Congress backs states’ right to not implement CAA till Supreme Court decides

New Delhi: Congress high command on Sunday asserted the state governments which have moved or would move the Supreme Court challenging the constitutional validity of the Citizenship Amendment Act have the right to maintain that they won’t implement CAA till SC gave its ruling.

Before the assertion, party leader Kapil Sibal, who had on Saturday said it would be unconstitutional for state governments to say that it won’t implement CAA, put out a clarificatory tweet, positioned along the party line.

Congress spokesperson Abhishek Singhvi said states have specific rights under Article 131 of the Constitution to challenge the constitutional validity of any central Act. “All that some states have done or, are immediately proposing to do, is to have filed or going to file substantive comprehensive petitions in the Supreme Court. Those petitions have challenged the new law under Article 131. Once these state governments, through well-ordained constitutional provisions, challenge the constitutional validity of the Act, is it wrong to say that till such time, till the states get the decision from the apex court, we will not implement the Act, whose constitutional validity we have challenged?” he said.


The clarification came after Sibal’s comment led to some discomfort in the opposition camp given that Kerala and Punjab have passed resolutions against CAA and that many other states may move SC as well.

Asked about Sibal’s comment, Singhvi said his colleague has already clarified it through a tweet. He, however, cautioned: “The government would be happy to get off the hook by creating all types of misinterpretations (of confusing comments).”

Earlier, Sibal clarified through a tweet: “I believe the CAA is unconstitutional. Every state assembly has the constitutional right to pass a resolution and seek its withdrawal. When, and, if the law is declared to be constitutional by the Supreme Court, then it will be problematic to oppose it. The fight must go on!”