State governments should not intrude into matters beyond their constitutional jurisdiction, the Ministry of External Affairs (MEA) said on Thursday criticising the Kerala government for appointing a secretary for “external cooperation”.
Citing provisions in the Constitution, MEA spokesperson Randhir Jaiswal said that matters relating to foreign affairs are the “sole prerogative” of the central government.
On July 15, the Kerala government issued an order giving K Vasuki, secretary in the labour and skills department, the additional charge of “the matters connected with external cooperation”.
“The Constitution of India under the seventh schedule, list 1 (or the) Union list, item 10, clearly specifies that foreign affairs and all matters which bring the Union into relation with any foreign country, are the sole prerogative of the Union Government,” Jaiswal said.
“It is not a concurrent subject and definitely not a state subject. Our position is that state governments should not intrude into matters that are beyond their constitutional jurisdiction,” he said.
On Monday, BJP parliamentarian P P Chaudhary raised the issue in Lok Sabha and described the Kerala government’s action as “unconstitutional” and an “encroachment” on the responsibilities of the Centre.
“Is the Kerala government treating itself as a separate nation,” he asked.
The BJP lawmaker said external cooperation meant dealing with various nations, Indian embassies and missions abroad, functions that formed part of the Union List as per the allocation of business rules.
“As per the allocation of business rules, these functions can only be performed by the Government of India through the Ministry of External Affairs,” the MP from Pali in Rajasthan said.
“So, the action on the part of Kerala government by issuing such an order and appointing an IAS officer as foreign secretary is unconstitutional, and it is an encroachment on the union list,” he said.
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