CAA implementation: No stay, SC seeks government response
Chief Justice DY Chandrachud & Justices JB Pardiwala and Manoj Misra give petitioners leave to approach if anyone gets citizenship under the law before April 8
The Supreme Court on Tuesday refused to stay the implementation of the controversial Citizenship Amendment Act (CAA) and gave the government three weeks to respond to 237 petitions challenging the law.
At the same time, Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra gave the petitioners leave to approach if any individual got citizenship under the law before April 8.
This was followed by a request from senior lawyers Kapil Sibal and Indira Jaising.
Mehta’s submission
Solicitor-General Tushar Mehta, who appeared for the government, had sought four weeks' time to respond to the petitions.
"We will have to file a detailed affidavit on the merits for 237 petitions. Twenty interim applications have already been filed, and many are in the pipeline. Realistically, we need four weeks," he told the court.
Among the petitioners are the Indian Union Muslim League, Jairam Ramesh of the Congress and Mahua Moitra of the Trinamool Congress.
‘Discriminatory’ CAA
The apex court will hear the case next on April 9.
The petitioners wanted a pause on the implementation of the "discriminatory" CAA, which they insist is against the Muslim community.
Multiple challenges were mounted in the Supreme Court after the bill was cleared by parliament in 2019.
Notifying rules
But the court did not pause implementation as the rules had not been notified. This was done last week, just before the start of the Lok Sabha elections.
Tushar Mehta said the fact that the rules were notified before an election was irrelevant.
Under the CAA, non-Muslim migrants from Bangladesh, Pakistan and Afghanistan who fled religious persecution can seek citizenship in India.
Shah’s assurance
Persons from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from these three countries are eligible if they entered on or before December 31, 2014.
Home Minister Amit Shah has said that minorities need not fear CCA as it has no provision to take back citizenship rights.