Lok Sabha MP and AIMIM president Asaduddin Owaisi on Saturday moved the Supreme Court challenging the new citizenship law and earlier government notifications amending the Passport Act and Foreigners Order, stating that these were “ultra vires Article 14, Article 21, Article 25 and the basic structure of the Constitution of India, and offend the principle of constitutional morality”.
Owaisi in his plea recalled that B R Ambedkar had said that “there is one other thing which is very necessary in the working of Democracy, and it is this, that in the name of democracy there must be no tyranny of the majority over the minority”.
The plea added that it is this idea of “constitutional morality, now firmly entrenched into our constitutional jurisprudence… that is sought to be offended by the Impugned Notifications and the Citizenship Amendment Act, 2019, which welcome immigrants into the territory of India selectively on the basis of their religion, and pointedly exclude Muslims”.
He said that “in these times of absolute majorities in Parliament, this Court, as the sentinel of our Constitution, has a burden higher than ever before to satisfy its conscience that the impugned actions of the government and of Parliament are in keeping with this ‘guiding spirit’ and ‘soul’ of our Constitution embodied by the principle of constitutional morality”.
PTI adds: Senior Congress leaders of Assam filed a petition in the Supreme Court challenging the amended citizenship law on Saturday, a party spokesperson said in Guwahati. In their petition, Leader of Opposition in Assam Assembly Debabrata Saikia, Barpeta MP Abdul Khaleque and Mariani MLA Rupjyoti Kurmi highlighted the “blatant attempt to nullify the sanctity of Assam Accord, alleged contradictions in the Act with the provisions of Article 14 and 21 of the Constitution of India”.