A petition filed in the Supreme Court on Thursday raised a novel argument against the Citizenship Amendment Act (CAA) of 2019 of opening the nation to foreign aggression and internal disturbances.
It said the Centre, through this Act, had failed in its constitutional duty to protect the country from external aggression and internal disturbance.
The court will hear the CAA challenge on January 22. Under Article 355 of the Constitution, the Centre has a duty to protect the States from external aggression and internal disturbance.
However, the petition filed by Anis Educational and Welfare Trust through advocate Ejaz Maqbool, said the new law allowed massive influx of illegal migrants into the country.
2005 verdict
The Supreme Court had held that massive influx of illegal migrants from neighbouring countries amounts to “external aggression and internal disturbance” in a 2005 judgment in Sarbananda Sonowal versus Union of India.
“By virtue of this Act, the Union has not only violated the constitutional mandate but has in fact devised a procedure to grant citizenship to these illegal migrants, that too in a fast track manner,” the petition said.
The Act facilitates the influx of illegal migrants into India and in fact, retrospectively legitimises illegal entry into the nation by enabling them to apply for Indian citizenship.
The Centre, through this Act, has virtually granted citizenship to illegal migrants in failure of its constitutional obligation under Article 355, the petition said.
Through the Act, the Union has not only legitimised the illegal act of migrants entering India without any valid document, but has enabled them to apply for citizenship, that too by an expedited procedure.
“The Act prevents the Union from preserving the independence of our nation and prevents the Union from providing security against such foreign encroachment and aggression, and on the contrary facilitates such foreign encroachment,” the petition said.
