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Centre vs States: 5 CMs Refuse To Implement Citizenship Law; MHA Says 'They Have No Power'
Joining the campaign against the newly implement Citizenship Amendment Bill, CMs of five states have said that they may not implement the new law arguing that it is an attempt by the BJP-led Central government to strip the country of its secular credentials.
New Delhi: Joining the campaign against the newly implement Citizenship Amendment Bill, Chief Ministers of Madhya Pradesh and Chhattisgarh on Friday said that they may not implement the new law arguing that it is an attempt by the Bharatiya Janata Party (BJP)-led Central government to strip the country of its secular credentials. With MP and Chhattisgarh in addition, West Bengal, Punjab and Kerala - five Opposition ruled states - have said that it would not implement the controversial law.
However, snubbing their claims, the Ministry of Home Affairs (MHA) have said that the states hold no power to deny union law. MHA sources have told news agency ANI that the issue of citizenship comes under Union List by the Seventh Schedule of the Constitution, and therefore such amendment is applicable for all states.
Sources also said that states cannot deny the implementation of the Act as it comes under Union List and they have to accept it in the current form passed by Parliament of India. The Union List is given in the Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.
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The legislative section is divided into three lists: Union List, State List, and Concurrent List. Unlike the federal governments of the United States, Switzerland, and Australia, residual powers remain with the Union Government, as with the Canadian federal government.
Kerala CM Pinarayi Vijayan was among the first to to make it clear that his government disapproves of the Citizenship (Amendment) Bill and it will not be implemented in the state. “There is no place for such an unconstitutional law in Kerala. Such a law will not be implemented in the state,” he had said in a press meet on Thursday.
Describing the act as a direct assault on India's secular character, Punjab chief minister Amarinder Singh said his government will not let the legislation to be implemented in his state. Even West Bengal CM Mamata Banerjee slammed the Centre over the implementation of the Citizenship bill and she would not allow its implementation in the state "under any circumstances".
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Chhattisgarh CM Bhupesh Baghel said the act was clearly unconstitutional. "Whatever decision is made at the Congress party forum on the bill, will be applied in Chhattisgarh," he said. Madhya Pradesh CM Kamal Nath said, "Whatever stand the Congress party has taken on amended Citizenship Act, we will follow that. Do we want to be a part of a process that sows seeds of divisiveness?".
Addressing a press meet in Digha, Banerjee, who is also the TMC supremo, said the saffron party can't bulldoze the states to implement the law. "We will never allow NRC exercise and Citizenship Act in Bengal. We will not implement the amended Act, even though it has been passed in Parliament. The BJP can't just bulldoze the states to implement it," Banerjee said.
According to the Citizenship Act, members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have come from Pakistan, Bangladesh and Afghanistan till December 31, 2014 and facing religious persecution there will not be treated as illegal immigrants but given Indian citizenship. The act also proposes to give immunity to such refugees facing legal cases after being found as illegal migrants.
(With inputs from agencies)
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