“Is the Citizenship Amendment Act (CAA) Unconstitutional? Supreme Court Receives 237 Petitions”
Chief Justice of India DY Chandrachud is leading a bench that includes Justice JB Pardiwala and Justice Manoj Misra, who are overseeing the case.
In the midst of controversy surrounding the government’s decision to enforce the Citizenship Amendment Act (CAA) shortly before the Lok Sabha election, the Supreme Court is reviewing a group of 237 petitions contesting the law. Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, is presiding over the case.
The petitioners include the Indian Union Muslim League (IUML), a political party mainly active in Kerala, as well as the Democratic Youth Federation of India (DYFI), Congress leader Jairam Ramesh, Trinamool leader Mahua Moitra, and AIMIM chief Asaduddin Owaisi.
The day following the Centre’s notification of CAA rules, the two organizations approached the Supreme Court, requesting a halt to the law’s implementation. They characterized the CAA as “discriminatory” against the Muslim community.
In 2019, when the Citizenship Amendment Bill passed in Parliament, many petitions were filed against it. However, the court didn’t stop its implementation because the rules hadn’t been announced yet. Senior Advocate Kapil Sibal explained to the court on Friday that there was no need to halt it back then because the rules weren’t in place. Solicitor General Tushar Mehta added that the timing of the rules being announced before the elections didn’t matter.
This law allows migrants from Bangladesh, Pakistan, and Afghanistan who are not Muslims and fleeing religious persecution to apply for Indian citizenship. People belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from these countries, who entered India on or before December 31, 2014, can seek citizenship under the CAA.
The opposition criticized the Narendra Modi government for implementing the law four years after it passed in Parliament. Party leader Jairam Ramesh said the timing seems aimed at stirring up divisions during elections, especially in West Bengal and Assam.
Trinamool Congress chief and Bengal Chief Minister Mamata Banerjee expressed doubts about the legality of CAA and accused it of being a plot to take away citizenship rights. She warned that despite BJP leaders claiming that CAA grants rights, applying for citizenship could lead to being labeled illegal migrants and losing rights, possibly ending up in detention camps. She urged people to consider carefully before applying.
The Centre has dismissed the Opposition’s claims. Home Minister Amit Shah emphasized that the CAA is not unconstitutional and accused the Opposition of spreading falsehoods for political gain. Regarding the timing of the law’s enactment, he stated that the BJP had pledged to introduce the CAA in its 2019 manifesto, aiming to grant Indian citizenship to refugees from Pakistan, Bangladesh, and Afghanistan. The Citizenship (Amendment) Bill was passed in both houses of Parliament in 2019 as part of this commitment. However, its implementation was delayed due to the Covid pandemic.
He also mentioned that the minorities in the country should not worry because the CAA doesn’t include any provision to revoke the rights of any citizen.
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