Rajya Sabha Parliamentarian from Rashtriya Janata Dal (RJD), Manoj Kumar Jha, on Tuesday filed a petition before the Supreme Court challenging the newly amended citizenship law.
Jha, in his petition, pleaded to the court to declare provision of the Citizenship Act, 1955, as inserted by the Citizenship (Amendment) Act, 2019 as "unconstitutional and void".
The Act provides citizenship to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who faced religious persecution from Pakistan, Bangladesh, and Afghanistan and arrived in India before December 31, 2014.
The Parliamentarian stated that the Act violates Article 14 and 25 of the Constitution. "Citizenship law defines a country's political and constitutional identity. Laying down rules that determine membership in our political community only on the basis of one's religious belief is a negation of secularism, liberalism, equality and justice," Jha stated in the petition.
By introducing a 'religion test' in India's citizenship law, the Amendment strikes a body blow to the basic structure of India's constitution, specifically its non-denominational character; and is manifestly arbitrary, constitutionally immoral, both in letter and in spirit, the petition stated.
"The Amendment, both in its letter and spirit, is constitutionally immoral and is antithetical to the idea of the Republic of India," it stated.
More than a dozen petitions challenging the legality of Act have already been filed in the apex court.
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