What is Article 131, under which Kerala has moved SC against the CAA? How does this challenge differ from the other petitions filed against the law? What aspects of India’s federal structure does the case throw up?
On Tuesday, Kerala became the first state to challenge the Citizenship (Amendment) Act(CAA) before the Supreme Court. However, the legal route adopted by the state is different from the 60 petitions already pending before the court. The Kerala government has moved the apex court under Article 131 of the Constitution, the provision under which the Supreme Court has original jurisdiction to deal with any dispute between the Centre and a state; the Centre and a state on the one side and another state on the other side; and two or more states.
On Wednesday, the Chhattisgarh government filed a suit in the Supreme Court under Article 131, challenging the National Investigation Agency (NIA) Act on the ground that it encroaches upon the state’s powers to maintain law and order.
Please click here to read more.