Tuesday, June 15, 2021
Home Opinions By filing suit against CAA, Communists in Kerala have ensured that they will be...

By filing suit against CAA, Communists in Kerala have ensured that they will be remembered for opposing justice for persecuted minorities

The arguments against the constitutionality of the CAA are not convincing enough. However, it is going to be interesting to see what the Supreme Court decided in this Kerala v. Union dispute.

Govt of the state of Kerala has filed a suit against the Union of India challenging the constitutional validity of the Citizenship Amendment Act 2019 (CAA), Passport (Entry to India) Amendment Rules 2015 and Foreigner order 2015. The suit is filed under Article 131 of the constitution which provides for original jurisdiction of the Supreme court. Under this Article, the Supreme Court is empowered to decide disputes between the Union govt and state govts or between two or more states. Both the impugned Act and Rules are challenged on the ground that they violate article 14,21 and 25 of Indian constitution and are violative of the principle of secularism which is a basic feature of the constitution.

Such an original suit can be filed by a state against the Union if there is a dispute between the two which involves any question of fact or law on which existence or extent of a legal right depends.

Kerala is the first state to have filed a suit against the CAA. No other state has challenged the said Act in any court of law yet. Kerala state assembly had earlier passed a resolution against the CAA. Such resolution has no force as the state assembly has no right to deny enforcement of a law passed by parliament. Citizenship being a subject in the Union list, the parliament of India is absolutely competent to make laws on the same. All states are bound by any laws made by parliament and have to take all necessary steps for enforcement of such law. There are reports that Kerala CM Pinarayee Vijayan has written to all the non-BJP chief ministers urging them to take similar steps against the CAA.

The arguments against the constitutionality of the CAA are not convincing enough. However, it is going to be interesting to see what the Supreme Court decided in this Kerala v. Union dispute.

Pinarayee Vijayan hails from the Communist Party of India (Marxist). Communists have had a bloody history all over the world. From Stalin to Mao and to Naxalites in India, the followers of this ideology have always tried to seize power using violence and persecuting those who have different opinions. Even today, several RSS karyakartas have had to lose their lives only because they did not believe in communism and they had their own ideology. So, it is naïve of us to expect that a Communist govt would ever support a law doing justice to persecuted minorities. By filing this suit challenging CAA and by painting this law as anti-Muslim, the Kerala govt has resorted to Muslim appeasement and divisive politics. Whatever the outcome of this litigation may be, Pinarayee Vijayan needs to know that the whole nation is watching and is going to remember how the Communist party did not stand in solidarity with the nation in doing justice to the persecuted minorities from our neighbouring countries.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Shriya Gune
Advocate. Currently practising in the Bombay High Court at Mumbai.

Related Articles

Trending now

How Alt News cofounder Mohammed Zubair communalised a petty quarrel and tried to defame ‘Jai Shri Ram’

It must be pointed out that the video of the assault does not contain any audio, which can verify the claim that Saifi was coerced into chanting 'Jai Shri Ram' or 'Ram Ram'

PM CARES Fund: DRDO to set up 850 oxygen plants across the country

Government of India has ordered DRDO to setup 850 oxygen plants across country under PM CARES Fund

Swami Avdheshanand Giri condemns misinformation over Ram Mandir transactions, Trust Gen Sec too rebuts accusations: Here’s what they said

Swami Avdheshanand Giri has issued a statement assuring that Ram Mandir transactions are authentic and transparent.

BBC apologises for its coverage of footballer Eriksen’s collapse, it is time they apologise for their grotesque reportage on India’s Covid outbreak too

The western media outlets, including BBC, ought to apologise India for perpetrating racism with their egregious coverage of country's COVID-19 pandemic and linking it with morbid images of burning funeral pyres.

Rahul Gandhi joins in spreading lies about a ‘scam’ by Ram Mandir trust: Here are the facts in 10 simple points

On the 13th of June 2021, Aam Aadmi Party took to Twitter to level grave allegations against the Ram Janmabhoomi Teerth Kshetra.

Islamic NGO with possible terror links raised almost 150 crores to ‘Help India Breath’ amid pandemic, little of it was actually sent

Dubious NGOs with links to terrorist organizations and Pakistani army collected funds on the name of relief to India amid Covid pandemic

Recently Popular

Here is the truth about the land deal by Ram Janmabhoomi Teerth Kshetra and how the allegations by likes of AAP are baseless

Shri Ram Janmabhoomi Teerth Kshetra and its head Champat Rai bought an additional piece of land for the purposes of additional construction to facilitate pilgrims who would be travelling to Ayodhya

Kamal R Khan calls Mika Singh ‘anpadh gawar sooar’ after the singer released a diss track titled ‘KRK Kutta’: Here is how the feud...

The feud between KRK and Mika Singh descends to calling each other ‘dogs’ and ‘pigs’, here how it unfolded

Young billionaire Nikhil Kamath’s account closed by Chess.com as he admits cheating in charity game to defeat Vishwanathan Anand

Nikhil Kamath created quite the flutter recently after he apparently defeated Vishwanathan Anand in a game of chess.

Nikhil Kamath disregarded Viswanathan Anand’s request to not use his name in public communication after cheating, says grandmaster’s wife

Zerodha co-founder Nikhil Kamath recently apologised for using unfair means to defeat Chess grandmaster Vishwanathan Anand

Rohingyas settled all over UP with forged Aadhaar, voter IDs, fresh arrests reveal they are getting financial aid too: Report

ADG informed that the Rohingyas have settled in every assembly constituency with forged voter ID cards.

Vishwanathan Anand expresses disappointment after Indian billionaire admits to cheating to defeat him: Here’s what he said

Vishwanathan Anand has issued a statement after Nikhil Kamath cheated to win a game against him at a charity event.
- Advertisement -

 

Connect with us

255,564FansLike
553,107FollowersFollow
24,300SubscribersSubscribe