'States have right to disagree with Centre, cannot be forced to implement 'unconstitutional' law'
Congress on CAA
New Delhi: Amid the tussle between the Kerala government and the governor over the Left dispensation approaching the Supreme Court against the CAA, the Congress on Sunday said states have the right to disagree with the Centre and until the issue is resolved in court, they cannot be "forced" to implement the "unconstitutional" law.
The Congress' assertion comes a day after senior Congress leader Kapil Sibal said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by Parliament.
He, however, later asserted that every state assembly has the constitutional right to pass a resolution and seek the amended Citizenship Act's withdrawal, but if the law is declared constitutional by the Supreme Court then it will be problematic to oppose it.
"Let the BJP government and its governors not forget that India is a Union of states. As per the established parliamentary practice, states can disagree with the Union and challenge the same by way of their constitutional right under Article 131 of the Constitution," Congress' chief spokesperson Randeep Surjewala said in a statement.
In the past, many states such as Karnataka, Bihar, Rajasthan, just to name a few, have approached the Supreme Court under Article 131 to resolve disputes with the Union of India on a range of issues, he said.
"Until the issue is resolved on a petition moved under Article 131, states cannot be forced to implement an unconstitutional law like the CAA," Surjewala said.
The people's movement against the CAA shall go on "courageously and fearlessly". Citizens, parties and states shall continue to oppose the CAA with determination, he said.
Repeated statements being made by Home Minister Amit Shah and governors "forcing" the states to implement the CAA are itself preposterous and go against the very concept of 'constitutional federalism', Surjewla said.
Kerala Governor Arif Mohammed Khan has been at loggerheads with the government ever since the state Assembly passed a resolution last month, seeking to scrap the CAA.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
