After the Parliament passed the Citizenship Amendment Act (CAA) last month, opposition parties got together in creating spreading rumours and propagating myths about the Citizenship Amendment Act. The Congress-led the charge boldly declaring that the CAA is unconstitutional. Now, suddenly the legal eagles of the grand old party, Kapil Sibal and Salman Khurshid have started making sense by arguing that states cannot block the implementation of the Parliamentary legislation.
The state Legislative Assemblies of Punjab and Kerala have passed resolutions against the Citizenship Amendment Act. Last month, Punjab CM, Amarinder Singh had declared that the Parliamentary law won’t be allowed to take effect in the state of Punjab. West Bengal CM, Mamata Banerjee too had said that she wouldn’t allow CAA and NRC to be implemented in the state. The West Bengal Assembly had also passed an anti-NRC resolution in September last year itself.
Speaking in the context of such resolutions, senior Congress leader, Kapil Sibal has said that it would be “difficult for any state government to say that ‘I will not follow a law passed by parliament'”. The Senior Advocate added, “The states are sending a message to the central government that they are unhappy with the citizenship law, the National Register of Citizens and the National Population Register. But the NRC is based on National Population Register and that has to be implemented by a local registrar, who is appointed by state-level officers. Basically what is being said is we won’t allow state-level officers to cooperate with Union of India… practically, I don’t know if that’s possible. It’s a grey area.”
#WATCH Senior Congress leader Kapil Sibal in Kozhikode, Kerala: Constitutionally, it will be difficult for any state government to say that 'I will not follow a law passed by Parliament'. #CitizenshipAmendmentAct pic.twitter.com/tNeSt5h0e5
— ANI (@ANI) January 18, 2020
What Sibal has said has set the record straight. It is pertinent to mention here that Article 256, inter alia, states, “The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament.” This is a mandatory constitutional provision and some of the opposition-ruled states are virtually defying the Constitution by saying that they won’t give effect to a Parliamentary legislation.
Another Senior Advocate and Congress leader, Salman Khurshid has echoed the remarks made by Sibal. He has said that if Supreme Court doesn’t interfere in the matter, the “CAA will remain on the statute book and there will be consequences if not obeyed”.
Interestingly, Khurshid had joined anti-CAA/ NRC protests only a few days ago.
ANI has quoted him as saying, “If the Supreme Court doesn’t interfere it’ll remain on the statute book. If something’s on the statute book, you have to obey the law, else there are consequences.
Congress leader Jairam Ramesh also pointed out that state resolutions against CAA, NPR, such as in Punjab and Kerala, may not stand judicial scrutiny.
As soon as the CAA was passed, the Congress has proclaimed that the CAA is unconstitutional. Rampant fear-mongering and rumour-mills fanned flames across the country, which also witnessed widespread violence. It was in this frenzy that some opposition-ruled states went on to declare that they won’t implement the law.
Now, more than a month after the passage of the legislation, Sibal sees a Constitutional error in the bizarre attempts to block the implementation of the CAA. Even on the issue of National Population Register (NPR), which the Congress claims to be the starting point of NRC, Sibal is not too sure about whether the state governments can refuse its implementation.
What Sibal and Khurshid have said has made it clear that the CAA is a central legislation and unless the apex court declares it unconstitutional no one, including the state governments or the state legislatures, can block its implementation. While the realisation exposes the futility and the Constitutional profanity of the anti CAA/ NRC resolutions, it also brings out how the Congress took the country for a ride with its propaganda against the CAA, and when it came to practicality the party simply gave up.
