The Indian Union Muslim League (IUML) and Democratic Youth Federation of India (DYFI) moved the highest courtroom searching for a keep on the implementation of Citizenship Modification Act (CAA).
The IUML has filed an utility in pending petition for keep of implementation of the Citizenship Modification Act (CAA). The Centre had earlier opposed the keep on implementation saying that the legislation is not going to be instantly carried out as guidelines will not be framed but, the IUML mentioned.
The petitioners have instructed the apex courtroom that they’d filed a writ petition towards the CAA on the day it acquired the President’s assent in December 2019. Following which the courtroom issued discover to the Centre searching for its response. The Centre had then instructed the highest courtroom that since guidelines haven’t been made, implementation is not going to happen. The writ petition has been pending for 4.5 years.
The petition says that the CAA Guidelines, 2024 create a extremely truncated and fast-tracked course of for grant of citizenship to individuals lined beneath the exemption created by Sections 2 (1)(b) of Citizenship Act.
It additional states that because the CAA discriminates on the premise of faith, it strikes on the root of the idea of secularism, which is the fundamental construction of Structure. “Due to this fact, a technique of taking a look at implementation of the act could be to make it faith impartial and provides citizenship to all migrants regardless of their spiritual standing.”
The petition urges the Supreme Courtroom to cross an order staying the implementation of the CAA guidelines 2024 until the writ petition is pending within the prime courtroom.
It has additionally urged the highest courtroom to remain the operation of part 6B in CAA 2019 pertaining to grant of citizenship to individuals belonging to solely sure religions.
The Ministry of House Affairs (MHA) on Monday formally notified the implementation of the CAA, paving the best way for fast-tracking citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan. Below the provisions of the CAA, Indian citizenship will probably be granted to 6 minority communities – Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis – who arrived in India earlier than December 31, 2014, from these three neighboring international locations.
Following the official notification, Union House Minister Amit Shah took to X and mentioned, “The Modi authorities in the present day notified the Citizenship (Modification) Guidelines, 2024. These guidelines will now allow minorities persecuted on spiritual grounds in Pakistan, Bangladesh and Afghanistan to amass citizenship in our nation. With this notification PM Shri @narendramodi Ji has delivered on one other dedication and realised the promise of the makers of our structure to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians dwelling in these international locations.”
In 2019, the IUML filed a petition within the prime courtroom saying that whereas they don’t oppose the grant of citizenship to migrants, they’re aggrieved by the discrimination and unlawful classification based mostly on faith. The exclusion of Muslims from the Act amounted to faith based mostly discrimination.