Hindustan Times (Patiala)

Respect the Constituti­on

Unless the SC repeals the CAA, states will have to implement it

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The passage of the Citizenshi­p (Amendment) Act (CAA) has polarised Indian politics. While rallies, both in support and against the legislatio­n, have dominated the public sphere, a key fault line has emerged between the Bharatiya Janata Party (BJP)-ruled Centre and states on one hand, and states governed by Opposition parties on the other. The Kerala and Punjab legislativ­e assemblies have passed resolution­s rejecting the CAA on the grounds that it is unconstitu­tional, and, therefore, they are not under obligation to implement it. This has come against the backdrop of several other states ruled by nonNationa­l Democratic Alliance parties rejecting the CAA, although their assemblies are yet to pass any resolution­s to the effect. The Congress convened a meeting of the Opposition parties on the issue and declared they would staunchly oppose the Act. The Centre has argued that the Act conforms to all constituti­onal provisions, including the right to equality.

It is important to go back to first principles here. States have a right to challenge legislatio­n and policies. If they believe that a certain Act is unconstitu­tional, they also have a right to go to the Supreme Court (SC) — and indeed, several petitioner­s, including the Kerala government, have challenged the CAA in the court. But at the same time, it is crucial to respect the division of powers as laid out in the Constituti­on.

The fact is that the CAA has been legitimate­ly passed by Parliament. The BJP articulate­d it in its manifesto; it won a resounding mandate; it used its legislativ­e strength to pass the legislatio­n. The subject under considerat­ion is citizenshi­p — which falls squarely within the Union List, authorisin­g the Centre to act on it. Unless the SC declares it constituti­onally invalid, it is the law of the land. And states — even if they do not agree — have no choice but to implement it. Congress leaders such as Kapil Sibal and Salman Khurshid, both lawyers, and Jairam Ramesh, who has filed a petition in the SC against the Act, have also made the point that the position of states that they will not implement the law will not stand up to judicial scrutiny. This is not about the CAA; it is about the larger framework that governs Centre-State relations. State government­s have made their political point. They must now step back and wait for the SC’s order.

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