The implementation of the Act comes under Union List and they have to accept it in the current form.
New Delhi: After as many as five states refused to implement the amended citizenship Act, sources at the Ministry of Home Affairs (MHA) have said that the states hold no power to deny union law.
According to the MHA sources, the issue of citizenship comes under Union List by the Seventh Schedule of the Constitution, and therefore such amendment is applicable for all states.
The five states, which have refused to implement the Citizenship (Amendment) Act, 2019, include West Bengal, Punjab, Madhya Pradesh, Chhattisgarh, and Kerala.
Sources also said that states cannot deny the implementation of the Act as it comes under Union List and they have to accept it in the current form passed by Parliament of India.
The Union List is given in the Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.
The legislative section is divided into three lists: Union List, State List, and Concurrent List.
Unlike the federal governments of the United States, Switzerland, and Australia, residual powers remain with the Union Government, as with the Canadian federal government.