Kummanam moves SC to trash Kerala govt's plea against CAA

Just days after Kerala Governor Arif Mohammad Khan lashed out at the Pinarayi Vijayan government for challenging the newly amended citizenship law in Supreme Court, BJP leader Kummanam Rajasekharan too got into the fray seeking the dismissal of the state's plea against the controversial legislation.

The former Mizoram Governor has moved the apex court seeking the dismissal of the Kerala government's recent petition against the Citizenship (Amendment) Act (CAA).

Rajasekharan and a Kerala-based activist, Ajikumar, have said in their plea that the state government's application wrongly tries to convey that all people of Kerala are against the new citizenship law, whereas the situation is "totally different". 

The majority of the people of the state support the Act, Rajasekharan claimed.

On January 14, the Kerala government moved the Supreme Court against the Citizenship Amendment Act and sought to declare it as violative of the principles of equality, freedom, and secularism enshrined in the Constitution.

The CPI(M)-led government is the first state government to challenge the act. The Kerala assembly was also the first in the country to pass a resolution against the act.

In its suit filed in the apex court, the Kerala government has sought to declare the Citizenship (Amendment) Act, 2019 violative of Articles 14 (Equality before law), 21 (Right to life and personal liberty) and 25 (Freedom of conscience and free profession, practice, and propagation of religion). 

It said the CAA is also violative of the basic principle of secularism enshrined in the Constitution.

Meanwhile, the cold war between Khan and the Kerala government continues.

"The Governor has been bestowed with specific responsibilities by the Indian Constitution. The Chief Minister cannot function by overriding the Governor,” Khan said while quoting the Governor's oath from the Constitution.

As per the Constitution, the government has to inform the Governor of issues which affect the relationship between the center and state, and between states.

The Governor also said that he will seek a report from the state government for its move against the CAA.

“It is imperative that the Chief Minister informs the Governor of this development before approaching the court,” he said.

Kerala Chief Minister Pinarayi Vijayan had earlier said that the Governor was not above the government. To this Khan had hit back saying Governor was the executive head of the state and the law was above everyone.

(With inputs from agencies)