State Of Rajasthan Files Suit In SC Challenging Citizenship Amendment Act 2019

Following the State of Kerala, the State of Rajasthan has now filed an Original Suit in the Supreme Court under Article 131 of the Constitution challenging the constitutional validity of the Citizenship Amendment Act 2019.

The suit filed by the Congress-ruled State seeks a decree declaring that the CAA is ultra vires the Constitution for being violative of Articles 14 and 21 and also the basic structure of the Constitution for negating the principle of secularism.

Apart from the CAA, the suit also challenges the Passport (Entry into India) Amendment Rules 2015, and Foreigners (Amendment) Order 2015, which granted protection to refugees belonging to the Hindu, Sikh, Jain, Buddhism, Parsi or Christian religions who entered India from Pakistan, Afghanistan or Bangladesh before December 31, 2014 from coercive steps in relation to illegal entry to India.

The challenge is primarily on the ground that the exclusion of Muslims from the refugee protection granted by CAA and the the Passport (Entry into India) Amendment Rules 2015, and Foreigners (Amendment) Order 2015 is solely based on the criteria of religion and is hence unreasonable and discriminatory.  

It is contended that the classification of migrants and countries in the CAA is not based on any "intelligible differentia" and that the same has no "rational nexus" with the purported purpose of the Act. 

The Left-front ruled government of Kerala filed the anti-CAA suit in SC on January 14.

As many as 140 petitions have been filed in the Supreme Court by various individuals and organizations challenging the Act. On January 22, the bench headed by CJI Bobde had granted four weeks time to the Centre to file reply to the pleas.

The United Nations High Commissioner of Human Rights has intervened in the matter, submitting its views on CAA in the context of international obligations of India under ICCPR and other international treaties.