Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Delhi Assembly passes resolution against NPR, NRC
What to study?
For Prelims: Overview of NPR, NRC and can states deny centre’s directions?
For Mains: Implications and outcomes of such acts.
Context: Delhi Assembly passes resolution against NPR, NRC.
As many as 11 Indian States have passed a resolution against the NRC and the NPR.
Can States Refuse To Implement NPR And NRC? What Does The Constitution Say?
Under Seventh Schedule of the Constitution, the subject of citizenship, naturalisation and aliens (foreigners) finds mention exclusively in the Union List which contains a total of 97 subjects.
So, citizenship and the laws related to it are exclusively in the domain of the central government and the refusal by states to implement NRC or NPR has no legal ground.
What can the states do?
The state governments can move the courts to challenge the central government but a refusal to implement is not within their powers. Article 365 of the Constitution makes it mandatory for the state governments to follow and implement the directions of the Central government, failing which the President can hold that the state government cannot carry on.
Why states’ cooperation is necessary?
- For all practical purposes, a nationwide NRC is impossible without the help of the state governments.
- It’s a huge exercise which involves use of massive administrative machinery. Central government cannot send its officers without the protection provided by the states’ law and order machinery. Hence, it will be difficult to go ahead without the co-operation of the state governments.
- Article 365 and the power of States.
- Citizenship under 7th schedule of the Indian Constitution.
- NPR vs NRC.
Can States Refuse To Implement NPR And NRC? What Does The Constitution Say? Discuss.
Sources: the Hindu.