State have rights to oppose CAA unless declared constitutional by SC: Sibal

His remarks came a day after he had said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by the Parliament.

Senior Congress leader Kapil Sibal addresses a press conference on 100 days of NDA Government at AICC HQ, in New Delhi. Photo: PTI
Senior Congress leader Kapil Sibal addresses a press conference on 100 days of NDA Government at AICC HQ, in New Delhi. Photo: PTI
Press Trust of India New Delhi
2 min read Last Updated : Jan 19 2020 | 7:31 PM IST

Senior Congress leader Kapil Sibal on Sunday asserted that every state assembly has the constitutional right to pass a resolution and seek the amended Citizenship Act's withdrawal, but if the law is declared constitutional by the Supreme Court then it will be problematic to oppose it.

His remarks came a day after he had said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by the Parliament.

"I believe the CAA is unconstitutional. Every State Assembly has the constitutional right to pass a resolution and seek its 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!" Sibal said in a tweet.

His remarks on the CAA at the the Kerala Literature Festival (KLF) on Saturday had caused a flutter as several non-BJP governments, including Kerala, Rajasthan, Madhya Pradesh, West Bengal and Maharashtra, have voiced their disagreement with the CAA as well as National Register of Citizens (NRC) and National Population Register (NPR).

"If the CAA is passed no state can say 'I will not implement it'. It is not possible and is unconstitutional. You can oppose it, you can pass a resolution in the Assembly and ask the central government to withdraw it.

"But constitutionally saying that I won't implement, it is going to be problematic and going to create more difficulties," said the former minister of law and justice.

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Topics :statesCitizenship ActSupreme CourtKapil SibalNational Population Register

First Published: Jan 19 2020 | 4:55 PM IST

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