What is the constitutional significance of state legislatures passing resolutions on matters in the Union's domain? Examine with recent examples.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →Under Article 246 and the Seventh Schedule, citizenship and elections to Parliament are Union subjects. Yet state Assemblies increasingly pass resolutions on them, most recently Keralam's October 2026 resolution seeking the Chief Election Commissioner's removal [1]. Such resolutions carry no legal force but considerable federal weight.
Legal status: opinion, not law
- A resolution only expresses the House's opinion; it cannot annul or bind Union action.
- The CEC is removable only like a Supreme Court judge, by Parliament [2]; Keralam's resolution cannot start that process.
- Parliament enacted the CAA, 2019 [3]; anti-CAA resolutions by some states (2019–20) could not affect its validity.
Constitutional significance
- Federal voice: in a Centre-leaning federation, resolutions are among the few formal channels for states to record dissent.
- Direct stake: the ECI also conducts Assembly polls; Keralam also demanded transparency in ECI functioning [1].
- Cross-party signal: both the UDF and the LDF backed it while the BJP objected [1], so it was not a single party's move.
- Pushing amendments: Kerala's Assembly unanimously urged the Centre (December 2019) to amend the Constitution to continue Anglo-Indian representation [4].
- Flagging systemic gaps: PRS notes the 2023 Act gives the government a 2–1 majority on the CEC selection panel [2].
Concerns
- Pressure on neutral bodies: naming one official bypasses the inquiry and special majority that Article 324(5) requires, eroding security of tenure.
- Misplaced target: removing one CEC leaves the same appointment system intact [2].
- Partisan signalling: frequent symbolic resolutions may deepen Centre–State friction rather than resolve it.
State resolutions are thus legally non-binding but politically meaningful tools of federal dialogue. Their value lies in flagging systemic concerns, not targeting individuals. Routing such concerns through the Inter-State Council (Article 263) and Parliament would turn dissent into reform. One example is the Law Commission's (2015) proposal to include the CJI on the selection panel [2]. This would strengthen India as a "Union of States".
Sources
- 1The Hindu, "Keralam passes resolution for CEC's removal" (13 Oct 2026, Chennai edn., p. 9)the Keralam resolution, its transparency demand, UDF–LDF support and BJP objection
- 2PRS Legislative Brief: The CEC and Other Election Commissioners Bill, 2023removal of the CEC like an SC judge, the 2–1 government majority on the selection panel, the Law Commission (2015) recommendation
- 3PIB: Parliament passes the Citizenship (Amendment) Bill, 2019Parliament enacted the CAA
- 4Kerala Legislative Assembly (14th KLA, Session 17): Resolution on Anglo-Indian representation, 31 Dec 2019unanimous call to the Centre to amend the Constitution