Indian Union Muslim League moves Supreme Court challenging recent MHA order on citizenship

June 1: The Indian Union Muslim League (IUML) was the first to challenge the Citizenship Amendment Act (CAA), 2019 in the Supreme Court being W.P.(C) 1470/2019. The IUML has filed the application in the pending CAA case challenging recent MHA order on Citizenship. This application was drawn by advocate Haris Beeran and filed through advocate Pallavi Pratap.

In its petition, the IUML submitted that the challenge made to the Citizenship Amendment Act 2019, is already pending before the apex court, and on 28 May, 2021, the Centre/ Ministry of Home Affairs issued a notification relying on Section 16 of the Citizenship Act 1955, the power to grant citizenship under Sections 5 (citizenship by registration) and 6 (citizenship by naturalization).

The petitioner avers:- “That is manifestly illegal and runs counter to the provisions of the Act, as well as the Constitution on the following grounds:

a) Whilst Section 5 (1)(a)-(g) of the Act lays down in unequivocal terms the persons who are eligible to apply for citizenship by registration, Section 6 of the Act permits any person (not being an illegal migrant) to apply for citizenship by naturalisation. Therefore, the attempt being made by the Respondent Union in whittling down the applicability of the two provisions through an executive order is illegal.

b) That the two provisions read together do not permit the classification of applicants on the ground of religion and therefore the order goes beyond what is permitted by the provision itself.

c) Furthermore, the order does not withstand the test of Article 14 inasmuch as it treats people within a particular class i.e. persons entitled to apply for citizenship by registration and naturalisation unequally by virtue of their religion.”

The petitioner therefore prays to pass orders directing the Respondent Union to stay any further proceedings pursuant to the said Order dated 28.5.2021 issued by the Union of India, Ministry of Home Affairs till such time the present writ (W.P.(c) 1470/2019) is pending before this Hon’ble Court.

It is pertinent to mention here that on 20 May,2020, the Supreme Court declined to issue a stay on CAA. It merely issued notice to the Union and tagged the petition to the other 200 plus CAA petitions.