MHA's order on citizenship only for legal migrants, not related to CAA: Govt tells Supreme Court

The Centre has opposed before the Supreme Court a plea questioning validity of the May 28, 2021 order, which was related to granting citizenship to "legal migrants" and had "no relation whatsoever with the Citizenship Amendment Act, 2019".

"The existing law and procedure for acquiring citizenship of India is in no way sought to be amended through the notification," the Ministry of Home Affairs said.

The Ministry filed an affidavit in response to an application filed by the Indian Union Muslim League for a stay on the May 28 order, in view of the pendency of a batch of petitions challenging the validity of the CAA, 2019. The IUML called the notification illegal as it allowed certain districts to grant citizenship to non-Muslim refugees from Afghanistan, Bangladesh and Pakistan.

Read | Non-Muslim refugees can now apply for citizenship: GoI

The government, for its part, maintained that the said notification, issued on several representations, including those from current Rajasthan Chief Minister Ashok Gehlot in 2004 and 2009, does not provide for any relaxations to the foreigners and applies only to those who have entered the country legally with valid passports and visas.

"The notification is concerning the mere delegation of power vested with the central government. It has no relation whatsoever with the CAA," the government said, contending it was inconceivable how the present application could be filed in the pending matter.

It further said similar notifications were issued on December 23, 2016, October 23, 2018, February 28, 2004, February 22, 2005, and July 12, 2006, regarding delegation of power to district collectors to grant citizenship.

Also read: IUML approaches SC for stay on MHA order allowing citizenship to non-Muslims

With the notification, the power to grant citizenship was delegated to the Collectors of 13 more districts i.e. Morbi, Rajkot, Patan and Vadodara in Gujarat, Jalore, Udaipur, Pali, Barmer and Sirohi in Rajasthan, Durg and Balodabazar in Chhattisgarh, Faridabad in Haryana and Jalandhar in Punjab and to the Home Secretaries of two more States i.e. Haryana and Punjab.

"Therefore, now District Collectors of 29 districts and Home Secretaries of nine States will exercise powers of the Central government to grant citizenship to the specified category of foreigners," it said.

The top court is scheduled to take up the matter on Tuesday.