Kerala’s move to challenge CAA
Part of: GS Prelims –Polity and GS-II- Governor
- Recent controversy concerning the Kerala government’s move to challenge the Citizenship (Amendment) Act, 2019
- Kerala Govt chose to sue the Centre in the Supreme Court under Article 131 without first informing Governor
From Prelims point of view:
- Article 131 : Original and exclusive jurisdiction of the Supreme Court.
- Here, ‘Original’ and ‘Exclusive’ means that Court has the power and authority to address, hear and rule a decision in the initial instance.
- The exclusivity factor of the jurisdiction provides an exceptional and particular power to the Court to hear and decide the matter than any other Courts
Article 167 :
- It is the Chief Minister’s duty to communicate to the Governor all decisions of the Council of Ministers relating to the administration and proposals for legislation.
- It enjoins the Chief Minister to furnish such information relating to the administration as the Governor may call for.
- There may be occasions when the Governor may need to ask a top bureaucrat or the head of the police force for a report on a major incident or development, but even that should be for the limited purpose of getting an accurate picture before sending a report to the Centre
- In June 1983 the Union Government appointed a commission under the chairmanship of Justice R.S. Sarkaria to review the question of centre state relationship