In a notable shift, the Rajasthan government has opted to refrain from challenging the controversial Citizenship Amendment Act (CAA) in the Supreme Court. This significant decision came to light with the submission of a petition by the Bhajanlal administration, seeking to withdraw the challenge initially put forth by the Gehlot government.
The prayer petition presented in the Supreme Court by the Rajasthan government outlines that, due to altered circumstances, the administration no longer wishes to contest the CAA. The state government has formally requested permission from the court to retract the petition. Representing the state government in this matter, the additional advocate general of Rajasthan, Shivmangal Sharma, played a pivotal role in articulating the stance.
This development emerges against the backdrop of the Ministry of Home Affairs' issuance of a notification on March 11, implementing the CAA across the nation. The CAA, which secured passage in the Lok Sabha on December 10, 2019, and in the Rajya Sabha the following day, attained formalization as an Act with Presidential assent on December 12, 2019.
Previously, the Gehlot government had initiated a legal challenge against the CAA in the Supreme Court in 2020, seeking a cessation to its implementation. This action formed part of a broader opposition by various state governments and social organizations against the CAA, which aims to provide citizenship to non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan.
Legal experts, including retired district judge Mahendra Kumar Sharma, have elucidated that citizenship falls under the Union List, empowering Parliament through Article 11 of the Constitution to enact amendments in this realm. Consequently, the law holds binding authority over all state governments. While they retain the option to challenge it, they cannot outrightly refuse its implementation.
The decision by the Rajasthan government not to pursue legal recourse against the CAA reflects a strategic reevaluation of priorities amidst evolving circumstances.
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