IUML, DYFI seek stay on implementation of citizenship Act, rules
The Indian Union Muslim League (IUML) and the Democratic Youth Federation of India (DYFI) on Tuesday moved the Supreme Court seeking a stay on the implementation of the Citizenship (Amendment) Act, 2019 and its rules.
The DYFI, represented by advocate Biju P. Raman and Subhash Chandran K.R., sought an early hearing of the case. It argued that this was first time religion had 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 Centre had suddenly notified the rules even as the case remained pending in the court.
The rules notified on Monday would govern the implementation of the CAA. 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.
Empowered committee
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.
The Centre ought to have waited for a decision from the court. “In case the court finds CAA unconstitutional, then these people who would have got citizenship would be deprived of it, which would create an anomalous situation…,” 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.