Communist Party of India (Marxist) general secretary Sitaram Yechury has said there is no Constitutional hitch in the State government moving the Supreme Court against the Citizenship (Amendment) Act (CAA).
Speaking to the media here on Friday, Mr. Yechury said an elected government had the Constitutional right to move court in the interests of the people and the State. The Governor was appointed as per the Constitution and not on the basis of the Rules of Business of the government. Clearance of the Governor was not mandatory in this case.
The Governor could not seek a report from the Chief Minister and he could only report the issue to the President. Governor Arif Mohammad Khan did not seem to have a clarity about his intentions. He said the party would take a call on the ways for strengthening the agitations against the Centre.
The violence being unleashed against the protests against the Citizenship (Amendment) Act, 2019 was sponsored by the Central government.
Onus on Cong.
The unity of parties against the Act need not be seen as an electoral tie-up. The idea is not to form a front. The Congress should clarify why it was unwilling for a joint agitation against CAA in the State.
Mr.Yechury said he did not know the reason for the Congress retracting from the agitation after joining it in the first phase.
West Bengal Chief Minister Mamta Banerjee did not have a valid reason for staying away from the Opposition platform. Though she had warned against protests, the general strike was a big draw in the State and that might be the reason for her fury, he said.
With in rights: Kanam
CPI State secretary Kanam Rajendran told reporters here that the State government has moved the Supreme Court on the CAA on the basis of its rights and powers. There was no dispute about the fact that the Governor was the head of the State, but it had not been specified anywhere that the State government should seek his clearance for exercising an authority vested on it by the Constitution.
There was no rule that the Acts passed by Parliament should not be challenged in court. Many Acts had been challenged and the apex court would make a final review on the CAA too, he said.
