Supreme Court of India, under the leadership of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra is set to hear a series of petitions challenging the Citizenship Amendment Act (CAA) of 2019.
The Supreme Court of India, under the leadership of Chief Justice DY Chandrachud with Justices JB Pardiwala and Manoj Misra is set to hear a series of petitions challenging the Citizenship Amendment Act (CAA) of 2019. This significant legal review comes after the act sparked widespread protests and legal debates across the nation due to its controversial provisions.
Also Read-BREAKING| CAA | Asaduddin Owaisi Moves Supreme Court Seeking Stay (lawchakra.in)
The CAA, which was passed by the Parliament on December 11, 2019, and received the President’s assent the following day, has been a subject of intense scrutiny and opposition. The Indian Union Muslim League (IUML) was among the first to move the Supreme Court against the act, leading to a cascade of petitions filed by various groups and individuals.
The crux of the CAA lies in its amendment to Section 2 of the Citizenship Act of 1955, which redefines the term “illegal migrants.” With the new proviso added to Section 2(1)(b), individuals from Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who have arrived in India from Afghanistan, Bangladesh, or Pakistan on or before December 31, 2014, and have been exempted by the Central Government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, are no longer considered “illegal migrants.” This amendment facilitates their eligibility to apply for Indian citizenship under the 1955 Act.
However, the explicit exclusion of Muslims from the provisions has ignited accusations of religious discrimination and sparked nationwide protests. The petitioners against the CAA argue that the act discriminates against Muslims based on religion, lacking reasonable differentiation and violating the right to equality under Article 14 of the Indian Constitution.
Despite the controversy, the Supreme Court did not stay the law during its initial review on December 18, 2019, as the rules associated with the act were not yet notified, leaving the CAA in a state of limbo. However, the situation took a turn when the Central government unexpectedly notified the rules on March 11, effectively bringing the CAA into force and prompting a new wave of applications before the Court seeking a stay on the Act and its rules.
As the Supreme Court prepares to delve into the legal challenges against the CAA, the nation watches closely. The outcomes of these hearings could have profound implications on India’s citizenship laws, the principle of secularism enshrined in the Constitution, and the fabric of the country’s democratic values.
