Kerala vs Centre: Other Instances Of States Filing Suit In SC Against CAA

The State of Kerala has challenged the Citizenship (Amendment) Act, 2019, in the Supreme Court by filing a suit under Article 131 of the Constitution. Under Article 131, the Supreme Court has original jurisdiction in deciding disputes between the Centre and State(s).

The Kerala government in its suit has contended that it will be compelled under Article 256 to comply with the CAA and the Rules and Orders which are manifestly arbitrary, unreasonable, irrational and violative of fundamental rights. It has further contended that the CAA be declared void of Articles 14, 21 and 25 of the Constitution.

The suit filed by Advocate G. Prakash and Senior Advocate Jaideep Gupta states the terms of the Amendment, rules and orders as “manifestly arbitrary, unreasonable, irrational and violative of fundamental rights.”

Besides challenging the CAA, the suit also challenges other laws affecting citizenship such as Passport (Entry to India) Amendment Rules 2015 and the Foreigners (Amendment) Order.

The suit invoking Article 131 challenging the constitutionality of the Central law has been filed by the Kerala government in view of the law laid down in State of Jharkhand versus State of Bihar and Another (2015).

The CAA grants Indian citizenship to minorities- Hindu, Sikh, Buddhist, Jain, Parsi and Christian who migrated to India before 2015 from Pakistan, Afghanistan and Bangladesh. The Supreme Court had on 18th December 2019 issued notice to the Centre, on the batch of pleas seeking a stay on the operation of the law as well as on the main petition challenging the constitutional validity of the legislation. The Supreme Court will hear these petitions on 22nd January.