States of the Union of India are distinct polities with specific areas of operation & power of decision making. However, certain aspects of governance, such as Citizenship, are out of States’ ambit as the Constitution of India marked it as a Central subject. Yet various States are opposing CAA claiming they won’t implement the Indian Law. Kerala Assembly has resolved not to implement CAA which Kerala Governor Arif Mohammad Khan asserted as Constitutionally invalid. West Bengal CM is also on her toes showing resistance against CAA and going places to attend rallies against the said law. West Bengal Assembly passed a resolution of not implementing CAA & NRC much before CAA was passed.
Other than Kerala & West Bengal, Rajasthan, Chhattisgarh, Punjab, Delhi, Telengana, Andhra Pradesh, Puducherry too expressed not to implement CAA.
RSS ideologue Professor Rakesh Sinha expressed his anxiety that the States which are being rebellious outstepping their Constitutional eligibility, are actually trying to balkanize the Union of India. In this regard, it’s worth mentioning that a section of Indian Political Ecosystem wanted fragmentation of India from before independence. There are dormant supporters of this lobby in India as well as dominant ones who sloganeered “Bharat Tere Tukde Honge, Inshallah, Inshallah.” Keeping all these in mind, it’s easy to deduce that Balkanization of Indian Union is supposed to lead to secession.
With respect to such situations, Government of India would perhaps create alternative avenues for implementation of CAA, ensuring effective sidetracking of the State-supported hooligans. Against the denial of WB CM Mamata Banerjee to implement CAA in West Bengal, the Home Minister clearly stated that as NDA passed the legislation, the Centre also knew how they’d implement it. Shri Amit Shah added that CAA implementation would start from very West Bengal itself. From such strong statements made by the Home Minister, it appears that the denial mode of the States would, in fact, be proven futile due to lack of scope for muscle flexing. If the Central Government arrange for issuance of Citizenship Certificates based on online applications & online documentation through private platforms, States’ would not even know who all are applying for Citizenship & won’t be able to threaten them. While the opposition gushes out to claim the current BJP legislation, especially Modi-Shah duo, to be authoritarian, their denial to implement CAA, is indirectly compelling the so called authoritarianism of Modi-Shah.
States’ non-compliance would force GOI to work out alternatives which would be a sheer loss of face for the States. Regarding Citizenship, the State Executives never enjoyed any power or role to play. However, with respect to CAA, instead of opposing, the States could have demanded the power of implementation through the State Executives as they remain in closer contact with common people of the State. This could have substantially increased the power of the State Executives as power to implement is also a huge power. But opposition parties appears to have failed in perceiving that. Their obstinacy is reducing the opportunity for the State Executives to gain some additional power which, in a way, is a loss for the people too. Empowered executives are pre-requisites for strong governance whereas opposition parties’ imprudent tantrums are leading to reduction of opportunity for the State Executives to increase their power. Such behaviour in the name of opposition is not going in favour of either the Constitution or the people of India in general.
WB CM often expresses her concern about the federal structure of India being endangered by Modi-Shah. Her denial to abide by the Constitutional directives to work in congruence with the Centre is also going straightway against the federal structure.
Debjani Bhattacharyya