THIRUVANANTHAPURAM: Continuing its fight against the Citizenship Amendment Act, 2019, the state government has decided to move the Supreme Court seeking to cancel provisions under the legislation. The state cabinet on Wednesday tasked the advocate general (AG) with initiating further legal action to challenge the Citizenship Amendment Rules, 2024, which was notified by the Union government on Monday.
This comes even as a suit, filed by the state government against CAA, under Article 131 of the Constitution, is pending with the Supreme Court. The cabinet directed the AG to hold discussions with constitutional experts and take adequate steps in this regard without delay.
The state has been witnessing anti-CAA protests. Furthermore, Chief Minister Pinarayi Vijayan has stated that his government will not implement the legislation. With the general election just weeks away, the issue has given rise to political posturing. While the Left insists that CAA will not be enforced in the state, the Opposition UDF questions the sincerity of the government, which is yet to withdraw cases registered against protesters between 2019 and 2021.
The state government is of the view that CAA violates Articles 14 (right to equality), 21 (right to life) and 25 (freedom to practise religion) of the Constitution. The amendment is unconstitutional and the state will approach the apex court seeking cancellation of the provisions under the Act, said Law Minister P Rajeeve.
“In the original suit filed against the Union government, we had pointed out that the Citizenship Amendment Act should be termed unconstitutional. Similarly, legislation that accompanied the CAA should also be termed unconstitutional. The Union government chose to notify the Citizenship Amendment Rules, 2024, with our petition is still pending before the apex court. The state will seek to cancel the notified rules,” he said.
Since the state has already filed a suit, a decision on how to go about it will be taken after the AG holds consultations with constitutional experts, Rajeeve said. The minister rejected the Opposition’s charge that the government was using the CAA for political gains.
Kerala was the first state to challenge the Citizenship (Amendment) Act, 2019. In August 2020, the state moved the SC under Article 131, which empowers the Supreme Court to hear disputes between the Centre and one or more states. The Kerala assembly had earlier passed a resolution stating the CAA is against secular values enshrined in the Constitution and urged the Centre to repeal the same.
Kerala first in country to challenge CAA
Kerala was the first state to challenge the Citizenship (Amendment) Act, 2019. In August 2020, the state moved the apex court under Article 131, which empowers it to hear disputes between the Centre and one or more states. The Kerala assembly had passed a resolution stating the CAA is against secular values enshrined in the Constitution and urged the Centre to repeal the same
Cong to take on CAA politically and legally
The Congress state leadership has decided to intensify its protest against the implementation of CAA. Inaugurating the dharna in front of the Raj Bhavan on Wednesday, Opposition Leader V D Satheesan said the party would fight the CAA both politically and legally until it is frozen. Congress workers and actors led the dharna raising the slogan, “CAA to the Arabian Sea.” Satheesan said, “Justice should not be denied to anyone as it has been inscribed in our Constitution. Article 14 ensures ‘Equality before Law.’ The CAA is against violation of Article 14. The BJP government is trying to mix religion and politics. It is trying to create communal polarisation in society,” said Satheesan. Thiruvananthapuram and Attingal MPs, Shashi Tharoor and Adoor Prakash, also attended.
Chennithala to approach apex court against CAA
Senior Congress leader Ramesh Chennithala has said that he would approach the Supreme Court seeking the freezing of the Citizenship Amendment Act (CAA). This is the second time that he is approaching the apex court against CAA. The first petition against CAA was filed when he was the Opposition Leader. Chennithala, who held talks with senior Supreme Court lawyer Ramesh Babu, will highlight that religion should not be considered as a factor for granting citizenship. “The CAA is against the Constitution which ensures secularism. It may be recalled that already the international community and several human rights organisations have expressed their strong displeasure against the CAA,” he said,