2020 – Posted in: Daily News – Tags: article 131, article 14, article 21, article 25, constitution of india, kerala

Kerala Challenged CAA

For: Preliminary & Mains

Topics covered:

The ground of Challange, Violation of constitution

News Flash

Kerala became the first state to move the Supreme Court challenging the Citizenship (Amendment) Act, 2019.

Ground of Challange

The plea filed under Article 131 of the Constitution on disputes between the Centre and states.
The CAA violates the right to equality under Article 14 of the Constitution of India, right to life under Article 21, and freedom to practice religion under Article 25.
Kerala government in its petition has also sought directions to declare the Passport (Entry to India) Amendment Rules, 2015, and Foreigners (Amendment) Order, 2015, to be “ultra vires the Constitution of India and to be void”.
The petitioner has claimed that the amendments to the passport rules and the foreign order results in classifications based on religion.
The petitioner has sought directions from the Supreme Court for the Act and rules to be declared violative of the Constitution and basic structure of secularism in India.

Chhattisgarh has challenged the National Investigation Agency Act (NIA Act).

Punjab has also decided to challenge the CAA.

Article 131

Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute

(a) between the Government of India and one or more States; or

(b) between the Government of India and any State or States on one side and one or more other States on the other; or

(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagements, and or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute

Article 14

Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 21

Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to the procedure established by law.

Article 25

Freedom of conscience and free profession, practice and propagation of religion

Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion
Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

Source: The Hindu