Puducherry assembly does not have powers to deliberate on CAA, Kiran Bedi tells CM

PUDUCHERRY: As the ruling Congress party in Puducherry is planning to pass a resolution against the Citizenship Amendment Act (CAA), lieutenant governor Kiran Bedi on Monday wrote to chief minister V Narayanasamy pointing out that the legislative power of the legislative assembly in the Union territory does not include power to discuss and deliberate on citizenship matters as they fall squarely within the domain of the Parliament and the Centre.
Bedi said the CAA is already under the adjudication before Supreme Court and cited relevant rules to declare that resolution of any matter which is under adjudication by a court of law is “not admissible.”
She said three members nominated by the Centre to Puducherry legislative assembly - V Saminathan, K G Shankar and S Selvaganabathy - called on her on Monday and submitted a memorandum.
In the memorandum, the nominated members said the ruling party proposes to bring a resolution in the legislative assembly on February 12 against the CAA passed by the Centre.
Bedi said they had given a representation to speaker of the legislative assembly V P Sivakolundhu urging him not to permit any discussion and resolution on the CAA as it exceeded the power of legislative assembly under Section 18 (1) and 18 (2) of the Government of Union Territories Act, 1963.
"In this regard, I would like to bring to your kind notice that the Citizenship (Amendment) Act, 2019 (No 47 of 2019) has been passed by both the Houses of Parliament and been assented by the President of India and notified in the Extraordinary Gazette of India No 71 dated December 12, 2019," Bedi said in the letter to Narayanasamy.
She cited Section 18 (2) of the Government of Union Territories Act, which read, "nothing in sub-section (1) shall derogate from the powers conferred on Parliament by the Constitution to make laws with respect to any matter for (the Union territory) or any part thereof."
Bedi said the law (CAA) passed by the Parliament is applicable to the Union territory of Puducherry as well, which cannot be questioned or deliberated in any manner.
In the memorandum, the three nominated MLAs said any discussion on the CAA violates the Constitution of India and infringed the rights of the Parliament. They cited reference (3) and (4) of Section 5 of the administrators rules for the Puducherry legislative assembly. The rule empowers the administrator (lieutenant governor) to direct the Speaker of the legislative assembly to decline any resolution prohibited under it. The administrator can communicate his decision to the speaker and the administrator's decision will be the final.
"If any doubt arises whether any resolution of which notice has been given or any part thereof is or is not within the prohibition imposed by sub-rule (1), the administrator shall act in his discretion, decide the point and his decision shall be final," the nominated MLAs said in the memorandum while quoting reference (4) of the Section 5 of the rules.