The Supreme Court Urged to Halt CAA Implementation Amidst Constitutional Concerns
The Indian Union Muslim League (IUML) and Democratic Youth Federation of India (DYFI) have approached the Supreme Court seeking a halt to the implementation of the Citizenship Amendment Rules 2024, a day after the Central government notified these rules to enforce the contentious Citizenship Amendment Act (CAA) of 2019. IUML, serving as the lead petitioner in a batch of writ petitions challenging the CAA pending in the apex court, filed an interlocutory application urging an immediate stay on the CAA’s implementation.
In its application, IUML argued against the presumption of constitutionality typically afforded to statutes, asserting that the CAA’s manifestly arbitrary nature negates this presumption. Highlighting the Act’s linkage of citizenship to religion and its resultant religious-based classification, IUML contended that the law is prima facie unconstitutional and warrants a stay from the Supreme Court. Moreover, IUML noted the CAA’s 4.5-year dormancy, suggesting that deferring its implementation until the court’s final decision would prevent potential prejudice, particularly for individuals who could face citizenship revocation if the law is deemed unconstitutional.
Emphasizing its support for granting citizenship to migrants while opposing religion-based exclusion, IUML argued that the CAA’s discriminatory nature undermines the Constitution’s secular foundation, a fundamental aspect of its basic structure. IUML proposed a religion-neutral approach to the CAA’s implementation, advocating for citizenship eligibility for all migrants regardless of religious affiliation.
In addition to seeking a stay on the CAA’s implementation, IUML’s plea requested the court to prohibit coercive actions against individuals excluded from the CAA’s purview based on religion under various related acts. Furthermore, IUML sought protection from coercive measures for Muslim individuals deprived of citizenship application opportunities under the rules, pending the court’s adjudication of the writ petitions. IUML also urged the Center to provisionally allow Muslim community members to apply for citizenship and provide a report on their eligibility status.
It’s noteworthy that the writ petitions challenging the CAA were previously listed before the Supreme Court on October 31, 2022, indicating a longstanding legal battle over the contentious legislation.
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