CAA: Supreme Court notice in plea challenging citizenship act

ILNS: The Supreme Court on Monday issued notice in a plea, which was filed to assail the Citizenship (Amendment) Act 2019, as being violative of the various provisions of the Constitution of India, for being violative of basic principle, foundation and structure of the Constitution and preamble of the Constitution.

The bench of Justice S. Abdul Nazeer and Justice Sanjiv Khanna ordered this matter to be tagged along a writ petition, which was filed in 2019 as the Indian Union of Muslim League vs Union Of India.

Petitioner Uttam Kumar Samanta is a resident of West Bengal and president of a social organisation, Bangla o Bangalee. Advocate Chand Qureshi, counsel for the petitioner, alleged in his petition that the CAA 2019, wherein religion is introduced as a condition for the acquiring Indian citizenship for illegal, undocumented, illegitimate, unwanted migrants of Hindu, Sikh, Buddhist, Jain, Parsi and Christian faiths coming from Afghanistan, Bangladesh and Pakistan.

Such classification on the basis of religious identity to undocumented migrants clearly violates Articles 14, 15, 16, 19, 21, 355 of the Constitution, he noted.

“The basic, principles and foundation of democracy and the Constitution have been violated by the Citizenship (Amendment) Act, 2019. Democracy is meant by the people, of the people and for the people and so the same is the basics, principle and foundation of the Constitution,” said Qureshi.

“The government and representative elected by the people of the state/nation or a domain in a democracy can pass order and enact bill/act/law for the interest of people and not for the exclusive interest of the illegal, undocumented, unauthorised, illegitimate and unwanted outsiders that is exclusively against the interest and benefit of the citizens of the state/nation,” he added.

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The plea said, “The government and representative elected by the people of the state/union or a domain in a democracy if undermine the interest and benefit of the native people of the state/nation, but committed to the interest of the illegal, illegitimate and unwanted, undocumented people from outside and refugees and give them priority, privilege, benefit and right exclusively against the interest of the citizen of the State/nation by any act/law/order than that is violation of basic democratic and constitutional foundation, principles and provisions of the country, preamble of the Constitution, basic features, overall Constitution adopted by the people of the nation and their founders.”
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