January 20, 2020
The SFI has sought to declare the CAA “violative” of the Indian Constitution, saying “explicit preference to certain religious groups to the exclusion of others can never, in the Indian constitutional scheme, constitute a valid and reasonable classification meeting the test of Article 14 (equality before law) of the Constitution”.
The Students’ Federation of India (SFI) has moved the Supreme Court challenging The Citizenship (Amendment) Act, calling it discriminatory in nature and is destructive for the core principles of Indian constitutionalism. In its plea, the SFI has sought to declare the CAA “violative” of the Indian Constitution, saying “explicit preference to certain religious groups to the exclusion of others can never, in the Indian constitutional scheme, constitute a valid and reasonable classification meeting the test of Article 14 (equality before law) of the Constitution”.
“Student members of the petitioner (SFI) are immensely disturbed by the enactment of The Citizenship (Amendment) Act, 2019 and view it as being destructive of core principles of Indian constitutionalism,” the plea said.
“The Citizenship (Amendment) Act, 2019 is violative of Article 14 of the Constitution since it discriminates only on the ground of religion, inasmuch as identically situated persons who face persecution in India’s neighbourhood stand excluded from the beneficial embrace of the act only because they do not fall within the six religious communities listed in the Act,” the plea said.
The CAA was notified on January 10 and it grants Indian citizenship to non-Muslim minorities — Hindu, Sikh, Buddhist, Jain, Parsi and Christian~ who migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith. The plea also read that that the Centre, despite being fully aware of the “protests and disaffection among the masses” with the CAA, has categorically and unequivocally reiterated its position and stated that there is no question of repeal or amendment of this statute.
The apex court had fixed January 22 for hearing several anti-CAA petitions, including those filed by the Indian Union Muslim League (IUML) and Congress leader Jairam Ramesh. RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi have also filed pleas against the act. Among the states, Kerala government became the first state to challenge the CAA in the Supreme Court. Other anti-CAA petitioners include the Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs ‘Rihai Manch’ and Citizens Against Hate.