Amid some of the non-BJP states announcing that they will not implement the Citizenship (Amendment) Act 2019, the Ministry of Home Affairs (MHA) on Friday made it clear that the state governments have no powers to reject the Act’s implementation as it was enacted under the Union List.
Officials said that the state governments cannot ignore the Act, which came into being under the Union List of the 7th Schedule of the Constitution.
The statement came after Chief Ministers Mamata Banerjee (West Bengal), Amarinder Singh (Punjab), Pinarayi Vijayan (Kerala), Kamal Nath (Madhya Pradesh) and Bhupesh Bhagel (Chhattisgarh) said that they would not implement the Act as it was “unconstitutional”.
The MHA officials said that there are 97 items which are under the Union List of the 7th Schedule that include Defence, External Affairs, Railways, Citizenship and Naturalisation among others. While Mamata said, “in your (BJP) manifesto, instead of development issues, you have put in promise to divide the country. Why will citizenship be on the basis of religion? ”
Pinarayi said that “an anti-constitutional law will have no place” in his state.
Amarinder Singh said that his government will not let the legislation to be implemented in Punjab.
Kamal Nath said, “anything that is divisive, we will not do it. The stand of the Congress in any law that divides society will be the stand of the MP government.”
Meanwhile, Home Minister Amit Shah cancelled his visits to Meghalaya and Arunachal Pradesh scheduled on Sunday and Monday, amid widespread protests in the Northeast against the move.
Shah was to take part in the passing out parade at the North Eastern Police Academy near Shillong in Meghalaya on Sunday and a festival in Tawang in Arunachal Pradesh on Monday.