The Kerala government, led by Chief Minister Pinarayi Vijayan, plans to challenge the implementation of the Citizenship Amendment Act (CAA) in the Supreme Court. This decision comes after the central government’s recent notification of CAA rules.
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Thiruvananthapuram: On Wednesday(13th March),The Kerala government, led by Chief Minister Pinarayi Vijayan, has announced its decision to approach the Supreme Court challenging the implementation of the Citizenship Amendment Act (CAA). This decision comes in the wake of the central government’s recent notification of the CAA rules on March 11, which marks the commencement of granting Indian nationality to persecuted non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.
The Chief Minister’s Office (CMO) released a statement highlighting the state’s firm stance against the CAA. The statement conveyed:
“The state has already filed the original suit before the Supreme Court under Article 131 of the Constitution. The state is (now) gearing up for further legal action through the SC as the central government notified the rules under the Citizenship Amendment Act. The stand of the government is that the Citizenship Amendment Act will not be implemented in Kerala.”
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Kerala’s Law Minister, P Rajeev, expressed the government’s concerns regarding the CAA, stating:
“It (CAA) is against the basic principle, fundamental principles of the constitution and we pray to declare this as an anti-constitutional, an ultra vires to the constitution. That was the prayer in the earlier suit. Now we have decided to approach the Supreme Court again. We have delegated our advocate general to interact with our senior counsel in the Supreme Court and take proper action to approach the Supreme Court.”
This is not the first time the Kerala government has taken a stand against the CAA. Back in 2020, Kerala became the first state to challenge the Act in the Supreme Court, arguing that it contradicts the Right to Equality enshrined in the Indian Constitution. The state’s persistent opposition to the CAA is rooted in the belief that the amendment infringes upon Articles 14 (Equality before law), 21 (Protection of life and personal liberty), and 25 (Freedom of conscience) of the Indian Constitution.
The recent cabinet meeting in Kerala, following the central government’s notification, reaffirmed the state’s commitment to continue its legal battle against the CAA. The cabinet has entrusted the Advocate General with the responsibility of following up on this critical issue. The Advocate General, currently in Delhi, has been directed to engage with constitutional experts and take necessary steps to strengthen the state’s legal position.
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The central government’s notification underlines the rules for the implementation of the CAA, aiming to facilitate Indian citizenship for eligible persecuted migrants from the specified minority communities. According to the Home Ministry’s notification:
“These rules, called the Citizenship (Amendment) Rules, 2024 will enable the persons eligible under CAA-2019 to apply for the grant of Indian citizenship. The applications will be submitted in a completely online mode for which a web portal has been provided.”
The Kerala government’s decision to challenge the CAA in the Supreme Court represents a significant moment in India’s constitutional and political landscape. It reflects the ongoing debates and concerns regarding citizenship, national identity, and the protection of fundamental rights within the country.
