In strong response to the Centre on Sunday after Union Home Minister Amnit Shah said the Uniform Civil Code (UCC) would be implemented in Jharkhand, Chief Minister Hemant Soren stated that neither the UCC nor the National Register of Citizens (NRC) would be allowed in the state. The Jharkhand CM emphasised that the state would adhere only to the Chotanagpur Tenancy (CNT) and Santhal Pargana Tenancy (SPT) Acts to protect tribal culture, land, and rights.
"Neither the UCC nor the NRC will be implemented here. Jharkhand will rely solely on the Chotanagpur Tenancy and Santhal Pargana Tenancy Acts. These people (the BJP) are spewing venom and do not care about tribals, natives, Dalits, or backward communities," Soren said.
Earlier on Sunday, Amit Shah asserted that although the UCC would be implemented, it would be ensured that tribal rights were not affected.
Can the state refuse laws framed by Centre?
No, states in general are required to implement laws frammed by the Central goverment. As per the Article 256 of the Constitution, all states are obligated to implement laws passed by Parliament.
As per the Article 355 of the Constitution, if a state doesn't implement a law, the Centre can issue a warning to the state. Moreover, Article 356 of the COnstution says if the state ignores the warning, the Centre can impose President's rule.
However, states can pass resolutions against central laws, but these resolutions are not legally binding. And n few cases, the Parliament may repeal laws or the government may not bring a law into force for several years after it has been passed.
Former Secretary-General of Lok Sabha PDT Achary also stated on the same line saying states don't have any other option but to implement the law passed by Parliament. He said if there is any grievances by the state, they can always approach the Supreme Court if they feel that there is any violation of the fundamental rights of its citizens in any way.
