The CAA had sparked protests in varied elements of the nation in late 2019 and early 2020 over alleged discriminatory provisions.
The Supreme Court on Friday agreed to hear on March 19 the pleas looking for a path to the Centre to stay the implementation of the Citizenship Amendment Rules, 2024 until the apex courtroom has determined the petitions difficult the constitutional validity of the Citizenship (Amendment) Act, 2019.
A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra took notice of the submissions of senior advocate Kapil Sibal, showing for the Indian Union Muslim League (IUML), that after Indian citizenship has been granted to migrant Hindus, it can’t be taken again, and so an early listening to was warranted.
“The CAA was passed in 2019. There were no rules at that time and hence, no stay was granted… Now the government has notified the rules ahead of the Lok Sabha polls. If citizenship is granted, then it will be impossible to reverse. So the interim application may be heard,” Sibal mentioned. Solicitor General Tushar Mehta, showing for the Centre, questioned the locus standi of the petitioners.
“No petitioner has any locus to question the grant of citizenship,” the legislation officer mentioned, including there have been 237 pending petitions in opposition to the CAA and in these 4 interim purposes have been filed looking for a stay on the implementation of the foundations.
“We will hear this on Tuesday. There are 190 plus cases. All of them will be heard. We will place a full batch with the IAs (Interim applications),” the CJI mentioned. IUML, a Kerala based mostly political celebration, and three different petitioners have filed the interim pleas after the Centre carried out the Citizenship (Amendment) Act, 2019 by notifying the foundations 4 years after the contentious legislation was handed by Parliament to fast-track citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who got here to India earlier than December 31, 2014.
The software filed by the IUML has sought the courtroom’s path to guarantee no coercive motion is taken in opposition to individuals belonging to the Muslim group pending adjudication of the writ petitions.
Muslims can not apply for Indian citizenship underneath the CAA. It has urged the apex courtroom to direct the Centre to provisionally allow individuals belonging to the Muslim group additionally to apply for citizenship and submit a report on their entitlement.
The Democratic Youth Federation of India has additionally moved the apex courtroom looking for a stay on the foundations. The IUML has urged the courtroom to stay the “continued operation of the impugned provisions of Citizenship Amendment Act, 2019; and Citizenship Amendment Rules 2024, which would result in valuable rights being created and citizenship being granted to persons belonging to only certain religions, thereby resulting in a fait accompli situation, during the pendency of the present writ petition”.
Seeking a stay on the foundations, the appliance mentioned about 250 petitions difficult the provisions of the CAA have been pending earlier than the highest courtroom. “If in case this court finally decided the CAA as unconstitutional, then these people who would have got citizenship under the impugned Act and rules would have to be deprived of their citizenship or stripped of their citizenship, which would create an anomalous situation,” it mentioned.
“Therefore, it is in the best interest of every person to defer the implementation of CAA and impugned rules till this court finally decides the matter,” the appliance mentioned.
It mentioned the Act was handed in 2019 and the federal government waited for over 4 years to notify the foundations.
“The government did not consider it as urgent to implement it for the past 4.5 years. Therefore, to wait till the final decision of this court would not affect anybody’s rights or interest,” the appliance mentioned.
It mentioned the IUML had in its petition itself said that it was not in opposition to giving citizenship to migrants.
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“However, its position is that this is a legislation which is based on the exclusion of a religion. Since the CAA discriminates on the basis of religion, it strikes at the root of the concept of secularism, which is the basic structure of the Constitution,” it mentioned.
With the revealing of the foundations on March 11, days forward of the announcement of the Lok Sabha elections, the Modi authorities kicked off the method of granting Indian citizenship to persecuted non-Muslim migrants — Hindus, Sikhs, Jains, Buddhists, Parsis and Christians — from Pakistan, Afghanistan and Bangladesh.
The guidelines got here into power with rapid impact, in accordance to a gazette notification. The contentious CAA had sparked protests in varied elements of the nation in late 2019 and early 2020 over alleged discriminatory provisions. While refusing to stay the operation of the legislation, the highest courtroom had on December 18, 2019 issued notices to the Centre on the pleas.
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