In a move challenging the Citizenship Amendment Act (CAA), the Kerala government has taken its opposition to the Supreme Court. The state, known for its proactive stance on constitutional matters, has once again raised its voice against what it perceives as a threat to the fundamental principles of equality enshrined in the Indian Constitution.
The CAA, enacted by the central government and implemented on March 11, aims to expedite Indian citizenship for persecuted non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.
However, Kerala's Chief Minister's Office, echoing sentiments shared by the state's Law Minister P Rajeev, vehemently opposes the law, citing concerns over its constitutionality and its potential violation of the Right to Equality.
March 19 marks a crucial date in the legal battle surrounding the CAA, as the Supreme Court is set to hear all pending petitions challenging the law. Kerala's decision to challenge the CAA in court underscores its commitment to upholding constitutional values and principles, even in the face of federal legislation.
The Chief Minister's Office affirmed Kerala's stance, declaring that the state will not implement the CAA within its borders. The government's move to file an original suit under Article 131 of the Constitution demonstrates its resolve to fight what it perceives as an infringement on the rights of individuals irrespective of their religious affiliations.
Kerala's opposition to the CAA is not new. In 2020, it became the first state government to approach the Supreme Court against the legislation, arguing that it undermines the foundational principles of equality and secularism enshrined in the Constitution. Now, with the law in effect and rules being notified by the central government, Kerala is once again gearing up for legal action to challenge its validity.
Law Minister P Rajeev minced no words in expressing Kerala's position, labeling the CAA as "anti-constitutional" and calling for its declaration as "ultra vires" to the Constitution. The state's determination to pursue legal avenues through the Supreme Court, with the advocacy of the advocate general and senior counsel, signifies a robust commitment to defending constitutional ideals.
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