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Supreme Court Seeks Centre's Response on Plea to Stay CAA Rules, No Interim Stay
Updated On : March 20, 2024
In a significant legal development, the Supreme Court of India has directed the Central government to respond to a petition seeking a suspension of the Citizenship (Amendment) Rules, 2024. This move momentarily places the Citizenship Amendment Act of 2019 (CAA) under scrutiny, a piece of legislation that has sparked widespread debate and concern.
The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, mandated the government submit its response by April 2nd, with the case set for a subsequent hearing on April 9th.
The petition, initiated by the Indian Union of Muslim League, among others, contests the constitutional validity of the CAA and its recently promulgated rules. Representing the government, Solicitor General Tushar Mehta sought a four-week period to prepare a response, a request challenged by the petitioners' Senior Advocate, Kapil Sibal.
Sibal highlighted the critical nature of the situation, underlining the consequences of implementing the new citizenship rules and questioning the need for immediate implementation nearly four years after the CAA was passed.
In light of the urgency conveyed by Sibal, the bench decided to allow the government two weeks to get its reply. Meanwhile, Senior Advocate Indira Jaising urged an interim suspension of the rules, voicing concerns over the implications of conferring citizenship while the case is still under judicial consideration.
The CAA, enacted in December 2019, is designed to provide citizenship to non-Muslim immigrants from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014. Criticism has been levelled at the Act for excluding Muslims, prompting nationwide protests and legal contests.
The petitioners argue that the CAA infringes upon the constitutional right to equality by discriminating based on religion.
Although the Supreme Court noted these challenges in December 2019, it did not halt the Act, citing the absence of notified rules. The recent formalization of these rules on March 11 has reignited legal efforts to stop the Act and its implementing regulations.
The court is examining approximately 236 petitions related to the CAA and its rules, and the forthcoming decisions could significantly influence the CAA's execution and its impact on India's commitment to secularism and religious equality.
The nation now looks to the Supreme Court, anticipating a verdict that could define the contours of citizenship and religious freedom in India.
Supreme Court Seeks Centre's Response on Plea to Stay CAA Rules, No Interim Stay
March 20, 2024
In a significant legal development, the Supreme Court of India has directed the Central government to respond to a petition seeking a suspension of the Citizenship (Amendment) Rules, 2024. This move momentarily places the Citizenship Amendment Act of 2019 (CAA) under scrutiny, a piece of legislation that has sparked widespread debate and concern.
The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, mandated the government submit its response by April 2nd, with the case set for a subsequent hearing on April 9th.
The petition, initiated by the Indian Union of Muslim League, among others, contests the constitutional validity of the CAA and its recently promulgated rules. Representing the government, Solicitor General Tushar Mehta sought a four-week period to prepare a response, a request challenged by the petitioners' Senior Advocate, Kapil Sibal.
Sibal highlighted the critical nature of the situation, underlining the consequences of implementing the new citizenship rules and questioning the need for immediate implementation nearly four years after the CAA was passed.
In light of the urgency conveyed by Sibal, the bench decided to allow the government two weeks to get its reply. Meanwhile, Senior Advocate Indira Jaising urged an interim suspension of the rules, voicing concerns over the implications of conferring citizenship while the case is still under judicial consideration.
The CAA, enacted in December 2019, is designed to provide citizenship to non-Muslim immigrants from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014. Criticism has been levelled at the Act for excluding Muslims, prompting nationwide protests and legal contests.
The petitioners argue that the CAA infringes upon the constitutional right to equality by discriminating based on religion.
Although the Supreme Court noted these challenges in December 2019, it did not halt the Act, citing the absence of notified rules. The recent formalization of these rules on March 11 has reignited legal efforts to stop the Act and its implementing regulations.
The court is examining approximately 236 petitions related to the CAA and its rules, and the forthcoming decisions could significantly influence the CAA's execution and its impact on India's commitment to secularism and religious equality.
The nation now looks to the Supreme Court, anticipating a verdict that could define the contours of citizenship and religious freedom in India.
