Last Friday, the Supreme Court decided to hear a plea regarding the Citizenship Amendment Rules, 2024, which were notified on March 11, 2024. The hearing is scheduled for today.
237 petitions are listed before a bench led by CJI DY Chandrachud.
The primary petitioner in this case is the Indian Union Muslim League (IUML), which has challenged the legality of the Citizenship (Amendment) Act, 2019 (CAA).
The petitioners have requested the court to halt the implementation of the CAA, 2019, and its associated rules. They argue that allowing the continued operation of these laws would result in certain religious groups being granted citizenship while others are excluded, violating the Constitution.
The CAA aims to grant citizenship to illegal migrants from Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India from Afghanistan, Bangladesh, or Pakistan on or before December 31, 2014.
Assam Chief Minister Himanta Biswa Sarma has claimed that about three-five lakh people will apply for Indian citizenship under the CAA in the state, asserting that the applicants will comprise only those who were excluded from the updated National Register of Citizens (NRC).
Tamil Nadu Chief Minister M K Stalin on Sunday said he believed that the Citizenship (Amendment) Act is only a precursor and the BJP will bring laws in the future to target people 'speaking different languages in each state'.
As we get the latest updates on the apex court's CAA hearing, read more about the act and the reactions its implementation followed here.
Solicitor General (SG) said that the CAA 'does not take citizenship away' and that 'what is done is, those who have migrated...no new person is given, those who entered before 2014.'
Sr Adv Indira Jaising, appearing for the petitioners objected to the Solicitor General speaking first saying that 'it is the right of the petitioner to start first.'
Requesting for more time, SG said, "there are 237 petitions. 20 applications have been filed for stay. I need to file reply. I was seeking time. I need time to collate etc."
In response to the SG's request, CJI D Y Chandrachud said:
Solicitor General wants some time. We will give them some reasonable time.CJI D Y Chandrachud
Another counsel for the petitioners said that Assam and North East matters were segregated,
"The issues in those petitions are different. Here, 6B is contrary to 6A. Also there is the issue of inner line permit", the counsel said.
Making the lead argument, Senior Advocate Kapil Sibal said, "The problem is, the notification was issued after 4 years. Under the law, the rules have to be notified within 6 months. Problem is if somebody gets citizenship, it will be impossible to reverse and petitions will become infructuous."
The problem is, the notification was issued after 4 years. Under the law, the rules have to be notified within 6 months.Sr. Advocate Kapil Sibal
"They have waited for so long, so why should the process the time. 4 weeks for an application for stay is far too much. My request is, immediately after April vacations, they shold come back. There is no great urgency today (to grant citizenship)", he said.
CJI Chandrachud asked the Solicitor General if any steps are being taken to grant citizenshipship.
SG told CJI that their is a 3 tier system where 'it first goes to one committee, thereafter goes to another higher committee, after that goes to Central Govt. Time limit I cannot give, depends on facts.'
To SG's comment that 'none of the petitioners are prejudiced', Jaising responded saying that the issue is the constitutionality of the law' and not this.
Appearing for a Balochi migrant, Sr Adv Ranjit Kumar asked, "If I am given citizenship, how is it affecting them?"
Indira Jaising responded to it saying, "They will get the right to vote!"
The Supreme Court directed the proceedings to be listed on April 9.
Petitioners' counsel requested that no citizenships should be granted in the meantime.
SG refused to make any statement regarding the grant of citizenship.
We direct the proceedings be listed on April 9, 2024.Supreme court
CJI said that the SG is not willing to make a statement and hence the proceedings will be listed on April 9.
"If something happens, we will come...", responds Kapil Sibal.
If something happens, we will come..."Sr. Advocate Kapil Sibal
In view of the petitioners' counsel's request of no citizenship to be granted till April 9, Kapil Sibal asked the bench for liberty to move to court if any such thing happens.
Give us the liberty to move here.Sr. Advocate Kapil Sibal
To his request, CJI told Sibal, "We are here."
We are here.CJI D Y Chandrachud
Advocate Ankit Yadav was appointed for the petitioners' side and Advocate Kanu Agarwal for the respondents.
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