Thread by @naukarshah

Some state governments, categoric in their opposition to NRC, are unable to decide on NPR for they worry if such a decision would be legally tenable. Whether they can say No to NPR or can they refuse to provide staff for NPR exercise?

The answer to both is a resounding Yes. 1/n

Answer to both lie in the section 14A of Citizenship Act (as amended in 2003 to enable NRIC).

First, as Faizan Mustafa Sb & ors have explained, NPR is nowhere mentioned in the act.

Second, it does not entrust State Govt to appoint any officers & staff for this exercise. 2/n

This is unlike what is mentioned in say a census act, where the act provides for state government to appoint officers and staff to do the census exercise under section 4 (2). 3/n

and unlike what is mentioned under section 159 of representation of people's act wherein the power to requisition staff is explicitly mentioned. 4/n

and unlike what is mentioned in say the section 16, chapter III of Disaster Management act, 2005.

From the wording of 14A of citizenship act, it is clear that the act intended the NRIC exercise to be done by central govt & not by state govt.

Now the question comes, how did state govts get involved in this.

The Citizenship rules, 2003 that went beyond its brief is the answer

While the act nowhere mentions roles & responsibilities of state govt, the rules, an executive dictat, goes the full yard and beyond to even challenge the federal nature of constitution. Every official of central, state and local govt to assist Registrar General it seems. :)

State Govts which refuse to do NPR, or refuse to share resources for NPR exercise would only be following the act, the law of the land.

Only thing against the law here is the rules, which I am sure is a handiwork of an overzealous IAS officer, dreaming himself to be a CEC. n/n

@threadreaderapp unroll