States' Constitutional Duty To Implement Laws Passed By Parliament: Union Minister Ravi Shankar Prasad

Law Minister Ravi Shankar Prasad on Wednesday said state governments have a Constitutional duty to implement laws passed by Parliament and those vowing not to implement the Citizenship Amendment Act should seek appropriate legal opinion.

He said it was surprising that those who have come to power by taking oath under the Constitution are making “unconstitutional” statements. His statement came a day after the Kerala assembly passed a resolution urging the Centre to withdraw the amended citizenship law.

Prasad said the government’s which claim they would not allow the CAA or are getting resolutions passed against implementing it may seek appropriate legal opinion on constitutional provisions.

“It is the constitutional duty of the states to implement laws passed by Parliament,” Prasad told reporters. He said Parliament can make laws on subjects under the Union List which includes citizenship.

To drive home his point that states cannot oppose laws passed by Parliament, he 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.

Other states including West Bengal, Bihar, Madhya Pradesh and Rajasthan have said they will not implement the amended Citizenship Act.