The Supreme Court on Friday directed the Centre and the Assam government to respond to a plea challenging the Citizenship (Amendment) Rules, 2024. These rules are intended to operationalize and regulate the grant of Indian citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan before December 31, 2014.
The Bench
A bench consisting of Chief Justice D Y Chandrachud and Justice JB Pardiwala acknowledged the submissions made by a lawyer representing petitioner Hiren Gohain, a resident of Guwahati. Notices were issued to the state government and the union ministries of Home Affairs and External Affairs. The court also ordered that the new plea be consolidated with existing cases on the matter.
The recent plea highlighted concerns regarding the significant demographic changes caused by the unchecked influx of illegal migrants from Bangladesh into Assam. It emphasized that indigenous populations, once a majority, have now become minorities in their own land.
Previous Hearing
Previously, the bench had declined to stay the implementation of the CAA Rules but requested the Centre to respond to applications seeking a stay until the court resolves the challenges against the Citizenship (Amendment) Act, 2019.
Gohain’s plea contends that the CAA Rules, 2024 are unconstitutional, alleging discrimination and arbitrariness. It argues that these rules violate fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution.
The plea represents not only Gohain but also a majority of indigenous people in Assam, seeking protection of their fundamental rights. It asserts that the issue of illegal migration is not communal but concerns the influx of foreign infiltrators, regardless of religion.
2011 Census
According to the 2011 census, Assam’s population was approximately 3.21 crores, of which only 1.34 crore are indigenous Assamese. This figure includes Assamese Muslims and indigenous people from various tribes. The petition also mentions the population of tea tribes, totaling about 48 lakh.
The Citizenship (Amendment) Rules, 2024 were introduced just ahead of the Lok Sabha elections, aiming to grant Indian citizenship to persecuted non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh. These rules were immediately enforced, as per a gazette notification.
The controversial CAA had previously triggered protests across the country in late 2019 and early 2020, primarily due to its perceived discriminatory nature.
