The party stated in the petition that the impugned amendment Act has does satisfy the dual test of Article 14 (1).
Students Federation of India (SFI), student body affiliated to the Communist Party of India (Marxist), on Saturday, filed a petition challenging the constitutional validity of the recently enacted Citizenship Amendment Act 2019, along with the validity of the power of central government to grant class exemption under the Passport Entry Into India Act 1920 and Foreigners Act 1946.
SFI sought Supreme Court's intervention in the petition claiming that students will be the worst sufferers of this "draconian Act" as it attempts to make a distinction between a citizen and non-citizen on the basis of religion.
The students' organisation stated in the petition that the CAA does satisfy the dual test of Article 14 of the Indian Constitution.
The dual test involves -1. test of reasonable classification 2. The object sought to be achieved by this Act has no reasonable nexus with the Act itself.
Article 14 states, "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India". However, the article permits "classification" among people living in India provided that it is "reasonable".
Interestingly, a section of experts on the Indian constitution has argued that classification cannot be done on the basis of the religion.
The students' organisation argued that the students of the country aspire to join in various trade, occupation and professions upon completion of their study in line with Article 19(1)(g) of the Constitution of India. However, It cited that there is a threat of loss to occupational, professional protection due to the NRC, NPR and the other measures undertaken under the Citizenship Amendment Act.
Severe protests have erupted in various parts of the country ever since the central government passed the contentious act, which grants Indian citizenship to refugees belonging to the Hindu, Christian, Sikh, Buddhist, Parsi, and Jain communities from Pakistan, Afghanistan, and Bangladesh.
Several civil society members and activists have stated that the act discriminates against Muslims, a claim which has been refuted by the Centre, which puts that the act will grant long-deserved citizenship to refugees who have faced religious persecution in these neighbouring countries.
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