Kerala Government’s decision to Challenge CAA under article 131 before Supreme Court.

Politics in India is never a low key affair.

Citizenship Amendment Act has become a law by which persecuted minorities from three neighbouring countries shall get citizenship after in naturalization period of 6 years instead of normal 12 years.

The Kerala government which is a communist and islamist combine had passed a resolution in the state assembly calling upon the union government to withdraw the aforesaid law. It was a vane act targeted at vote banks. If the resolution had to be no legal effect, why was it passed after so much fan fair?

Now the same Kerala government has approached the Supreme Court under article 131 challenging the citizenship Amendment Act. But it’s roadblocks are hard to surmount. Article 131 of the Constitution is as under:

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Why Citizenship Amendment Bill is required?

What is the Amendment?

The Citizenship (Amendment) Bill 2019, seeks to give Indian nationality to non-Muslim refugees from Pakistan, Bangladesh and Afghanistan. The bill was passed in the Lower House yesterday by 411 votes in favour. there were 80 votes opposing the bill.

The Bill seeks to amend the procedure for grant of citizenship for Hindu, Sikh, Parsi, Buddhist and Christian immigrants from Pakistan, Afghanistan and Bangladesh, who have lived in India without documentation. They will be granted fast-track Indian citizenship in six years, relaxing present requirement of 12 years of residence as eligibility requirement for naturalisation.

Why the amendment is required?

Bill seeks to regularise about half a million of asylum seekers who are living in India for decades. It does nothing for those who are still accross the border.

It does not legalize illegal migrants who sneaked into India through porus borders from Bangladesh and Pakistan. It also exclude Rohingyas of Myanmar.

The reason for this provision is in history.

The forgotten speech of Jinnah:

Please read the following extract of Jinnah’s speech delivered on 11 August 1947:

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