Wednesday, June 16, 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

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Serum Institute of India all set to manufacture Novavax’s COVID-19 vaccine Covovax, trial data demonstrates 90.4 overall efficacy

Adar Poonawalla, the CEO of SII, plans to launch Novavax's Covovax in India by September contingent upon the regulatory approvals

Kerala-based Maktoob Media gives a bizarre spin to Ghaziabad story, claims Aadil accused of beating the Muslim man was actually ‘rescuing’ him

Kerala based Maktoob Media peddles another fake news on Loni incident, claims accused Adil was rescuing Abdul Samad Saifi

Congress leader spreads vaccine hesitancy again, this time claims newborn calves are slaughtered for their serum. Here is the truth

Covaxin does not contain newborn calf serum. It was used for development of cells to replicate Covid-19 virus in lab to produce vaccine.

Virtual hearing embarrassment: Congress leader Abhishek Manu Singhvi caught attending the court proceedings without pants

Abhishek Manu Singhvi was caught attending court proceedings in boxer shorts when one of the screens accidentally fell off and showed the naked legs of the senior advocate

The Quint withdraws its cartoon defaming ‘Jai Shri Ram’ chant after Ghaziabad ‘hate crime’ turns out to be fake

TheQuint in an attempt to further its Hinduphobic propaganda published a cartoon featuring two completely unrelated incidents and parroted Zubair's baseless claims.

What happened in UP was illustrative of Twitter’s arbitrariness in fighting fake news: RS Prasad hits out on Twitter after it loses its safety...

While talking about the safe harbour provision of Twitter, Ravi Shankar Prasad said it has failed to comply with the Intermediary Guidelines

Recently Popular

Salman Khan’s ‘Radhe – Your Most Wanted Bhai’ earns Rs 17,792 over three days from two theatres in Maharashtra: Details

Citing low occupancy, the theatres screening Salman Khan starrer Radhe: Your Most Wanted Bhai have reduced number of its daily shows

As Yogi Sarkar lodges FIR against Twitter, 8 others, Alt News co-founder Zubair deletes fake hate crime video: Details

The UP Govt has initiated action against Twitter for failing to take down tweets that spread misinformation about a crime in the state.

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

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

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'

British Pakistani rapper Frenzo Harami spews venom on Hindus. Here is what we know about him

Pakistan-born British rapper, who used to sell drugs before becoming a rapper, spoke the language of terrorists, used Gaumutra jibe
- Advertisement -

 

Connect with us

255,564FansLike
553,642FollowersFollow
24,400SubscribersSubscribe