Lawstreet Journal

State Of Kerala Against The Union of India: CAA Challenged In SC [Read Petition]

Lawstreet Journal 14 Jan 2020 9:31pm

Image courtesy: Lawstreet Journal Judiciary State Of Kerala Against The Union of India: CAA Challenged In SC [Read Petition]

In an unprecedented move, the State of Kerala had moved the Supreme Court challenging the constitutional validity of a central legislation called the “Citizenship Amendment Act, 2019” (popularly known as CAA) on January 14, 2020. 

The State of Kerala has filed a suit under Article 131 (a) of the Constitution of India, 1949. Article 131 (a) confers on the Supreme Court an original jurisdiction to resolve disputes between the Government of India and one or more States, this dispute can involve questions of law and fact both, on which the existence of a legal right depends. 

It is argued in the petition itself that the validity of the suit filed under Article 131 is maintainable in view of the law laid down in State of Jharkhand v. State of Bihar and Another (2015). And the petitioners are not required to take route of Article 32 or 226. 

Secretary, Ministry of Law and Justice will represent the Union of India in the present suit. 

To give basic idea to the readers, Section 5 of the Citizenship Act, 1955 provides for citizenship by registration. Section 6 provides for citizenship by naturalisation. As per Section 6 read with the Third Schedule given in the act, any person of full age and capacity, if qualified in accordance with the Schedule, can acquire Indian citizenship by naturalisation if, interalia, he is a person who has resided in India or has worked with the Central Government or partly the one and… Continue Reading...

Tagged: Citizenship Amendment Act  
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