Indian Union Muslim League Moves Top Court Seeking Stay on Citizenship Amendment Rules, 2024 Implementation

Indian Union Muslim League Moves Top Court Seeking Stay on Citizenship Amendment Rules, 2024 Implementation

The Indian Union Muslim League has filed a petition with the Supreme Court of India, requesting a temporary stay on the enforcement of the Citizenship Amendment Rules, 2024.

The court has also been urged to suspend the ongoing enforcement of the contentious provisions within the Citizenship Amendment Act of 2019, as well as the Citizenship Amendment Rules of 2024. These provisions are seen as creating preferential treatment and conferring citizenship solely based on certain religious affiliations, potentially leading to an irreversible situation.

Additionally, a request has been made to temporarily suspend the implementation of Section 6B within the Citizenship Amendment Act of 2019, which specifically deals with the granting of citizenship to individuals based solely on specific religious affiliations.

The application for directives, presented by Advocate Pallavi Pratap, argues that the contested Citizenship Amendment Act Rules of 2024 establish an expedited and limited process for conferring citizenship upon individuals falling within the exemptions outlined in Section 2(1)(b) of the Citizenship Act, 1955.

This expedited process is deemed unjustifiably arbitrary and provides an unfair advantage to a specific group solely based on their religious identity. Such preferential treatment based on religious grounds is considered unconstitutional under Articles 14 and 15 of the Indian Constitution.

Yesterday, the Central government officially announced the rules for the implementation of the Citizenship (Amendment) Act, 2019 (CAA).

The Supreme Court had previously directed the pleas challenging the Citizenship (Amendment) Act, 2019, to be referred to a three-judge bench for further consideration.

The Supreme Court has addressed over 200 petitions filed subsequent to the introduction of the Amendment Act in 2019. Notices regarding these petitions were issued in January 2020; however, the court has yet to schedule a hearing for the matter.

The Citizenship Amendment Act (CAA), passed on December 12, 2019, modifies Section 2 of the Citizenship Act of 1955, which defines the category of "illegal migrants". As per the CAA, individuals belonging to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan are no longer classified as "illegal migrants" and are entitled to apply for citizenship under the provisions of the 1955 Act.

Case Title: Indian Union Muslim League and Ors. vs. Union of India and Ors.

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