Applicable to all: Government sources on states denying implementation of Citizenship Amendment Act

WION Web Team New Delhi, India Dec 13, 2019, 04.07 PM(IST) Edited By: Sparshita Saxena

File photo Photograph:( AFP )

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Kerala, Punjab, Chhattisgarh, Madhya Pradesh and West Bengal the states where the leadership has stated that the Act will not get implemented.

According to government sources, the applicability of the Citizenship Amendment Act is to take place in all states, news agency ANI reported.

"The issue of citizenship comes under the Union List by 7th schedule of the Constitution. Such an amendment is applicable to all states," ANI reported citing government sources.

The Union List is given in the Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.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. 

Sources at the Ministry of Home Affairs (MHA) have said that the states hold no power to deny Union law.

This comes as the leadership of five states have said they will not let the Act get implemented in their respective states.

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The Bill officially turned into an Act after President Ram Nath Kovind's assent.

Kerala, Punjab, Chhattisgarh, Madhya Pradesh and West Bengal the states where the leadership has stated that the Act will not get implemented.

"The move to decide citizenship on the basis of religion amounts to a rejection of the Constitution," Kerala Chief Minister Pinarayi Vijayan had said in a tweet.

President Ram Nath Kovind, late on Thursday, gave his assent to the Bill, signing it into an Act.

Massive protests have gripped India's northeast against the bill. Two people lost their lives in police firing as the mob continued to protest, opposing the Bill that seeks to grant citizenship to non-Muslim migrants from Afghanistan, Bangladesh and Pakistan. 

On Friday, Congress party moved to the Supreme Court, claiming that the Act violates Article 14 of the Constitution.