In a recent development, the Supreme Court on Tuesday has directed the Central government to respond to a plea seeking a stay on the Citizenship (Amendment) Rules of 2024. These rules effectively brought into force the contentious Citizenship Amendment Act (CAA) of 2019.
The bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notice to the Centre, asking for its reply by April 2nd.
The Court instructed that the submissions on the stay application should be limited to five pages and scheduled the next hearing on April 9th. Solicitor General Tushar Mehta, representing the Central government, initially requested four weeks to file a response, but Senior Advocate Kapil Sibal, representing the petitioners, opposed the lengthy time frame, highlighting the urgency of the matter.
The petitioners argued against the sudden notification of the rules, questioning the need for such an action nearly four years after the CAA's passage. They expressed concerns over the potential irreversible consequences of granting citizenship under these rules.
Senior Advocate Indira Jaising urged the government to refrain from granting citizenship while the matter is pending before the Court, emphasizing the need for clarity on the issue's constitutionality.
Despite the government's assurance that citizenship granted during this period would not impact the petitioners, the Court deliberated on the urgency of the situation. Senior Advocate Kapil Sibal suggested that they would approach the Court if any adverse events occurred in the interim.
The hearing, which involved around 236 petitions challenging the CAA and the newly notified Rules, shed light on the contentious nature of the legislation. The CAA, passed in December 2019, aims to grant citizenship to specific religious communities from neighboring countries, excluding Muslims.
This exclusion has sparked widespread protests and legal challenges, with opponents arguing that it violates the principle of equality enshrined in the Indian Constitution.
Previously, the Supreme Court had issued notices to the Union of India on challenges against the CAA but had not stayed the law pending further deliberations. However, the recent notification of the Rules effectively put the Act into force, prompting renewed legal action before the Court.
Case: Indian Union of Muslim League and ors vs. Union of India and ors.
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