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"...the act was passed in the year 2019 and the Government in fact waited for 4.5 years to notify the rules. The Government did not consider it as urgent to implement it for past 4.5 years. Therefore, to wait till final decision of this Hon’ble Court would not affect anybody’s rights or interest...", Court has been told.
Indian Union Muslim League has approached the Supreme Court of India seeking a stay on the implementation of the Citizenship Amendment Rules, 2024.
Court has further 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 further stay has been sought on the operation of Section 6B in the Citizenship Amendment Act, 2019, pertaining to grant of citizenship to persons belonging to only certain religions.
The application for directions filed through Advocate Pallavi Pratap states that the Impugned CAA Rules, 2024 create a highly truncated and fast-tracked process for grant of citizenship to persons covered under the exemption created by Section 2(1)(b) of the Citizenship Act, 1955 which is manifestly arbitrary and creates an unfair advantage in favour of a class of persons on the ground solely of their religious identity, which is impermissible under Articles 14 and 15.
Yesterday, 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.
Case Title: Indian Union Muslim League and Ors. vs. Union of India and Ors.
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