Today, the Supreme Court announced its decision to consider a series of petitions requesting a halt to the recently implemented Citizenship Amendment Rules. The hearing for these pleas is scheduled for Tuesday, March 19.

Several petitioners, including the Indian Union Muslim League, approached the apex court following the notification of the rules by the union government. They filed interlocutory stay applications as part of their pending writ petitions. These Citizenship Amendment Rules were introduced by the Centre to implement the contentious Citizenship Amendment Act, 2019, which is currently under scrutiny in various ongoing legal battles.

Today, Senior Advocate Kapil Sibal brought up IUML's applications before a bench headed by Chief Justice DY Chandrachud, urging for an expedited hearing. The senior counsel contended that the Citizenship Amendment Act was enacted in 2019 without accompanying rules, leading to the court withholding a stay. However, with the recent notification of rules preceding the Lok Sabha elections, granting citizenship could become irreversible. Hence, he requested that the interim application be considered for a hearing.

"So far as listing is concerned, I have nothing to say. It may be listed. Apropos what my learned friend has said, none of the petitioners has any locus to question the grant of citizenship," Solicitor General Tushar Mehta told the court.

Following this concise discussion, Chief Justice Chandrachud concurred to schedule not only IUML's application but also all other petitions seeking a stay on the Citizenship Amendment Rules 2024 for a hearing on Tuesday. He further clarified that the entire batch, totaling 237 petitions, would be included in the listing, along with the most recent interlocutory applications.

Advocate Pallavi Pratap, representing the IUML, has filed a plea for an immediate stay on the implementation of the Citizenship Amendment Act (CAA). The argument presented contests the act's association of citizenship with religion, labeling it as 'prima facie unconstitutional'.

In its application filed on March 12, the IUML contended that the Citizenship Amendment Act (CAA), by introducing a classification solely predicated on religion, undermines the foundational principle of secularism enshrined in the Indian Constitution. The party underscored that while it does not oppose the granting of citizenship to migrants, it strongly opposes any form of exclusion based on religion.

The IUML highlighted that since the Citizenship Amendment Act (CAA) had remained unimplemented for four and a half years, postponing its implementation until the court reaches a final decision would not result in any prejudice. However, the party cautioned that individuals granted citizenship under the act might face the risk of losing it if the law is subsequently deemed unconstitutional.

Additionally, the IUML petitioned the Supreme Court to instruct the central government to refrain from taking coercive measures against individuals excluded from the Citizenship Amendment Act (CAA) on religious grounds. Furthermore, it sought interim authorization for members of the Muslim community to submit applications for citizenship while awaiting the court's final decision.

Case Details

Indian Union of Muslim League & Ors. v. Union of India & Ors. | Writ Petition (Civil) No. 1470 of 2019