Kerala Minister for Law AK Balan has said that there was no need for the government to take the Governor’s permission for moving the Supreme Court against the Citizenship Amendment Act. His statement comes after Kerala Governor Arif Mohammed Khan accused the government of not informing him before filed a suit in the top court and sought a report over the matter.
Balan also said that the government will give an explanation to the Governor if the latter sought for it.
"The government has acted in accordance with the Constitution. It is stipulated in law to inform the Governor if the state government locks horns with the Union government, not to seek permission from the governor. There is no such fight now. The state government is not for locking horns with the Union government neither with the Governor," Balan told media in Thiruvananthapuram on Saturday.
Kerala is the first state to file a suit against the Citizenship Amendment Act (CAA) in the Supreme Court.
“The government filed the suit as per Article 131 of the Constitution. It was not a move to question the power of the Governor. Explanation to the Governor will be given in consultation with legal experts," Balan said. Under Article 131 of the Constitution, the Supreme Court is given the power to adjudicate in case of a dispute between the states and the Centre.
On Friday former BJP state President and former Governor of Mizoram Kummanam Rajasekharan moved the Supreme Court seeking to implead in the suit.
Governor Arif Mohammed Khan had earlier this week lashed out against the Pinarayi Vijayan-led government for violating constitutional norms after the state government approached the Supreme Court. He had also declined to sign the ordinance to increase the number of members in local self-government departments in the state saying that he is not a rubber stamp.
Chief Minister Pinarayi Vijayan reacted saying that no resident is above the Assembly. He said, “It's best that those who are speaking now should spend time reading the Constitution, everything is written in it. This is a country where democracy prevails and not the yesteryear's resident who reigned over local kingdoms. No resident is above the Assembly.”