Tamil Nadu CM has no authority to say he will not implement CAA in state: Annamalai

Annamalai said the CAA is well-reasoned and it is one that grants citizenship and does not take away anyone's citizenship.

ByPTI

Published Mar 13, 2024 | 11:08 AMUpdatedMar 13, 2024 | 2:07 PM

Annamalai hate speech Supreme Court

BJP Tamil Nadu unit president K Annamalai on Tuesday, 12 March, said Chief Minister MK Stalin has “no powers” under the law of the land to take a stand against implementing the CAA in the state.

Outlining Constitutional provisions like the State list, Union list, Concurrent list and separation of powers including those related to legislation, the BJP leader said Stalin had taken his oath of office under the Constitution.

Though Stalin may oppose the Citizenship (Amendment) Act (CAA) politically, he cannot take an official stand against implementing the Central law in Tamil Nadu and he does not have any authority under the Constitution to decide to not implement the CAA and related rules, Annamalai asserted.

In case Stalin insisted on such a stand, he asked if the Chief Minister was going against the oath of office. “The extent of the Chief Minister’s knowledge of Constitution provisions is a question mark.”

“CM Stalin rather than uttering ‘lie and diverting and confusing people,’ should specify the ‘mistake’ in the CAA rules, if any,” he added.

In Tamil Nadu, political parties make the “sin” of causing confusion among the people by making superficial observations, he alleged.

Also Read: Tamil Nadu government will not implement “divisive” CAA in the state: CM Stalin

‘CAA well reasoned’

Annamalai said the CAA is well-reasoned and it is one that grants citizenship and does not take away anyone’s citizenship. “Not even one citizenship can be cancelled under the Act.”

As regards Sri Lankan Tamils, they have also been granted citizenship according to extant rules.

India is not a party to the 1951 Refugee Convention or its 1967 Protocol and the nation follows the ‘principle of non-refoulement’ which prohibits the transfer of individuals to their country of origin when there are grounds to believe that the person (refugee) would be at risk of irreparable harm upon return to his nation.

The BJP leader said Lankan Tamils may choose to go back to their country following return of normalcy and they have also been given citizenship by India.

In 2005, even the Congress party amended the Citizenship Amendment Act and as per that amendment, “no person who is or had been a citizen of Pakistan, Bangladesh…shall be eligible for registration” as an overseas citizen of India, he said.

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