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Kerala govt moves Supreme Court against CAA, calls it unconstitutional

The Kerala government on Tuesday approached the Supreme Court against the recently enacted Citizenship Amendment Act (CAA) seeking it to be declared unconstitutional and in violation of Article 14, 21, and 25 of the Constitution.

Led by Chief Minister Pinarayi Vijayan, this is the first time that a state government has asked the top court to intervene in the matter, which triggered protests in several parts of the country since it came into being. Kerala was also the first state to move a resolution in the assembly against CAA.

The petition was filed under Article 131 of the constitution claiming that the amended legislation goes against the provisions of Right to Equality granted by the Indian Constitution.

The apex court is already hearing more than 60 petitions against CAA.

On December 31, the state government had passed a resolution against the act, asking the Narendra Modi led Centre to withdraw the new legislation that has triggered nationwide protests. Moved by Chief Minister Pinarayi Vijayan, the resolution was supported by all the MLAs except BJP’s O Rajagopal.

The CM, who accused the BJP of dividing the country on communal lines, had said, “Kerala has a long history of secularism. Greeks, Romans, Arabs everyone reached our land. Christian and Muslim religions reached Kerala in the very beginning itself. Our assembly needs to keep the tradition alive. Our tradition is of inclusiveness. Our assembly needs to keep the tradition alive.”

CM Vijayan had also written to 11 non-BJP chief minister to unite against the CAA and take similar steps in their respective states.