Kerala becomes first state to challenge CAA in apex court

THE CAA, KERALA ARGUED, MAKES RELIGION AND COUNTRY OF ORIGIN OF THE PERSON THE CRITERIA, WHICH RESULTS IN DISCRIMINATION

NEW DELHI: Kerala has become the first state in the country to mount a legal challenge to the controversial Citizenship (Amendment) Act, 2019, or CAA, after it approached the Supreme Court by way of a suit under Article 131 of the Constitution.

The article empowers the Supreme Court to hear disputes between the central government and states.

CAA, which was passed on December 12, 2019, amends Section 2 of the Citizenship Act, 1955, which defines “illegal migrants” by adding a proviso to Section 2 (1)(b). As per this new proviso, any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan, and who has been exempted by the central government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, shall not be treated as “illegal migrant”. Consequently, such persons shall be eligible to apply for citizenship under the 1955 act.

The exclusion of Muslim community from the proviso has led to widespread protests across the country, as has the linking of citizenship with religion. There have also been protests against a proposed all-india National Register of Citizens (NRC) and the potential problems in the two working in combination. At least 60 petitions were filed in the Supreme Court challenging CAA over the past month, and they are likely to be heard on January 22.