AIMIM MP Asaduddin Owaisi, Congress MP Prathapan Move SC Against Citizenship Amendment Act, 2019 [Read Petitions]

Lok Sabha MP and All India Majlis-e-Ittehadul Muslimeen President Asaduddin Owaisi on Saturday moved Supreme Court challenging the Constitutional validity of Citizenship Amendment Act on grounds that it pushes forcible conversion, discriminates on ground of religion and illegally divides migrants while urging that the court lift the veil and see the "unholy nexus" between the Act and the National Register of Citizens exercise being carried out in Assam.Congress MP from Thrissur, Kerala T.N. Prathapan also approached the Supreme Court challenging the Act. In his petition filed by advocate M R Shamshad, Owaisi said the Amendment Act fails to clear the test of reasonable classification based on an intelligible differentia as it primarily aims to alter the current Citizenship Act, 1955 to provide for the acquisition of Indian citizenship for a certain category of 'illegal migrants' from only Afghanistan, Pakistan and Bangladesh, who had been granted certain exemptions earlier under the Impugned Notifications. Owaisi says the Act is an affront to the doctrine of Constitutional Morality which, he said, can be traced back to B R Ambedkar speaking during the Constituent Assembly debates wherein he said that "in the name of democracy there must be no tyranny of the majority over the minority" as he challenged the "arbitrary differential treatment of immigrants from only the enumerated religions -- Hinduism, Sikhism, Buddhism, Jainism, Zoroastrianism and Christianity -- from only Aghanishtan, Bangladesh and Pakistan". Act discriminates on basis of religion The MP from Hyderabad who earlier tore the copy of the Amendment Bill in the Lok Sabha said, the present Amendment Act miserably fails on the touchstone of Article 14 and the parameters for non-arbitrariness provided therein.The Act is primarily focused on establishing a religion-based classification which is, in and of itself, an impermissible classification and therefore violative of Articles 14, 21 and 25 of the Indian Constitution. In other words, the criterion laid down in the Act for acquiring citizenship does not meet the test of 'intelligible differentia'. "Any classification based solely or primarily on a religious identity ipso facto violates Article 14 of the Indian Constitution, wherein the legislation effectuates discrimination on the basis of the intrinsic and core identity of the individual i.e. religious identity of the individual. In fact, the Act explicitly discriminates against Muslims. The Act extends the benefit to individuals professing the faiths of Hinduism, Sikhism,Buddhism, Jainism, Zoroastrianism and Christianity but excludes the same benefit to the individuals practising Islam on a specious and unsubstantiated ground that they do not experience persecution in these countries. Since the Act discriminates on the basis of religious identity, it cannot form a reasonable classification based on intelligible differentia," says the petition which also challenges the MHA notification amending the passport rules and the Foreigners Order. He cites the SC observation in Navtej Johar's (decriminalising homosexuality) case and points out that Justice Indu Malhotra had in her concurring opinion held, "Where a legislation discriminates on the basis of an intrinsic and core trait of an individual, it cannot form a reasonable classification based on an intelligible differentia". Illegal classification and sub-classification of illegal migrants The petition further submits that the Amending Act divides "illegal migrants" illegal migrants who came to India after to December 31, 2014; and illegal migrants who came to India prior to December 31, 2014. "While the former is fully excluded, the latter is further sub-divided into-- (a) illegal migrants who have come from Afghanistan, Bangladesh and Pakistan; and(b) illegal migrants who have come from all other countries.While the latter are completely excluded from the benefits granted under the impugned laws, the former are further sub-divided into the following:(a) illegal migrants who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian; and(b) illegal migrants who are Muslim. "Each stage of this classification and sub-classification violates even the classical twin tests of classification under Article 14 evolved by this Hon'ble Court …that (i) there should be a reasonable classification based on intelligible differentia; and that this classification should have a rational nexus with the objective sought to be achieved," says the petition. Owaisi further said that "even an illegal migrant has the right not be deprived of his/her personal liberty except according to procedure established bylaw". "After the coming into force of the Impugned Notifications and the Amendment Act, an illegal migrant who is prosecuted under the Passports (Entry into India) Act, ...

AIMIM MP Asaduddin Owaisi, Congress MP Prathapan Move SC Against Citizenship Amendment Act, 2019 [Read Petitions]

Akanksha Jain

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