CAA: IUML in SC against Centre's notification seeking applications from non-Muslim refugees
New Delhi: The Indian Union Muslim League (IUML) has moved the Supreme Court challenging the Centre's notification inviting non-Muslims belonging to Afghanistan, Bangladesh and Pakistan and residing in 13 districts in Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab to apply for Indian citizenship.
The interim application argued that the Centre is trying to circumvent the assurance given to the apex court in this regard in the pending petition filed by the IUML challenging the constitutional validity of the provisions of the the Citizenship Amendment Act (CAA), 2019.
It said that the Centre provided assurance that staying of the Amendment Act was not necessary since the rules of the Amendment Act had not been framed.
The CAA grants Indian citizenship to non-Muslim minorities -- Hindu, Sikh, Buddhist, Jain, Parsi and Christian -- who migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.
The fresh plea said the Union home ministry on Friday issued a notification to this effect for immediate implementation of the order under the Citizenship Act 1955 and Rules framed under the law in 2009 even though the rules under the Citizenship Amendment Act (CAA) enacted in 2019 are yet to be framed by the MHA is manifestly illegal and runs counter to the provisions of the Act.
IUML in its plea before the top court said that the Centre had, during the course of the hearing of its plea challenging the constitutional validity of CAA, submitted before the apex court and provided assurance that staying of the Amendment Act was not necessary since the rules of the Amendment Act had not been framed.
"However, the Respondent Union, in a roundabout way, and in an attempt to circumvent the assurance given to this Court, have sought to implement their malafide designs envisaged under the Amendment Act through the recently issued order dated May 28," the plea said.
IUML submitted that if the Centre's notification is implemented and citizenship is given to persons on the basis of their religion, and, thereafter, if this Court strikes down the Amendment Act and rules, whereby the act of providing citizenship on the basis of religion is declared void.
"Then, to take back the citizenship of these persons, granted pursuant to the present Order, will be a herculean task and would be near impossible to implement. In the event the said exercise is conducted, it would render the entire batch of writ petitions (challenging CAA) as infructuous," the plea said.
The petition has sought directions to the Centre to stay any further proceedings pursuant to the May 28 order issued by the Union of India, Ministry of Home Affairs till such time the plea challenging CAA is pending.
"In exercise of powers conferred under Section 16 of the Citizenship Act, 1955 (57 of 1955), the central government hereby directs that powers exercisable by it for registration as citizen of India under Section 5, or for grant of certificate of naturalisation under section 6 of the Citizenship Act 1955 in respect of any person belonging to minority community in Afghanistan, Bangladesh and Pakistan namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, residing in the districts mentioned and the states mentioned below....," the home ministry notification said
The apex court in February 2020 sought response of the Centre on a batch of fresh pleas challenging the constitutional validity of the Citizenship (Amendment) Act.
The top court, on December 18, 2019 had decided to examine the constitutional validity of the CAA while refusing to stay its operation.
While hearing a batch of petitions, the top court had on January 22, 2020 made it clear that the operation of CAA will not be stayed and gave the government four weeks to respond to the pleas challenging the CAA.
When the CAA was enacted in 2019, there were widespread protests in different parts of the country and even riots took place in Delhi in early 2020 in the wake of these protests.
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
