MHA Notification on Citizenship not related to CAA – Centre tells Supreme Court

June 14: The Notification dated 28th May, 2021 issued by MHA is no way connected to the Citizenship Amendment Act (CAA) enacted in the year 2019, the Centre has submitted before the Supreme Court through filling 70 pages Counter Affidavit on today in I.A. No.65534/2021 arising out of W.P.(C) No.1470 of 2019. The said Counter Affidavit was sworn by Ashutosh Anand, Under Secretary in the Ministry of Home Affairs, Government of India. This Notification has been challenged by Indian Union of Muslim League. A similar news item “Govt delegates power to collectors of 13 districts; home secretaries of 2 states on granting citizenship” was published by way2barak.com on 29 May, 2021.

The Centre submitted by filing counter Affidavit that the WP(C) no. 1470/2019 was regarding a challenge to the validity of the Citizenship (Amendment) Act, 2019 (CAA). The instant IA No. 65534 of 2021 in Writ Petition 1470/2019, preferred by the Petitioner is concerning the notification dated 28 May 2021 which is concerning the mere delegation of power vested with the Central Government. It is submitted that the notification dated 28 May 2021 has no relation whatsoever with the CAA and it is inconceivable that the present IA can be moved in the W.P. 1470 of 2019. It is also submitted that the notification dated 28 May 2021 seeks to merely delegate the power of the Central Government to the local authorities in particular cases. The said notification does not provide for any relaxations to the foreigners and applies only to foreigner who have entered the country legally as the Central Government used its authority under Section 16 of the Citizenship Act and delegated its powers to grant citizenship by Registration or Naturalisation to District Collectors. It is submitted that it is merely an administrative delegation of power without any specific classification or relaxation.

The Centre also submitted before Supreme Court that Section 18 of The Citizenship Act, 1955 confers on Central Government powers to make appropriate rules to carry out the provisions of this Act. On 04/02/2004, the then Chief Minister of Rajasthan requests the Minister of State in MHA to resolve the issue of grant of Indian citizenship to migrants of minority communities (Hindu) of Pakistan who have migrated to India due to persecution on religious grounds. As such, in the year 2004, the Central Government notified the Citizenship (Amendment) Rules, 2004 Vide Notification dated 28/02/2004 published on 01/03/2004.

The said Rules delegated the power to grant the citizenship by Registration under Section 5, in respect of Pakistani nationals of minority Hindu community, to four District Collectors of Gujarat and to the Home Secretary, Gujarat if such Pakistani nationals of minority Hindu community lived in other Districts of Gujarat. In the same notification, the Central Government also enabled Collectors of Barmer and Jaisalmer Districts to register as citizens of India “Pak nationals of minority Hindu community” displaced due to 1965 and 1971 wars. It may be noted that the same was also merely a delegation of the power for a specified community and not any relaxation in the requirements of citizenship.

On 13/07/2004 Shri Ashok Gehlot, the then MLA requests, the Minister of State in MHA to consider delegation of powers to collectors for speedy granting of citizenship to minority migrants from Pakistan who were forced to come to India due to persecution on religious grounds.

On 15/09/2004 Shri Ashok Gehlot, the then General Secretary, AICC requests the then Home Minister to implement the notification published on 1/03/2004 regarding delegation of powers to collectors for speedy grant of citizenship to Hindu minority migrants from Pakistan who were forced to come to India due to persecution on religious ground.

The Centre also said before the Supreme Court that on February 22, 2005 the Central Government extended the delegation of its power by another year. It is submitted that thereafter, vide Gazette notification dated 12th July, 2006, such powers were extended again by Central Government for one more year.

Section 16 of The Citizenship Act, 1955 confers powers on Central Government to delegate some of its citizenship – granting powers to such officer or authority as may be specified. In year 2016, Central Government used its authority under Section 16 of the Citizenship Act and delegated its powers to grant citizenship by Registration or Naturalisation to District Collectors of 16 districts and Home Secretaries of Governments of 7 States in respect of migrants belonging to six specified minority communities of Afghanistan, Pakistan and Bangladesh, for a period of two years. The centre submitted that this was done to fast track the decision on citizenship applications of this category of foreigners. In 2018, this delegation of power was extended until further orders.

The Centre also said in the meantime Central Government received several representations to delegate its power to grant citizenship in respect of the aforesaid legal migrants to some more districts/ States also where sizeable population of such migrants has been residing. Therefore, Central Government has by notification dated 28/05/2021 further delegated its power to grant citizenship in such cases to the Collectors of 13 more districts i.e. Morbi, Rajkot, Patan and Vadodara in Gujarat, Jalore, Udaipur, Pali, Barmer and Sirohi in Rajasthan, Durg and Balodabazar in Chhattisgarh, Faridabad in Haryana and Jalandhar in Punjab and to The Home Secretaries of two more States i.e. Haryana and Punjab. Therefore, now District Collectors of 29 districts and Home Secretaries of 9 States will exercise powers of Central Government to grant citizenship to the specified category of foreigners. The Central Government has also retained its right to simultaneously use these powers any time.