Former Mizoram Governor K Rajasekharan on Friday contended before the Supreme Court that the CPM-led Kerala government filed an original suit against the validity of the Citizenship (Amendment) Act, 2019, without explaining how the change in law affected legal rights of the state and its inhabitants.
The applicant, former state BJP president, cited the Supreme Court's judgement in State of Karnataka Vs Union of India (1978) to assert that the dispute must involve a question relating to a legal right and not a political fight.
In an intervention application, he said, “It is highly reprehensible on the part of the state Cabinet to force the secretary to Government to file this original suit before this court against the Act spending huge amount from the public exchequer without ascertaining the majority will.”
He asked the court to ensure that the “entire expense involved in this misadventure has to be realised from the members of cabinet the State of Kerala including the Chief Minister.”
It seemed that the cabinet took a decision to file the original suit on behalf of the State of Kerala even without consulting the executive head of the State as Governor Arif Mohammed Khan has openly declared that he was in its favour and that it was perfectly constitutional.
Claiming the CAA was also violative of the basic structure principle of secularism enshrined in the Constitution, besides being “manifestly arbitrary, unreasonable, and irrational and violative of the fundamental rights”, Kerala filed the suit before the top court to declare it as unconstitutional, otherwise, it would be compelled under Article 256 of the Constitution to ensure compliance of the law, rules and orders made under it. Kerala Assembly also passed a resolution for the abrogation of the law, already challenged before the court by activists, sitting MPs, among others.
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