SC asks Centre to respond within 3 weeks to pleas seeking stay of Citizenship (Amendment) Rules, 2024
The Supreme Court on Tuesday took a significant step in response to pleas seeking a stay on the Citizenship Amendment Act (CAA), 2019, and Citizen Amendment Rules, 2024.
FollowThe Supreme Court on Tuesday instructed the Centre to respond within three weeks to requests for a stay on the implementation of the Citizenship (Amendment) Rules, 2024. Chief Justice D Y Chandrachud-led bench scheduled the matter for further hearing on April 9.
Solicitor General Tushar Mehta, representing the Centre, requested four weeks to file a reply to the 20 applications. These applications seek a halt on the Rules until the apex court resolves the petitions contesting the constitutional validity of the Citizenship (Amendment) Act, 2019.
"It (CAA) does not take away citizenship of any person," Mehta told the bench, also comprising Justices J B Pardiwala and Manoj Misra.
On March 11, the Centre cleared the path for the enforcement of the Citizenship (Amendment) Act, 2019, by issuing the corresponding rules, marking four years since the controversial law's passage by Parliament.
Following the notification of the Citizenship Amendment Act (CAA) rules by the Centre, a coalition of petitioners, including the Indian Union Muslim League (IUML), a political entity predominantly active in Kerala, and the Democratic Youth Federation of India (DYFI), along with prominent figures such as Congress leader Jairam Ramesh, Trinamool leader Mahua Moitra, and AIMIM chief Asaduddin Owaisi, filed a plea with the Supreme Court.
Their petition sought a temporary suspension of the law's implementation, citing concerns over its perceived discriminatory impact on the Muslim community.
In 2019, when the Citizenship Amendment Bill was passed by Parliament, several petitions were filed against it. However, the court did not halt its implementation as the rules had not yet been notified.
During the recent proceedings, Senior Advocate Kapil Sibal clarified to the court that the lack of notification prevented any consideration of a pause at that time. Solicitor General Tushar Mehta supported this stance, dismissing the relevance of the timing of rule notification before elections.
The Citizenship Amendment Act grants Indian citizenship to non-Muslim migrants fleeing religious persecution from Bangladesh, Pakistan, and Afghanistan, provided they belong to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities and entered India on or before December 31, 2014.
Despite its passage through Parliament four years ago, the Narendra Modi government's timing of implementing the law has drawn criticism from the Opposition.
The move is "evidently designed to polarise the elections, especially in West Bengal and Assam", party leader Jairam Ramesh has said.
Trinamool Congress chief and Bengal Chief Minister Mamata Banerjee has said she doubts the legality of CAA and alleged a conspiracy to "snatch citizenship rights". "BJP leaders say CAA gives you rights. But the moment you apply for citizenship, you become illegal migrants and you will lose your rights. You will lose rights and be taken to detention camps. Please think before you apply," she said.Â
Dismissing the Opposition's accusations, the Centre has vehemently refuted claims of the Citizenship Amendment Act (CAA) being "unconstitutional." Home Minister Amit Shah, emphasizing the legality of the CAA, has accused the Opposition of engaging in what he terms the "politics of lies."
On the timing of the law's implementation, he said, "BJP made it clear in its 2019 manifesto that it will bring CAA and provide Indian citizenship to refugees (from Pakistan, Bangladesh and Afghanistan). BJP has a clear agenda and under that promise, the Citizenship (Amendment) Bill was passed in both houses of Parliament in 2019. It got delayed due to Covid."
Amit Shah added that minorities of the country "need not be afraid because CAA has no provision to take back the rights of any citizen".
