Former Union minister and top advocate P. Chidambaram believes that states’ refusal to accept the Citizenship Amendment Act (CAA) and start the process of National Population Register (NPR) is not a simple case of “rejection of a central law” and the standoff should be seen in the larger context of constitutionality and the prevailing ground reality.

The governments in Bengal and Kerala have formally communicated to the Centre that the NPR exercise should be halted, while almost all Opposition-ruled states have refused to accept the CAA. The Congress Working Committee has also passed a resolution asking the Centre to withdraw the CAA and stop the NPR.

The Centre has dismissed this opposition, asserting that the states are under constitutional obligation to implement laws passed by the Centre.

Asked if the states have the authority to reject a central law, Chidambaram, who has handled the home ministry in the past, told The Telegraph in an interview: “I don’t think it is a case of ‘rejection’ of a central law. The validity of the central law is an issue. A state government could justifiably say ‘let’s wait for the issue of validity to be settled by the Supreme Court’. That would be a legitimate and prudent course to adopt.”

Chidambaram added: “On the NPR, the census commissioner intends to start the exercise on April 1, 2020. A state government would be entitled to take into account the situation in the state, the law and order situation, the availability and willingness of personnel, the financial burden on the state, the measures to overcome resistance from the people, the steps to be taken in the case of ‘unresponsive’ households etc. Each of these is an important issue that has to be resolved before a state government can be compelled to obey the directions of the census commissioner. Let’s see how the census commissioner takes things forward.”

Many people have taken a public vow that they won’t show the papers to the enumerators. This is bound to create a tricky situation and it will be incumbent on the state governments to deal with it. Also, if more than 12-13 big states collectively refuse to cooperate with the Centre, there is bound to be a constitutional crisis. That can also trigger an unprecedented political conflict.

The government of Kerala has also moved the Supreme Court, describing the CAA as unconstitutional. Many other petitions are also there under consideration of the apex court. The other states are in a dilemma despite their stiff opposition to the CAA-NPR as a court ruling in favour of the Centre can significantly weaken the states’ position. No Congress government has so far moved the court.

Asked what would happened if the Supreme Court ruled there is no constitutional problem with the CAA, Chidambaram said: “How can we anticipate what will be the judgement of the Supreme Court? Eminent lawyers and jurists (including former judges) have opined that the CAA is discriminatory and violative of Article 14 of the Constitution as well the basic structure of the Constitution. The grounds raised in the petitions are sound and logical.”

To a question whether the states will have to implement the law if the court declared it perfectly valid, Chidambaram said: “Again, you are presuming that the Supreme Court will uphold the constitutionality of CAA.”

Many Congress leaders fear the political battle on CAA-NPR allows the Narendra Modi government to divert the nation’s attention from the alarming economic crisis.

Asked about the perception that politics on CAA-NRC is going to polarise the society and yield political dividends to the BJP, Chidambaram said: “The CAA is part of the Hindutva agenda of the RSS-BJP. If the CAA had gone through without opposition or protest, it would have indeed polarised society.”

He added: “Fortunately, the CAA has run into stiff opposition, not only from political parties but also from large sections of the people cutting across religion, caste, language and region. I am proud of our youths and students who have risen in revolt against an obnoxious and divisive law. This kind of pan-Indian opposition to CAA gives me hope that we will not allow this issue to polarise the electorate. On the contrary, we could use the anti-CAA (anti-NPR, anti-NRC) protest movement to mobilise people belonging to different religions, languages and castes to vote against the BJP in an election.”