CAA impacts foreign policy, cannot be judicially reviewed: Centre tells Supreme Court
Central government has further submitted that the constitutionality of such a legislative measure as CAA ought to be tested within the legislative domain and cannot be conflated to extend beyond that object.
In its response to the pleas challenging the Citizenship (Amendment) Act, 2019 (CAA), the Central Government has informed the Supreme Court that the legislation has an impact on the foreign policy of a State and by extension, affects the security apparatus of the State and would fall squarely within the domain of the Parliament.
Furthermore, the Top Court has been told that even if it considers exercising its power of judicial review, such review would be very restrictive and limited considering wider width of legislative policy and legislative wisdom available to the competent legislature.
Centre has added that legislative policies, concerning immigration policy and citizenship, in particular, are designedly entrusted exclusively to elected representatives [to be carried out as per the procedure of legislation established by law].
The affidavit filed by Centre adds that equal protection of the 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.
Court has also been informed that that matters concerning the sovereign plenary power of the Parliament, especially in regard to citizenship and the contours thereof, cannot be questioned before this Hon’ble Court by way of a public interest petition. In this regard the affidavit adds,
"....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 submits that CAA is a specific amendment which seeks to tackle persecution of the minorities on the ground 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 reads.