CJI U U Lalit to hear petitions challenging CAA today in Supreme Court

The Supreme Court of India will hear over 200 public interest litigations (PILs) including petitions challenging the contitutional validity of the Citizenship (Amendment) Act (CAA).

The CAA, when passed by the Parliament in 2029, had triggered massive protests across the country.

A bench headed by Chief Justice UU lalit will hear the petitons today.

One of the petitioners — the Indian Union Muslim League (IUML) — had said earlier the act violates the fundamental Right to Equality and intends to grant citizenship to a section of illegal immigrants by making an exclusion based on religion.

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What is CAA?

The Citizenship (Amendment) Act seeks to grant citizenship to non-Muslim immigrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to India from Pakistan, Afghanistan and Bangladesh on or before December 31, 2014.

The Act grants refugees of the above six communities an Indian citizenship after residing in India for five years instead of 11 years.

One of the many petitioners, the Indian union Muslim league (IUML) have challenged the CAA on the grounds that it violates the Fundalmental right to Equality and makes an exclusion on the basis of religion in granting citizenship to illegal immigrants.

Writ petitions challenging the validity of the CAA contest that it violates Articles 14 and 21 of Indian Constitution.

Several petitions have been filed challenging CAA, including petitions by RJD MP Manoj Jha, Jairam Ramesh, Trinamool Congress MP Mahua Moitra, AIMIM leader Asaduddin Owaisi, Dravida Munnetra Kazhgam and Asom Gana Parishad

Why protests?

1) In the Northeast, the protests were against the Act’s implementation in their areas.

The Northeastern states feared that the Act will cause a rush of immigrants in their areas which may alter their cultural and linguistic demography and uniqueness.

2) In rest of India, protests were generally against exclusion of Muslims from the list of persecuted minorities in CAA.

Centre’s stance:

In March 2020 Supreme Court hearing, the Centre government, in its 129-page affidavit had argued that Fundamental Rights are applicable to Indian citizens and not illegal immigrants. It had went on to assert that there was no question of CAA violating constitutional morality which is not an “unruly horse”