CAA Doesn't Affect Indian Citizens; Classification Reasonable & Rational, Centre Tells SC [Read Counter Affidavit]

Stating that the Citizenship Amendment Act 2019 is a "benign piece of legislation" which does not affect the "legal, democratic or secular rights" of any of the Indian Citizens, the Central Government on Tuesday filed a "preliminary counter affidavit" in the Supreme Court in response to the petitions filed challenging the constitutional validity of the Act.The 130-page affidavit filed in response to the petition filed by Indian Union Muslim League has one-by-one responded to each of the grounds of constitutional violation urged by the petitioners.At the outset, it states that the CAA seeks to provide a relaxation in the nature of amnesty to specified communities with a clear cut-off date."CAA is a specific amendment which seeks to tackle a specific problem prevalent in the specified countries i.e. persecution on the ground of religion in light of the undisputable theocratic constitutional position in the specified countries..:, states the affidavit."The CAA does not impinge upon any existing right that may have existed prior to the enactment of the amendment and further, in no manner whatsoever, seeks to affect the legal, democratic or secular rights of any of the Indian citizens", says the affidavit sworn to by Mr B C Joshi, Director, Ministry of Home Affairs.On contention that CAA is violative of Article 14The Centre asserts that the two-tier classification made by the Act for selection of communities and selection of countries pass the test of reasonable classification under Article 14. The third tier of classification made to exclude "Inner Line Permit" areas from the CAA is also reasonable, the affidavit states.Historic records are cited in the affidavit to state that minorities in the countries of Pakistan, Afghanistan and Bangladesh have been facing persecution for long. India represents the sole rational and logically feasible place to seek shelter for the said communities."It is further submitted that unlike the particular neighbouring countries, India is a constitutionally secular country and further has a large population of persons belonging to the classified communities already residing as Indian citizens. It is therefore submitted that the said classification is logically complete and made as a legislative policy strictly in light of prevailing geo-political and other allied reasons which would not be justiciable.In totality of the above mentioned factors, it is submitted that the first tier of classification is just, fair and reasonable and has a reasonable nexus with the object sought to be achieved by the Act", the plea states.As regards the selection of countries, it is stated that Pakistan, Bangladesh and Afghanistan form a "class in themselves". The theocratic nature of these states which have adopted Islam as state religion, their history of military rules and civil wars are highlighted."It is submitted that the intelligible differentia in the three countries is in fact, enshrined in their respective Constitutions, their geographical locations and systematic functioning of their organs of State". "It is submitted that the classification of foreigners into categories and the selection of theocratic states with a state religion is a reasonable and rational classification and so does not, on the authority of this Hon‟ble Court‟s previous decisions, offend Article 14".On exclusion of countries and communitiesWith respect to the petitioners' contentions based on exclusion of other persecuted groups such as Ahamadis, Shias, Bahaiis, Hazras, Jews, Atheists or Baloch communities , the affidavit states that "intra-religious persecutions or sectarian persecution or persecution due to non-recognition of particular sects to be within the fold of majority religion in the said countries, cannot be equated with the persecution of religious minorities admittedly following and practicing a different and completely distinct religion than the majority religion in particular neighbouring countries".It is also stated that inclusion of one particular country in the list and non-inclusion of other(s) cannot be subject-matter of judicial review as the same is in the domain of legislative decision making and the legislative wisdom. "The classification of particular neighbouring countries is directly relatable to the foreign policy of the nation and cannot be questioned on the ground of under-inclusivenes".On secularismThe Centre asserts that CAA does not affect the secular character of Indian constitution and does not affect any one's right to freedom of religion."It is submitted that the merely because religion is the starting point of any classification [and not the sole basis of classification], would not imply such classification falls foul of the principles of secularism. It is submitted that the Indian secularism is not irreligious rather it takes cognizance of all religions and promote comity and brotherhood between all. It is further submitted that across subjects, the Indian Parliament and State...

CAA Doesn't Affect Indian Citizens; Classification Reasonable & Rational, Centre Tells SC [Read Counter Affidavit]

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