The Kerala government led by Pinarayi Vijayan on Tuesday has moved the Supreme Court against the Citizenship Amendment Act (CAA) saying the amended law is against the provisions of Right to Equality granted by the Indian Constitution. The petition was filed under Article 131 and sought the law to be declared unconstitutional and in violation of Article 14, 21 and 25 of the Constitution.
In its petition, the Kerala government has said that the CAA should be declared violative of Articles 14, 21 and 25 of the Constitution and the basic structure of secularism in India.
Article 131 states that the Supreme court is the guardian of the Fundamental Rights guaranteed under Article 14 which states that if there is any kind of violation of the fundamental rights, then one can go directly to the Supreme Court under Article 32 of the Constitution (this being a fundamental right too).
Article 14 promises Right to Equality to all while Article 21 says ‘No person shall be deprived of his life or personal liberty except according to a procedure established by law’. Article 25 says ‘all persons are equally entitled to freedom of conscience’.
With this, the Kerala government is the first state government to move the Supreme Court against the Citizenship Act, to which several states have raised objections. Kerala was also the first state assembly to move a resolution against CAA.
Earlier this month Kerala assembly had passed a resolution demanding the repeal of Citizenship Act. The ruling LDF was supported by Congress-led Opposition alliance UDF. CM Vijayan had written to 11 non-BJP Chief Ministers asking them to take similar steps against the controversial law and pitching for unity to protect democracy and secularism.
Others who earlier approached the apex court on the issue include the Indian Union Muslim League, the second biggest party in the Congress-led United Democratic Front in Kerala, and also Leader of Opposition Ramesh Chennithala.