CAA, NRC Have Polarised Politics And Society

Hearing over 140 petitions, mostly against the Citizenship (Amendment) Act (CAA), a three-judge bench headed by Chief Justice S A Bobde of the Supreme Court Wednesday refused to grant any stay without hearing the Centre. The bench gave four weeks to the government to file a reply.

CONFLICT BETWEEN CENTRE AND NON-NDA STATES

Even as the top court considers the legality or otherwise of the legislation, the passage of the CAA in parliament last month, has polarised Indian politics. While rallies, both in support and against the legislation, have dominated the public sphere, a key fault line has emerged between the BJP-ruled Centre and states on one hand, and states governed by Opposition parties on the other.

The Kerala and Punjab legislative assemblies have passed resolutions rejecting the CAA on the grounds that it is unconstitutional, and that therefore, they are not under obligation to implement it. Several other states ruled by non-National Democratic Alliance parties have also rejected the CAA, although their assemblies are yet to pass any resolutions to the effect. The Congress convened a meeting of the Opposition parties on the issue and declared they would staunchly oppose the Act. The Centre has argued that the Act conforms to all constitutional provisions, including the right to equality.

Although States have a right to challenge legislation and policies, the Hindustan Times writes that “the fact is that the CAA has been legitimately passed by Parliament……Unless the SC declares it constitutionally invalid, it is the law of the land. And states — even if they do not agree — have no choice but to implement it……..This is not about the CAA; it is about the larger framework that governs Centre-State relations. State governments have made their political point. They must now step back and wait for the SC’s order.”