Can Mamata Banerjee stop implementation of New Waqf law passed by Parliament Know what Constitution says ANN

Controversy has arisen over the Waqf Amendment Act. Amid opposition from Muslim organizations, West Bengal Chief Minister Mamata Banerjee has even said that she will not allow this law to be implemented in her state. In such a situation, the question arises that can a state government really stop the law passed by Parliament from being implemented from it? In this article, we will try to find this question answer.

Waqf concurrent list

Law related subjects in India are divided into three categories- central list, state list and concurrent list. Laws can be made in Parliament only on the subjects of the central list and it applies all over the country. In the subjects that come in the state list, the state assembly has the privilege of enacting laws. Both Parliament and Assembly can enact laws on the topics of the concurrent list. Cases related to charitable institutions and donations to them have been placed at number 28 in the concurrent list. Waqf is also a charitable trust. In such a situation, both Parliament and the Legislative Assembly have the right to enact a law related to it.

Law made from Parliament prominence

The states have also been given the right to enact laws on the concurrent list, but their rights are very limited. If Parliament has enacted a law on a subject, then it has been given prominence in the Constitution. Whatever provisions of law made by the state assembly will be separated from the law passed by Parliament, they cannot be implemented.

State governments cannot refuse to implement

Article 256 of the Constitution has a clear provision that no state government can refuse to implement the law passed by Parliament. If a state government does not implement the law passed by Parliament, then the central government has the right to direct the state government under Article 256.

Constitutional crisis to refuse state

If a state government does not consider the instruction given by the central government, then it will be considered a constitutional crisis under Article 365 of the Constitution. In such a situation, the imposition of President’s rule under Article 356 in the state can also be considered.

President’s approval required for separate law

If a state government wants to enact a law apart from the law passed by Parliament, then under Article 254, it will have to get permission from the President for this. The law made from the state assembly cannot be effective without the permission of the President. In such a situation, this claim of Mamta Banerjee seems to be very weak on the test of the Constitution that she will not allow the Waqf Amendment Act to be implemented in West Bengal.

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