AMN / New Delhi
The Welfare Part of India, WPI has filed a writ petition in Supreme Court challenging the controversial Citizenship (Amendment) Act, 2019 CAA seeking direction from the Apex court to strike it down.
▪The petitioner National President of WPI, Dr. S. Q. R. Ilyas has sought abrogation of Citizenship ( Amendment) Act 2019, saying it is anti-constitutional & discriminatory.
▪ The petitioner claimed that in section 2b of the Citizenship (Amendment) Act, 2019 following provision includes Hindus Sikhs, Buddhists, Jains, Parsis and Christians as citizens on the basis of religion and naturalization under section 6B of Citizenship ( Amendment) Act excluding the Muslims and claimed it to be challenging the Article 14 of the constitution.
▪The Petitioner added that Article 15 forbids class legislation. This classification in the Act is unreasonable and hence violets the constitution as the state cannot discriminate Citizens based on religion.
▪ The Petitioner claimed that the Hindu migrants who were excluded from NRC list published on 31st August 2019 would be entitled to get the benefit of naturalization under section 6B of the Act. However Muslim emigrants on the equal footings with Hindu emigrants are denied the same which is highly arbitrary and discriminatory.
▪The Petitioner claimed that the Citizenship ( Amendment) Act 2019 violets Assam Accord 1985 and is a threat to the ethnicity of the indigenous people.
▪The Petitioner alleged that the Govt of India announced pan India NRC and in case the people fail to prove their citizenship due to lack of documentary evidence such citizens would be excluded, However Hindus, Sikhs, Buddhists, Jains, and Christians would be entitled to get citizeny under section 6B of the Act, but Muslims would be denied thereby it stands as gross violation of Article 14 and 15 of the constitution.
▪The petitioner claimed that India is a secular country and no religion gets preference over the other. All religions and religious communities are equal and claimed the CAA Act is anti Secular.
▪The Petitioner claimed that the CAA Act also violates Article 15 of the universal declaration of human rights( UDHR), which guarantees every citizen the right to nationality and that no one shall be arbitrarily deprived of his/her nationality or right to change his/her nationality and India is a signatory to UDHR.
▪The Petitioner prayed that the CAA Act violets article 51 of the constitution which maintains just and the honourable relationship between nations.
And hence this CAA Act which is recently passed in both houses of the parliament is ultra vires and acts beyond one’s legal power and authority must be struck down.