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Second Indian state challenges CAA in top court

  • Published at 03:34 pm March 17th, 2020
India CAA Protest Tamil Nadu Muslim March
File photo: A demonstrator holds a placard during a protest organized by various Muslim organizations and opposition parties against India's new citizenship law, in Chennai on February 19, 2020 AFP

The state government filed its suit under Article 131 of the Constitution

The government of northern Indian state of Rajasthan on Monday challenged the validity of the Citizenship Amendment Act (CAA) in the country’s top court saying that it violated the “principle of secularism” and fundamental rights to equality and life, Scroll.in reported. 

Rajasthan became the second state after Kerala, a state on India's tropical Malabar Coast, to challenge the new citizenship law that sparked massive protests across the nation.

“Pass a judgement and decree that the Citizenship [Amendment] Act, 2019 is violative of Article 14 [right to equality] and Article 21 [right to life] of the Constitution of India as well as violative of basic structure principle of secularism,” the petition stated, according to PTI. 

“Thus Act 47 of 2019 [Citizenship Amendment Act] be declared as void under Article 13 of the Constitution.”

Rajasthan government’s petition added that if a legislation discriminated on the basis of religion, it “cannot be termed as a reasonable classification based on an intelligible differentia”. 

The state government filed its suit under Article 131 of the Constitution, according to which the Supreme Court has original jurisdiction to the exclusion of other courts in cases between states and federal government or between states.

Left-ruled Kerala filed the anti-citizenship plea in the Supreme Court on January 14. 

Congress-ruled Rajasthan had passed a resolution against the CAA in January, the third state to do so after Kerala and Punjab. Later West Bengal and Telangana also passed resolutions to withdraw the controversial citizenship law.

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