“This court’s job is to determine validity of a law and not declare it as constitutional”, Bobde said
New Delhi| On Thursday following the violence happening across the nation on the Citizenship Amendment Act, Chief Justice of India SA Bobde, said the “country is going through critical times”. A petition has been filed to declare the citizenship law “constitutional” adding to this Bobde said such petitions “don’t help”.
Lawyer Vineet Dhanda has filed a petition in Supreme Court to declare the Citizenship Amendment Act (CAA) constitutional. Following the violence happening in Universities the lawyer also demanded stern action against “activists, students, media houses spreading false rumours” on the law.
CJI SA Bobde refuse an urgent hearing. The Supreme Court said it would hear the petition only after violence stopped.
Chief Justice Bobde said, “How can we declare that an Act passed by the Parliament is constitutional? There is always a presumption of constitutionality. If you had been a student of law at some point time, you should know”.
Three judge bench includes justices BR Gavai and Surya Kant said, “This court’s job is to determine validity of a law and not declare it as constitutional”.
Following the nationwide protest against CAA and NRC, Justice Bobde said, “The country is going through critical times. The endeavour should be for peace. Such petitions don’t help”.
“As such, there is so much of violence,” the judges added.
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The petitioner had also asked the court to direct the centre to clarify that the Act is not against the spirit of the constitution and is in no sense against any citizen of India.
Protests happens on a daily basis across the nation. Universities and students are especially protesting against the Act. The centre says the citizenship law will help non-Muslim minorities from three Muslim dominated countries Pakistan, Afghanistan and Bangladesh to become Indian citizens easily if they fled to India before 2014 because of religious persecution. But critics fear the CAA discriminates against Muslims and violates the secular principles of the constitution.
Over 60 petitions on the law mostly challenging its validity have been filed in the Supreme Court.
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