Kerala is first state to challenge CAA in SC

Kerala is the first state government challenging the constitutional validity of the Citizenship Amendment Act in the Supreme Court, describing it as a "colourable legislation" violative of basic structure and principle of secularism.

It joins over 60 individuals and organisations challenging the law enacted last month. Their petitions are listed for hearing on January 22 when the Court will also consider the plea to stay the Act. Kerala has sought declaration that CAA was ultra vires of the Constitution. being violative of Article 14 (equality before law), Article 21 (Right to life) and Article 25 (Right to Freedom of Religion) as well as violative of the basic structure.

It has also challenged amendment to the Passport (Entry to India) Amendment Rules, 2015 and Foreigners (Amendment) Order, 2015, contending that they too are ultra vires and unconstitutional in the teeth of Article 14, 21 and 25 of the Constitution.

The state government has contended that the CAA and 2015 and 2016 amendments to the Passport (Entry to India) for the grant of citizenship to Hindus, Sikhs, Parsis, Christians, Buddhists and Jains facing persecution in Afghanistan, Pakistan and Bangladesh are not founded on any rationale principle justifying a separate special treatment. "here is no rationale in not extending the rights conferred to a class of minorities from Pakistan, Afghanistan and Bangladesh to religious minorities belonging to Sri Lanka, Myanmar, Nepal and Bhutan," says the petition.

Saying that the classification of Afghanistan, Pakistan and Bangladesh was without any rationale or standard principles, Kerala has contended that the entire exercise is manifestly arbitrary and violates Article 14 of the Constitution.

The top court had on December 18 sought response from the Centre on a batch of petitions challenging the constitutional validity of the CAA.

The Centre has opposed the stay of the controversial law, contending that the statute under challenge could not be stalled as there was an assumption of constitutionality in favour of the statute passed by Parliament.

The Lok Sabha had passed the Citizenship (Amendment) Bill, 2019, on December 2 and the Rajya Sabha on December 11. The amended law came into force in the wake of a gazette notification last Friday.