The Kerala government moved the Supreme Court to challenge the Citizenship Amendment Act and sought to declare it as violative of the principles of equality, freedom and secularism enshrined in the Constitution.
The CPI(M)-led Kerala government is the first state to do so. The Kerala assembly was also the first in the country to pass a resolution against the act on December 31.
In its suit, the Kerala government has sought to declare that the Citizenship (Amendment) Act, 2019 is violative of Articles 14 (Equality before law), 21 (Right to life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion). It said the CAA is also violative of the basic principle of secularism enshrined in the Constitution.
“Such grouping is not founded on any rational principle justifying a separate special treatment for the irrationally chosen class of religious minorities facing persecution on the basis of religion therein,” it said. Besides, the plea states that the Passport (Entry to India) Amendment Rules, 2015 and Foreigners (Amendment) Order are in violation of the Constitution and should be declared void.
It said the CAA, the amended Passport Rules and Foreign Order are class legislations harping on the religious identity of an individual, thereby contravening the principles of secularism, which has been recognised by the court as a basic structure of the Constitution.
The suit claimed that these amendments make religion and a person's country of origin a criteria for citizenship and result in classifications based on religion and country, which are discriminatory, arbitrary, unreasonable and have no rational nexus with the object sought to be achieved.
On December 18, 2019, the top court had issued a notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA's legality.
The apex court fixed January 22 for hearing 59 anti-CAA petitions, including those filed by the Indian Union Muslim League and Congress leader Jairam Ramesh. RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi have also filed pleas against the act. Other anti-CAA petitioners include the Jamiat Ulama-i-Hind, All Assam Students Union, Peace Party, CPI, NGOs ‘Rihai Manch’ and Citizens Against Hate. Several law students have also approached the apex court.
The CPI(M)-led Kerala government is the first state to do so. The Kerala assembly was also the first in the country to pass a resolution against the act on December 31.
In its suit, the Kerala government has sought to declare that the Citizenship (Amendment) Act, 2019 is violative of Articles 14 (Equality before law), 21 (Right to life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion). It said the CAA is also violative of the basic principle of secularism enshrined in the Constitution.
“Such grouping is not founded on any rational principle justifying a separate special treatment for the irrationally chosen class of religious minorities facing persecution on the basis of religion therein,” it said. Besides, the plea states that the Passport (Entry to India) Amendment Rules, 2015 and Foreigners (Amendment) Order are in violation of the Constitution and should be declared void.
It said the CAA, the amended Passport Rules and Foreign Order are class legislations harping on the religious identity of an individual, thereby contravening the principles of secularism, which has been recognised by the court as a basic structure of the Constitution.
The suit claimed that these amendments make religion and a person's country of origin a criteria for citizenship and result in classifications based on religion and country, which are discriminatory, arbitrary, unreasonable and have no rational nexus with the object sought to be achieved.
On December 18, 2019, the top court had issued a notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA's legality.
The apex court fixed January 22 for hearing 59 anti-CAA petitions, including those filed by the Indian Union Muslim League and Congress leader Jairam Ramesh. RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi have also filed pleas against the act. Other anti-CAA petitioners include the Jamiat Ulama-i-Hind, All Assam Students Union, Peace Party, CPI, NGOs ‘Rihai Manch’ and Citizens Against Hate. Several law students have also approached the apex court.
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