Kerala govt challenges Citizenship Act in SC

Kerala became the first state to challenge the Citizenship (Amendment) Act (CAA) before the Supreme Court. The plea, filed under Article 131 of the Constitution on disputes between the Centre and states, said the Act violates the right to equality under Article 14 of the Constitution of India, right to life under Article 21, and freedom to practice religion under Article 25.

The Supreme Court has three kinds of jurisdictions:

1. Original
2. Appellate
3. Advisory

About Article 131

• Under its advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution.
• Under its appellate jurisdiction, the Supreme Court hears appeals from lower courts.
• In its extraordinary original jurisdiction, the Supreme Court has exclusive power to adjudicate upon disputes involving elections of the President and the Vice President, those that involve states and the Centre, and cases involving the violation of fundamental rights.
• Under Article 131 of the Constitution, the provision under which the Supreme Court has original jurisdiction to deal with any dispute between
• the Centre and a state
• the Centre and a state on the one side and another state on the other side
• two or more states.
• Article 131 cannot be used to settle political differences between state and central governments headed by different parties.

Background

• The Supreme Court has already filed 60 petitions against the Citizenship Amendment Act and the matter is scheduled to be heard on 22 January.
• This amendment will change the Citizenship Act 1955.
• Under this amendment, citizens of Hindu, Sikh, Buddhist, Jain, Zoroastrian religion coming to India from nearby countries including Bangladesh, Pakistan, Afghanistan will be given citizenship.
• The Citizenship Amendment Bill (CAB) has become a Civil Amendment Act (CAA) after it is passed in Parliament and the President is heard.

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