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Kerala govt. challenges CAA in SC
Why in news?
- Kerala became the 1st State to join citizens across the country to challenge the constitutionality of Citizenship Amendment Act (CAA), 2019 in SC, which fast-tracks grant of citizenship on the basis of religion.
More in news
- The State has approached the Supreme Court nearly 15 days after the Assembly unanimously requested the Centre to abrogate the law.
- Plea Filed under Article 131:
(1) Kerala government filed its challenge to the Citizenship (Amendment) Act, 2019, under Article 131 of the Constitution.
(2) Original Jurisdiction of SC under Article 131:
(a) The SC has “original” jurisdiction in disputes between States or the Centre and State(s) and it allows SC to directly take cognisance of such a dispute.
- Plea Mentioned:
(1) Compliance by States: Kerala would be compelled under Article 256 to comply with the CAA, which was “manifestly arbitrary, unreasonable, irrational and violative of fundamental rights”.
(2) Article 256(Obligation of States and the Union): The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the GoI to be necessary for that purpose
(3) Dispute exists between Kerala and GoI: There exists a dispute, involving questions of law and fact, between the State of Kerala and the Union of India, regarding the enforcement of legal rights as a State and as well for the enforcement of the fundamental, statutory constitutional and other legal rights of the inhabitants of the State of Kerala.
(4) Besides the CAA, the suit also challenges other laws that affect citizenship.
- Conflicting judgments from SC: whether a State can file an original suit under Article 131 to challenge the constitutionality of a central law:
(1) First judgment reported in 2012: State of Madhya Pradesh vs Union of India — held that States cannot challenge a Central law under Article 131.
(2) Second judgment reprote in 2015: State of Jharkhand vs State of Bihar — took the opposite view in 2015 and referred the question of law to a larger Bench of the Supreme Court for final determination.
- Centre Can Object: The Centre may object to the maintainability of the Kerala suit when it comes up for hearing.
Sources
The Hindu