Religion introduced as condition for citizenship for the first time: plea in SC
The Indian Union Muslim League (IUML) and the Democratic Youth Federation of India (DYFI) have on Tuesday moved the Supreme Court seeking a stay on implementation of the Citizenship (Amendment) Act, 2019 and its rules.
The DYFI, represented by advocate Biju P. Raman and Subhash Chandran KR, sought an early hearing of the case in the apex court. It argued that this was first time religion has been introduced as a reference point or condition for acquisition of Indian citizenship.
The IUML, represented by advocates Haris Beeran and Pallavi Pratap, highlighted how the Centre averted a push for a stay of the implementation of the CAA in the Supreme Court nearly five years ago by arguing that the rules had not been framed.
Now, after fourandhalf years, the IUML, whose petition leads the 250 ones challenging the CAA, said the government had suddenly notified the rules even as the case remained pending in the court.
The rules notified on Monday would now govern the implementation of the CAA at the ground level.
Scrutiny of applications
The rules have done away with the independent and tiered scrutiny of applications of citizenship by District Collectors on the ground, and recommendations of State governments as to the wisdom of granting citizenship to the applicants have been done away with. The Citizenship Rules of 2009 had required the Centre to consult the State governments in the grant of citizenship process.
The CAA Rules, 2024 granted the power of scrutiny to a ‘districtlevel committee’ to verify documents and administer the oath of allegiance. An ‘Empowered Committee’ had been authorised to also scrutinise the citizenship applications, but it was not mandatory, the IUML said.
“There is no scope for the State government to give recommendations or for the Centre to conduct an inquiry about the suitability of the applicant,” it noted.
Besides, the government ought to have waited for a final decision from the court, it said.
“In case the Supreme Court finds CAA unconstitutional, then these people who would have got citizenship would be deprived of it, which would create an anomalous situation,” the application said.
“These persons are already in India and they do not have any threat of being deported or expelled from India. There was no urgency,” it said.
“This is a legislation which is based on the exclusion of religion. It strikes at the concept of secularism, which is the basic structure of Constitution… Let the implementation of the Act be made religionneutral,” it added.
It said the court should freeze the implementation of an Act which were “manifestly arbitrary and glaringly unconstitutional” despite the presumption of constitutionality attached to a statute.
IUML flags how govt. avoided push for stay of the CAA five years ago saying rules had not been framed