Union Law Minister Ravi Shankar Prasad on Wednesday, 1 January, 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 that 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.
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.
Other states including West Bengal, Bihar, Madhya Pradesh and Rajasthan have said they will not implement the amended Citizenship Act.
However, the Kerala Chief Minister rejected the BJP leader's claims, saying that the states have their own privileges.
"State Assemblies have their own privileges. Such actions are unheard of anywhere but we can't rule out anything in the present circumstances since unprecedented things are happening in the country these days," Pinarayi Vijayan was quoted by The Indian Express as saying.
He said that the State Assemblies have their own special protection and that should not be violated. He said Kerala has become the first state to pass a resolution against a law violating the fundamental principles of the Constitution.
(With inputs from The Indian Express and PTI)
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