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Communist Party of India Marxist-led by Chief Minister Pinarayi Vijayan Kerala became the first state to challenge the Citizenship (Amendment) Act, 2019 in the Supreme Court and sought that it be declared as violative of the basic structure — principle of equality, freedom and secularism.
The Kerala assembly was also the first in the country to pass a resolution against the Act.
The CAA, which was notified on January 10, grants Indian citizenship to non-Muslim minorities — Hindu, Sikh, Buddhist, Jain, Parsi and Christian — who migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.
The Kerala government has said in its suit that there is no rationale in grouping together the three countries — Pakistan, Afghanistan and Bangladesh — for the purpose of the CAA and rules and orders.
“Such grouping is not founded on any rationale principle justifying a separate special treatment for the irrationally chosen class of religious minorities facing persecution on the basis of religion therein,” it said.
The Kerala government has sought from the apex court that the Citizenship (Amendment) Act, 2019 be declared as violative of Articles 14 (Equality before law), 21 (Right to life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion).
It also said that CAA is violative of the basic principle of secularism enshrined in the Constitution.
Besides, the plea has stated that the Passport (Entry to India) Amendment Rules, 2015 and Foreigners (Amendment) Order are ultra vires the Constitution and be declared void.
