On Friday, 11th Of January 2020, Citizenship (Amendment) Act officially came into operations. A notification from the Home Ministry said that the provisions of CAA will come into force from January 10, 2020. On December 11, 2019 Indian Parliament passed the Citizenship Amendment Bill and after the accent of the President, it became an Act. However, soon after many state non-BJP state government issued a statement saying that they will not let the Act to be implemented in their state. But a question arises, “ Can a State Assembly reject the law passed by Indian Parliament Legally?”
1. As per the Constitution of India no state can go against the law passed by the Indian Parliament.
2. India is a “Union of State” and not a “Federation of States” headed by the President of India. The Prime Minister and the Council of Ministers are appointed by the President to run the Republic of India. Governor is the Head of State who is also nominated by the President.
3. President acts on the advice of the Prime Minister Of India as per the Article 74 of the Constitution. Interestingly Indira Gandhi through 42nd amendment made it mandatory for the president to accept advice of PM & council of ministers.
4. The 7th Schedule of Constitution divides the subjects between Union and State. It defines 3 list
Citizenship Subject is at No 17 of the List, which comes under Union List.
5. According to Article 365 of the Constitution, it mandatory for the states to implement every laws made by the Parliament. As per the article a State Gov can be superseded by the President Rule if it denies the Laws made by parliament. Read snippet.
Therefore, Constitutionally state does not have power to reject the implementation of Citizenship Amendment Bill unless there is some special provisions in the Bill with respect to that state like in case of North-eastern states. If a state government refuses to implement the Act, it will lead to toppling of that Government in their respective state.
By Aabhas Maldahiyar @Aabhas24