CAA Hearing Highlights | SC posts applications seeking stay on CAA Rules, 2024 for hearing on April 9

Supreme Court to hear batch of over 200 petitions challenging constitutionality of CAA rules

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.

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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'.

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More on CAA

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.

Protest at Madras University, in Chennai after centre notified CAA rules.

Solicitor General begins speaking

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.'

SG seeks time

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."

SC to give 'reasonable time' to SG

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

Assam and North East matters were segregated, says a counsel

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.

Notification issued after 4 years, rules have to be notified within 6 months under the law: Kapil Sibal

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

4 weeks for an application for stay is far too much, argues 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 asks SG if steps are being taken to grant citizenship

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.'

The issue is of the constitutionality of the law, argues Indira Jaising

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.

There are serious issues of constitutionality: Kapil Sibal

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!"

SC directs the proceedings to be listed on April 9

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

SG not willing to make a statement, that is why we keep it on April 9: CJI

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

The moment something like this (citizenship) happens, give us the liberty to move here: 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

Bench passes an order appointing separate nodal counsels for petitions relating to States of Assam and Tripura

Advocate Ankit Yadav was appointed for the petitioners' side and Advocate Kanu Agarwal for the respondents.