Union Law Minister Ravi Shankar Prasad on Wednesday said States had a constitutional duty to implement laws passed by Parliament. State governments that had announced that they would not implement the Citizenship (Amendment) Act (CAA) should seek appropriate legal opinion on constitutional provisions, he said.
“It is the constitutional duty of the States to implement laws passed by Parliament,” Mr. Prasad told reporters.
The Law Minister’s comments came a day after the Kerala Assembly passed a resolution asking the Centre to withdraw the amended citizenship law.
Mr. Prasad said it was “surprising that those who have come to power by taking oath under the Constitution are now making unconstitutional statements”.
The Law Minister said the governments which claim they would not allow the CAA or were getting resolutions passed against implementing it might seek appropriate legal opinion on constitutional provisions.
The Parliament of India could make laws on subjects under the Union List which included citizenship, Mr. Prasad said and referred to Clause 2 of Article 245 of the Constitution.
“Article 245 (Clause 2) states that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation,” he said.
Several Opposition-ruled States including West Bengal, Bihar, Madhya Pradesh and Rajasthan have said they will not implement the amended citizenship Act.
