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The Amendment Act and Rules and Orders are discriminatory in so far as it covered only a class of minorities from a class of countries sharing borders with India, Kerala has contended
Kerala has filed an application in the Supreme Court for stay on Citizenship Amendment Rules, notified on March 11, 2024, claiming the state is now compelled to ensure compliance of the law on grant of citizenship, which is unconstitutional.
It said the CAA and rules overlooked Rohingyas in Myanmar and Muslims and Tamils in Sri Lanka, other persecuted religious minorities such as Ahmaddiyas, Shias and Hazaras from Pakistan and Afghanistan and Hindu Madhesis from Terai of Nepal from the treatment being extended to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities.
The state has sought an order staying the operation of Citizenship (Amendment) Act, 2019 and the Citizenship (Amendment) Rules, 2024 during the pendency of its Original Suit filed under Article 131 of the Constitution.
"The Rules, 2024 provide a speedy mechanism of grant of citizenship to the persons who are defined as ‘illegal migrants’ under proviso to Section 2(1)(b) of the Impugned Amendment Act. The implementation of the Rules creates religion and the country of origin of the person, criteria for grant of citizenship, and results in classifications based on religion and based on country, which is discriminatory, arbitrary, unreasonable," the Left Democratic Front government has stated.
Their plea also said the rules notified much after the enactment of the Act, indicated that Union of India is aware that there is no urgency in implementing the provisions of the Act, which itself is a sufficient cause for staying it.
The state, whose Chief Minister reportedly said it would not implement CAA, also cited mandate of Article 256 of the Constitution, by which it "will be compelled to ensure compliance of Impugned Amendment Act and the Rules and Orders, which are manifestly arbitrary, unreasonable, irrational and violative of fundamental rights".
Asaduddin Owaisi, the President of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has also filed an application before the Supreme Court of India seeking a stay on implementation of the Citizenship Amendment Act, 2019 and the Amendment Rules, 2024 till the petitions challenging the Act are disposed of.
CJI Chandrachud had recently agreed to hear the applications filed by Indian Union Muslim League and others seeking a stay on the implementation of the Citizenship Amendment Rules, 2024 on Tuesday, March 19.
By way of these applications, Court has been asked to stay the continued operation of the Impugned provisions of Citizenship Amendment Act, 2019; and Citizenship Amendment Rules 2024, which would result in valuable rights being created and citizenship being granted to persons belonging to only certain religions, thereby resulting in a fait accompli situation.
A few days back the Central government notified the rules to implement CAA.
It is to be noted that that Supreme Court had earlier referred the pleas challenging the Citizenship (Amendment) Act, 2019 to a three-judge bench.
Over 200 petitions that were filed after the introduction of the Amendment Act in 2019, were taken up by the Supreme Court. Notices in the pleas were issued in January 2020, but the matter could not be taken up for hearing.
CAA, which was passed on December 12, 2019, amends Section 2 of the Citizenship Act of 1955 which defines “illegal migrants”. Now, persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from the neighboring countries of Afghanistan, Bangladesh or Pakistan, shall not be treated as “illegal migrants” and shall be eligible to apply for citizenship under the 1955 Act.
Cause Title: State of Kerala vs. Union of India
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