IUML-DYFI Challenges CAA Implementation: Seeking Stay on Citizenship Amendment Rules 2024

The day after the central government notified rules to implement the Citizenship Amendment Act 2019, the Indian Union Muslim League (IUML) and DYI have filed a petition seeking a stay on the Citizenship Amendment Rules 2024.

As the lead petitioner in a batch of writ petitions pending in the Supreme Court challenging the CAA, IUML filed an interim application in the ongoing writ petition seeking an immediate stay on the implementation of the CAA. The party termed the Act linking citizenship to religion as unconstitutional, arguing that the notion of constitutionality should not then apply.

Emphasizing that the Act had not come into force for 4.5 years, IUML argued that delaying its implementation until the Court’s final decision would prevent potential anomalies, especially considering citizenship granted under the Act was unconstitutional. If understood, it will probably be cancelled.

The IUML made its stand clear, opposing the religion-based exclusion of the Act and emphasizing its support for granting citizenship to migrants, which it considers contradictory with the constitutional concept of secularism.

In its application, IUML also requested the union to refrain from taking punitive action against persons excluded from the CAA on the basis of religion till the decision on the writ petition comes. Additionally, it sought relief for members of the Muslim community who were deprived of the opportunity to apply for citizenship under the rules.

The writ petitions were last listed before the Supreme Court on October 31, 2022.

The CAA, passed by Parliament in 2019, aims to expedite Indian citizenship for non-Muslim immigrants fleeing persecution in Pakistan, Bangladesh and Afghanistan before December 31, 2014. However, its implementation was halted due to widespread protests, exacerbated by the proposed national register. of citizens (NRC) schemes.

The petitioners argue that the Act’s granting of Indian citizenship to religion-based persecuted people is contrary to the secular character of India. More than a hundred writ petitions challenging its constitutionality have been filed in the Supreme Court. However, while agreeing to hear the case, the Supreme Court had refused to stay the implementation of this law.

Responding to this petition, the government said that this Act does not affect the citizenship of any Indian citizen.

Recently, the Central Government notified rules to implement the CAA and committees have been constituted at the State/UT level to process applications under the Act.