Kerala is the first state to challenge CAA in Supreme Court

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By jegan-ravichandran | January 14, 2020

The Kerala government has asked the court to pass a judgement and legal order declaring the CAA violation of Articles 14, 21 and 25 of the Constitution, violation of the basic structure principle of secularism treasured in it.

With that they have become the first state to move the supreme court against the citizenship act. The LDF government led by chief minister pinarayi vijayan has approached to declare CAA unconstitutional.

In their plea to court, the government has asked SC to pass a judgment declaring CAA as violation of Articles 14 (Right to equality), 21 (Right to life and personal liberty), and Article 25 (Freedom of religion) of the Constitution as well as violation of the basic structure of and principles of secularism.

“The same make religion and the country of origin of the person criteria for grant of citizenship and result in classifications based on religion and based on country, both classifications being apparently and manifestly discriminatory, arbitrary, unreasonable and have no rational nexus with the object sought to be achieved”

“It is trite and settled law that a legislation discriminating on the basis of an intrinsic and core trait of an individual cannot form a reasonable classification based on an intelligible different” says in the suit.

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