The Supreme Court has agreed to hear a batch of pleas seeking a stay on the recently notified Citizenship Amendment Rules on Tuesday, March 19, amidst ongoing legal challenges surrounding the controversial Citizenship Amendment Act, 2019.
The Indian Union Muslim League (IUML) and several other petitioners moved the apex court after the Union government notified the rules, filing interlocutory stay applications in their pending writ petitions. The Citizenship Amendment Rules were issued to enforce the contentious Citizenship Amendment Act, which has been the subject of numerous litigations.
Senior Advocate Kapil Sibal, representing the IUML, urged an urgent hearing before a bench led by Chief Justice DY Chandrachud, citing concerns over the act’s implementation just ahead of the Lok Sabha elections. Solicitor General Tushar Mehta countered, stating that none of the petitioners had the locus to question the grant of citizenship.
Chief Justice Chandrachud agreed to list not only the IUML’s application but all other pleas seeking a stay of the Citizenship Amendment Rules 2024 for hearing on Tuesday. He clarified that the entire batch comprising 237 petitions would be heard alongside the latest interlocutory applications.
IUML’s Arguments:
The IUML, represented by Advocate Adeel Ahmed, sought an immediate stay on the implementation of the CAA, contending that linking citizenship to religion is prima facie unconstitutional. The party argued that the act’s religious classification undermines India’s secular ethos enshrined in the Constitution.
In its application filed on March 12, the IUML highlighted the act’s exclusion of certain religious groups as unconstitutional and urged the court to defer its implementation until a final decision is reached. It cautioned that individuals granted citizenship under the act may face repercussions if the law is later deemed unconstitutional.
Additionally, the IUML requested the Supreme Court to prevent coercive action against individuals excluded from the CAA on religious grounds and grant provisional permission for Muslim community members to apply for citizenship pending the court’s decision.
Background:
The legal battle stems from the controversial Citizenship Amendment Act 2019, aimed at expediting Indian citizenship for non-Muslim migrants from neighboring countries. The act has faced widespread protests and legal challenges due to its religious-based classification, leading to over 200 writ petitions in the Supreme Court.
The government maintains that the act does not affect the citizenship of any Indian citizen, but critics argue that its exclusion of certain religious groups contradicts India’s secular principles.
On March 11, the government notified the rules to implement the Citizenship Amendment Act and establish committees at the state or union territory level to process applications under the act, triggering a flurry of legal challenges.
In a related development, the Union Ministry of Home Affairs released FAQs stating that Indian Muslims need not produce any documents to prove their citizenship under the CAA, emphasizing that the act does not affect their citizenship status.