New Delhi: The Congress-ruled Rajasthan government filed an Original Suit in the Supreme Court under the Constitution’s Article 131, challenging the validity of the Citizenship (Amendment) Act (CAA), as it violates Articles 14 and 21 and also the basic structure on the principle of secularism.
The suit, filed through lawyer D.K. Devesh, urged the apex court to pass a judgment and decree declaring the Citizenship Amendment Act, 2019 (Act 47 of 2019) to be ultra vires the provisions of the Constitution, therefore it should be declared void.
“The Act strikes at the basic structure of the Constitution by affecting the secular character of the country. We, the People, have given to themselves the Constitution. The Union of India, the various States, all function within the bounds of the Constitution. There are certain core values enshrined in our Constitution which constrain the various organs of the State including the Union of India to pass legislation which are in comport with the essential concepts of the Constitution,” it said.
Earlier, Kerala was the first state to challenge the CAA in the Supreme Court. The state’s Assembly was also the first in the country to pass a resolution against the Act. The Kerala government contended there is no rationale in grouping together the three countries — Pakistan, Afghanistan and Bangladesh — for the purpose of the CAA and rules and orders.
The amended law seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to the country from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.
The suit urged the top court to pass a judgement and decree that the Citizenship (Amendment) Act, 2019 is violative of Article 14 (right to equality) and Article 21 (right to life) of the Constitution. “Thus Act 47 of 2019 (CAA) be declared as void under Article 13 of the Constitution,” said the suit.
The suit said under Article 13 of the Constitution, CAA and the Passport Rules Amendments as well as the Foreign Order Amendments infringe fundamental rights guaranteed under Articles 14 and 21 of the Constitution, are void.
Besides, the suit contended the Passport (Entry to India) Amendment Rules, 2015 and Foreigners (Amendment) Order are ultra vires the Constitution and be declared void.
