Kapil Sibal Statement on CAA: Congress is consistently opposing the Citizenship Amendment Act (CAA). The party has described it as unconstitutional and on the basis of religion. However, senior Congress leader and former Union Minister Kapil Sibal said on Saturday that states’ refusal to implement CAA is unconstitutional.
#WATCH Senior Congress leader Kapil Sibal in Kozhikode, Kerala: Constitutionally, it will be difficult for any state government to say that ‘I will not follow a law passed by Parliament’. #CitizenshipAmendmentAct pic.twitter.com/tNeSt5h0e5
— ANI (@ANI) January 18, 2020Advertisement
His statement is against the stand of his party. That is why on Sunday, he clarified his previous statement that if the Supreme Court declares it constitutional then it will be difficult to oppose it. But our fight will continue.
The battle will continue: Kapil Sibal
I believe the CAA is unconstitutional
Every State Assembly has the constitutional right to pass a resolution and seek it’s withdrawal
When and if the law is declared to be constitutional by the Supreme Court then it will be problematic to oppose it
The fight must go on !
— Kapil Sibal (@KapilSibal) January 19, 2020
Senior advocate Kapil Sibal clarified his statement and wrote on Twitter, ‘I believe the CAA is unconstitutional. Every state assembly has a constitutional right to pass a resolution and demand it to be withdrawn. If the law is declared constitutional by the Supreme Court, it becomes difficult to oppose it. The fight will continue. ‘
Supreme Court has to take the final decision: Salman Khurshid
Supporting Kapil Sibal’s statement in a way, party leader Salman Khurshid said, “If the Supreme Court does not interfere, it will remain in the book of the law.” If something stays in the book of law then you have to follow the law or else it will have serious consequences.
As far as this law is concerned, this is a case where there is a deep disagreement between the state governments with the Center. Therefore, we will wait for the order of the Supreme Court. Ultimately, the court will decide and until then everything has been said/done/is short-lived and temporary. ‘
This is a political proposal: Jairam Ramesh
Jairam Ramesh also made a comment similar to Sibal’s statement. They said,
‘I am not so sure that the state governments which are saying that they will not implement these laws, how much of their favor will be heard in the court, I know that the Kerala government has passed a resolution, but it is a political proposal. I am not 100 percent sure about how much it will face the judicial process.
States do not have the authority to not implement the law of the Center: Congress leader
During the Kerala Literature Festival, Sibal said, “When the CAA has passed, no state can say that I will not implement it.” This is not possible and is unconstitutional. You can resist that. Can pass a resolution in the Legislative Assembly. May demand withdrawal of the law from the central government. But constitutionally cannot say that states will not implement it. Doing so will cause more problems. ‘
Kapil Sibal said that the states said that they would not allow the state officials to cooperate with the Union of India. How would they do that? He said, ‘NRC is based on NPR and local registrars will implement NPR. Now local registrars have to be appointed from the community in which the enumeration is to be done and they will be state-level officials. They do not know practically how this is possible but it is very difficult constitutionally to say by a state government that it will not implement the law passed by the Parliament.
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