SRI KRISHNA 07 March 2020

Citizenship law

Recently some State Governments have announced that they will not allow the operation of the recently made amendments to Citizenship Act or NRC or NPR. Do such acts go in tune with the spirit of the Constitution and can they really stop implementation of any of these Laws or can they disobey the guidelines of the Central Government in this regard? is any person/sect/group/political party directing, exhorting or advising any group or the population not to cooperate with the enumeration process or data collection in the followup of the recently amended provisions of the Citizenship Law, liable to be punished under any of the Law of the Land?

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Quick Summary

This discussion delves into the constitutional validity of State Governments refusing to implement the amended Citizenship Act or NRC/NPR. It questions whether states can legally obstruct central government directives and if advising non-cooperation with enumeration processes is punishable. The consensus suggests states cannot halt the implementation of a Union List Act, though incitement to violence could invoke sedition laws.

2 Replies

Adv Haresh Raichura (Advocate on Record) 07 March 2020

1) No state government can stop implemention of a Central Act.
2) No law to punish anyone who calls for boycotting central law. But if there is incitement to violence or threat to integrity of India, Sedition law will apply. Any one can file public interest complaint case in court or in police station.

Dr J C Vashista (Advocate) 08 March 2020

It is not the question of a political party in a State when an act of Parliament has been passed, assented and notified for the subject falling in Union List.

No state government can interfer or stop its implimentation.