BJP’s win is the victory of democracy: B S Yeddyurappa

New Delhi, Jan 19: Senior Congress leader Kapil Sibal on Sunday asserted that every state assembly has the constitutional right to pass a resolution and seek the amended Citizenship Act's withdrawal, but if the law is declared constitutional by the Supreme Court then it will be problematic to oppose it.

His remarks came a day after he had said there is no way a state can deny the implementation of the Citizenship Amendment Act (CAA) when it is already passed by the Parliament.

"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!" Sibal said in a tweet.

His remarks on the CAA at the Kerala Literature Festival (KLF) on Saturday had caused a flutter as several non-BJP governments, including Kerala, Rajasthan, Madhya Pradesh, West Bengal and Maharashtra, have voiced their disagreement with the CAA as well as National Register of Citizens (NRC) and National Population Register (NPR).

"If the CAA is passed no state can say 'I will not implement it'. It is not possible and is unconstitutional. You can oppose it, you can pass a resolution in the Assembly and ask the central government to withdraw it.

"But constitutionally saying that I won't implement, it is going to be problematic and going to create more difficulties," said the former minister of law and justice.

The decision of the Indian government to ease the coronavirus-linked global travel restrictions imposed on those having OCI cards has given a big relief to many stranded overseas citizens of India across the world.

OCI card is issued to people of Indian origin globally which gives them almost all the privileges of an Indian national except for the right to vote, government service and buying agricultural land. The OCI card gives them a visa-free travel to India.

On Friday, the central government allowed certain categories of OCI card holders, who are stranded abroad, to come to the country. Earlier, according to the regulations issued by the Indian government in April, visas of foreign nationals and OCI cards were suspended as part of the new international travel restrictions following the COVID-19 pandemic.

This privilege of visa free travel to India was causing distress among a large number of people of Indian-origin and Indian citizens in countries like the US whose children were OCI card holders as they were born in this country.

Many Indian parents, several of whom lost their jobs as a result of the economic crisis due to coronavirus pandemic, but were not allowed to take the special evacuation flights of Air India from various US cities, took to social media and urged the Indian leaders to allow them to travel to India.

“This is a big relief for the OCI card holders. It was a humanitarian crisis in the making. I am pleased that the Indian Government listened to their voices,” said social activist Prem Bhandari, chairman of Jaipur Foot USA, who has been taking up the cause of the OCI card holders.

Dr Arathi Krishna, former deputy chairperson of NRI Forum of Karnataka government, who had been demanding this relaxation, many of the thousands of stranded OCI card holders in defferent parts of the world were in pursuading her to exert pressure on the authorities concerned for this much needed relaxation.

The restrictions on traveling of OCI card holders to India was issued by govt of India on March 13 in the wake of global outbreak of coronavirus pandemic. 

She said: "Many parents who are Indian nationals could not travel for emergency purpose to India after repatriation flights started due to their minor children being OCI card holders. Many children who were OCI card holders could not travel to India to perform last rites when there was death in their family due to these restrictions"

"I was constantly pressurising and bringing these issues to the attention of ministry officials in External Affairs and Home Affairs departments. I was following up with Mr Dammu Ravi who is heading the COVID task force  task firce in the ministry of overseas Indian affairs who took interest in solving this problem through his consistent efforts with MHA. Iam thankful to Fireign Secretary too for his efforts and concern and to MHA for making it easier now for OCI card holders to travel in repatriation flights with emergency reasons," she said.