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'States have no powers to refuse implementation of Citizenship Act'

No state can refuse to implement the Citizenship (Amendment) Act, 2019 as the legislation was enacted under the Union List of the 7th Schedule of the Constitution, says a top official of the home ministry.

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Published : Dec 13, 2019, 7:44 PM IST

'States have no powers to refuse implementation of Citizenship Act': Govt
'States have no powers to refuse implementation of Citizenship Act': Govt

New Delhi: As a growing number of state governments refuse to implement the contentious Citizenship Amendment Act on the grounds that it is an attempt by the ruling BJP to strip the country of its secular credentials, the Centre has pointed out they do not have a choice in the matter as the matter of citizenship comes under the union list.

State governments have no powers to reject the implementation of the Citizenship (Amendment) Act, 2019 as the legislation was enacted under the Union List of the 7th Schedule of the Constitution, a top official said on Friday.

The statement came after chief ministers of West Bengal, Punjab, Kerala, Madhya Pradesh and Chhattisgarh announced that the law is "unconstitutional" and has no place in their respective states.

Read: 5 CMs not to implement CAB in their respective states

New Delhi: As a growing number of state governments refuse to implement the contentious Citizenship Amendment Act on the grounds that it is an attempt by the ruling BJP to strip the country of its secular credentials, the Centre has pointed out they do not have a choice in the matter as the matter of citizenship comes under the union list.

State governments have no powers to reject the implementation of the Citizenship (Amendment) Act, 2019 as the legislation was enacted under the Union List of the 7th Schedule of the Constitution, a top official said on Friday.

The statement came after chief ministers of West Bengal, Punjab, Kerala, Madhya Pradesh and Chhattisgarh announced that the law is "unconstitutional" and has no place in their respective states.

Read: 5 CMs not to implement CAB in their respective states

Intro:New Delhi: After several opposition-ruled states chief ministers announced that they will not implement the contentious Citizenship (Amendment) Act, 2019 on the grounds that it is "unconstitutional", sources in the Union Home Ministry today claimed that state governments have no power to refuse the implementation of this act as the citizenship matter comes under the Union list.


Body:"The Citizenship Amendment Act, 2019 comes under the seventh schedule of the Constitution and such amendment is applicable to all states," added home ministry sources.

Chief ministers of opposition-led states- including West Bengal, Kerala, Maharashtra, Madhya Pradesh, Chhattisgarh and Punjab have vowed not to implement this controversial bill in their respective states.

The bill became a law on Thursday night after it received President's assent despite massive protests in the Northeast, leaving three dead.


Conclusion:Meanwhile, Union Home Minister Amit Shah's scheduled visit to Shillong has been cancelled amid protests in Assam and other parts of the Northeast states over the Citizenship Amendment Act, 2019. Shah was to attend a function at North-Eastern Police Academy, which is under curfew.

The Citizenship (Amendment) Act, 2019 grants Indian nationality to Buddhist, Christians, Hindus, Jains, Parsis and Sikhs who fled from Pakistan, Bangladesh or Afghanistan before 2015.
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