State Is Now Compelled To Comply With Unconstitutional CAA: Kerala Files Application Seeking Stay On CAA In Its 2020 Suit Before Apex Court

The State of Kerala has filed an application under Order 39 Rules 1 and 2 of the CPC in its Suit filed in the year 2020 seeking an ad interim injunction restraining the Centre from implementing the Citizenship (Amendment) Act, 2019 (CAA) during the pendency of the Original Suit. It has also sought a stay on the operation of the CAA and the Citizenship (Amendment) Rules, 2024.

The State has contended in its application that it is now compelled to ensure compliance of the CAA and the Rules which are according to it unconstitutional. "It is submitted that with the coming to force of the CAA Rules, the persons who are became entitled for citizenship as per the impugned Act will apply for citizenship and the plaintiff State is now compelled to ensure compliance of Impugned Amendment Act and the Rules and Orders, which, it is submitted, are unconstitutional", says the State in its application.

In the Interlocutory Application filed by AoR C.K.Sasi, it is also stated that the CAA Rules notified much after the enactment of the Act, nearly more than 5 years, indicates that the Centre is aware that there is no urgency in implementing the provisions of the Act.

"It is submitted that the fact that the defendant itself has no urgency in the implementation of the Impugned Act itself is a sufficient cause for staying the Rules", the State adds.

As per the State, the implementation of the Rules creates religion and the country of origin of the person, criteria for grant of citizenship, results in classifications based on religion and based on country, which is discriminatory, arbitrary and unreasonable.

In December, 2019, the Kerala Legislative Assembly unanimously requested the Union of India to abrogate the CAA. The Original Suit is filed under Article 131 of the Constitution "as there exists a dispute, involving questions of law and fact, between the Plaintiff State of Kerala and the defendant Union of India, regarding the enforcement of legal rights as a State and as well for the enforcement of the fundamental, statutory constitutional and other legal rights of the inhabitants of the State of Kerala", as per the application.

It is stated in the application that the Supreme Court by an order dated January 29, 2020 issued summons to the Union but that it has not filed any Written Statement in the Suit till date.

By an order dated September 12, 2022 the Apex Court had directed that the Suit be listed along with other connected cases challenging the constitutional validity of Citizenship (Amendment) Act, 2019.

Cause Title: State of Kerala v. Union of India (Original Suit No. 2 of 2020)