The Citizenship (Amendment) Act, 2019 (CAA) has an impact on the foreign policy of a State and by extension affects the security apparatus, hence falling squarely within the domain of Parliament, the Centre told the Supreme Court, in response to the pleas challenging the law.
The Centre also said that even if it considers exercising the power of judicial review, such review would be restrictive and limited considering wider width of legislative policy and legislative wisdom available to the competent legislature.
The government added that legislative policies concerning immigration policy and citizenship, in particular, are entrusted exclusively to elected representatives.
The affidavit filed by the Centre added that equal protection of laws guaranteed by Article 14 of the Constitution does not mean that all laws must be general in character and universal in application and that the legislature no longer has the power of distinguishing and classifying persons or things for the purposes of legislation.
‘PIL CAN’T QUESTION CITIZENSHIP MATTERS’
The SC was informed that matters concerning the sovereign plenary power of Parliament, especially in regard to citizenship, cannot be questioned before the court by way of a public interest petition.
The affidavit added: “….the cardinal principle of locus standi has been diluted by this jurisprudence evolved by this Hon’ble Court only limited fact situations which cannot be extrapolated to include the present constitutional challenge to the legislative measure of the Indian Parliament in the domain of issues concerning citizenship/immigration. It is therefore submitted that the scope of public interest petitions, and the maintainability thereof, especially in matters concerning immigration policy must be decided as question of law by this Hon’ble Court."
Filed through Sumant Singh, Joint Secretary, Ministry of Home Affairs, Government of India, the Centre’s response also submitted that the CAA is a specific amendment which seeks to tackle persecution of minorities on the grounds of religion in specified countries.
“…the 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, the systematic functioning of such States and the perception of fear that may be prevalent amongst minorities as per the de facto situation in the said countries", the affidavit read.
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