Former Mizoram Governor and Kerala BJP leader Kummanam Rajasekharan, on Friday moved the Supreme Court against the Pinarayi Vijayan government which challenged the constitutional validity of the Citizenship Amendment Act (CAA) in the apex court.
The plea sought to know where is the legal dispute between the Union and the state as Kerala government filed the suit under Article 131 of the Constitution which says that the Supreme court is the guardian of the Fundamental Rights guaranteed under Article 14 which states that if there is any violation, then one can go directly to the Supreme Court under Article 32 of the Constitution (this being a fundamental right too).
“When a State is filing litigation before the top court it means that the entire people of that State is before the court. Here the situation is totally different. Majority of the people of the State are supporting the Act”, said the plea.
Rajasekharan emphasised that even the Governor of the state was not consulted before public funds were unnecessarily used for this litigation.
“The Governor of the state has openly declared that he is favour of the Act and that it is perfectly constitutional”, said the plea.
Rajasekharan sought impleadment in the suit, and insisted that the matter is only a political dispute and no rights of any inhabitants of Kerala were violated. The plea contended that the members of the Kerala Legislative Assembly have not sought the mandate of the people of Kerala by projecting the issues in the Act.
The plea urged the apex court, “Pass an order realising the cost incurred by the State in filing this original suit from the ministers of the cabinet of the Kerala including the Chief Minister.”
