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Implementation of the law made on the subject of the Central List sets necessary for the State Governments

Sunday - December 15, 2019 1:46 pm , Category : INDIA
No state can 'refuse' the enforcement of citizenship law
No state can 'refuse' the enforcement of citizenship law

State Governments obliged to implement the citizenship law in their state due to ‘this reason’ 

DEC 15 (WTN) - As you know, the Citizenship Amendment Bill has become a law with the signature of the President. After the enactment of the bill, the gazette notification of this law will be done and after this, the law will be applicable in the whole country. While on one hand, people are supporting the law that it will prevent infiltration from neighboring countries; the opposition parties are opposing the CAB. Other opposition parties, including the Congress, are opposing the CAB on the grounds that this law is anti-constitutional. At the same time, there are some other parties including BJP and Akali Dal in support of CAB. 

But the governments of the non-BJP ruled states are strongly opposing the new citizenship law doing vote bank politics so that their vote bank can be appeased. In opposition to Prime Minister Modi, these state governments say that they will not allow the citizenship law to be implemented in their respective states. But in the meantime, the biggest question is whether the state governments can refuse to implement the law, which the central government has made? 

 In fact, opposition parties, including the Congress, are opposing the citizenship law to appease their vote bank. Chief Ministers of West Bengal, Kerala and Punjab say that they will not allow the citizenship amendment law to be implemented in their respective states. At the same time, the governments of Madhya Pradesh and Chhattisgarh have also spoken of not implementing the new citizenship law. It may be that the Congress Government of Rajasthan has the same attitude.

However, these state governments have not officially announced that they will not allow the citizenship law to be implemented in their respective states. But the Chief Ministers of Congress-ruled states say that according to the party stand they will oppose the citizenship law.

In this context, West Bengal Chief Minister Mamata Banerjee, following her tradition of opposing the central government, started opposing the bill even before it was passed. Mamata Banerjee says that she will not allow this law to be implemented in her state. Mamata Banerjee is going to hold a rally in Kolkata on December 16 against this new law. At the same time, another non-BJP-ruled state of Kerala Chief Minister Pinarayi Vijayan says that the new law is unconstitutional and it is discriminatory on the basis of religion. At the same time, Punjab Chief Minister Amarinder Singh says that Punjab Legislative Assembly will stop the implementation of the new law in the state because this new law is against the Constitution.

At the same time, Maharashtra's Shiv Sena leader Sanjay Raut has said that the citizenship law violates the constitution. Sanjay Raut says that whether the new Act is to be implemented in Maharashtra or not, it will be decided by Chief Minister Uddhav Thackeray. But as you know, there is an alliance government of Shiv Sena, NCP and Congress in Maharashtra. In such a situation, the leaders of the Congress party in the state have clearly said that they would not allow this law to be implemented in the state.

But for your information, let us know that the Chief Ministers of the non-BJP ruled states may oppose the new citizenship law in their statements, but according to the constitutional system, the Chief Ministers of the states do not have the right to not applying any law being implemented by the Center. In this regard, the Ministry of Home Affairs has also made it clear that no state government can refuse to implement any law made on any subject related to the Central List. 

Now you are wondering what this central list, after all, is, then for your information, let us know that the arrangement and concept of lists are given in the seventh schedule of the constitution. The Seventh Schedule to the Constitution provides for three lists. Through these lists, the work-related subjects and powers have been shared between the Center and the States. The seventh schedule of the constitution has three lists, first the central list, the second state list, and the third concurrent list.

There are 100 such subjects in the Central List, on which only the Central Government has the right to make laws. No state government can refuse to implement the law made by the central government on these subjects in its state. At the same time, like the Central List, there is a State List, which has 52 subjects. States have been empowered to make laws on the subjects of the state list and the central government usually does not interfere with the subjects of this list.

In addition to the central list and the state list, the name of the third list is the concurrent list. For your information, let us know that there are such topics in the concurrent list on which both the central and state governments can make laws according to the need.

It is clear that the Constitution makes it clear which government can make laws on which subject. Now since the subject of citizenship comes under the Central List, the Central Government has the right to make laws on it. It is clear in the constitution that the State Governments cannot refuse to implement the Central Government Act on citizenship and the law relating to citizenship will be uniformly applicable in all parts of the country.

Apart from citizenship, subjects like defense policy, foreign policy, communication policy, and railways also fall in the central list and only the Central Government has the authority to make laws on these subjects. The laws made on these subjects will have to be implemented by the state governments in the same manner as they have been made by the central government. 

That is it is clear that no state government can stop the law made by the Central Government on citizenship. Chief Ministers of non-BJP ruled states may oppose this law in their statements according to the stand of their party, but the fact is that the Chief Ministers of the states do not have the right to stop the implementation of this law. If any state government refuses to enforce the citizenship law in its state, then the constitutional crisis will arise in that state and on the recommendation of the Governor, President's rule in that the state can be imposed.