The anti-CAA protests have far from ended in various parts of India. More than sixty petitions are awaiting the Apex Courts’ decision over the validity and implementation of the Citizenship Amendment Act, which came into force on 10 January 2020. Besides the eternal opponents, JNU and Jamia Milia, students from many other states have chipped in, in their show of solidarity, though primarily against police highhandedness in Jamia, but with placards with varying slogans like Go Back Modi, Free Kashmir in addition to No to CAA, NRC and NPR.
Kerala and West Bengal governments have moved the Supreme Court under a rarely exercised Article 131 of the Constitution of India, which grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. By precedence States’ petitions, Jharkhand, Bihar and Kerala’s earlier appeals against the Centre have all been dismissed by the Supreme Court, which had maintained that the state could not claim supremacy over a Central Act if it is in the Union List.
The Centre has maintained that the States have no locus standi as the Act falls under the 7th Schedule of the Constitution. The States must abide and implement the Central Law, now subject to the Supreme Court’s validation. Matters like Defence, Railways, Citizenship and Naturalisation fall under the exclusive privilege of the Centre.
In such a scenario, the West Bengal CM has declined to participate in the Centre called NPR preparatory meeting tomorrow in Delhi, daring the Centre ‘to pull down her government.’ The Centre has seriously flawed in not adequately disseminating the Bill and Act with the public and the opposition.
Perhaps Didi is forced to maintain the hard stance until the 22 January, when the multiple petitions come up for hearing. In the highly unlikely event of the court rubbishing the Act, she will become the champion of the opposition. If the Supreme Court, again in the unlikely circumstances, direct the Centre to examine a few discriminatory provisions, she still can claim victory. In the likely event of the Apex court approving the Act, all opposing political parties, including Didi’s, can take refuge of the ‘obedience to the law,’ converting their protests to more passive, than now.
The fight was lost, back in the parliament, when high decibel rhetoric gave way to saner arguments. Walkouts, absenteeism and last-minute switchover were responsible for the passage of the bills, which were primarily intended and colluded with between a section of the opposition and the ruling party.
The nation would wait until the court delivers its verdict on the CAA, but the soon to begin work on the National Census and the National Population Register programme cannot and should not be thwarted.
The students must be back in their classes.
Sampath Kumar
Intrépide Voix
