Centre has right to enforce law in states

New Delhi: A spokesman of the Union home ministry said here today that the Central government had the right to use its discretion in enforcing a central law.

He was commenting on the Kerala government’s reported view that the central instructions issued on the eve of the Central government employees’ strike would not amount to denial of any discretion to the state government.

The spokesman said that the Kerala government had actually said that it would not enforce the provisions of the ordinance relating to the arrest and prosecution of the instigators of the strike.

He further said that in regard to laws, the Government of India had the authority to frame a broad policy direction for its implementation keeping in view the objects of the law.

The spokesman said that it was not for the state government which had the constitutional obligation to enforce the law to have its own policy about how the law should be enforced.

As regards the arrest of political leaders he said that some of them were arrested when they violated the law.

It may be recalled that the Kerala chief minister had said reportedly that while the Central government wanted that the trade union leaders should be arrested, political leaders need not be arrested.