MUSLIM LEAGUE MOVES SC TO STAY HOME MINISTRY ORDER ALLOWING CITIZENSHIP GRANT TO NON-MUSLIM MINORITIES FROM ABROAD

The Indian Union Muslim League (IUML) has filed a petition in the Supreme Court against the Centre’s move to grant citizenship to non-Muslim refugees in thirteen districts in five states.

The petition has been filed in the Supreme Court by League General Secretary PK Kunhalikutty challenging the amendment to the Citizenship Act.

The League wants the notification issued by the Central Government inviting applications for citizenship to be stayed immediately.

The plea also said 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.

The order does not withstand the test of Article 14 in as much 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 plea added.

The Petitioner further said that the concept of granting citizenship to persons based on religion was introduced vide the Citizenship Amendment Act, 2019, and the impugned order and rules as challenged in the present writ.

The said act is against Articles 14, 15, and 21 of the Constitution and violative of the basic structure of the Constitution, the plea added

On 29 May the MHA had issued a notification under the 2009 rules of the Citizenship Act, 1955 asking non-Muslims belonging to Afghanistan, Bangladesh, and Pakistan and residing in 13 districts of Gujarat, Rajasthan, Chhattisgarh, Haryana, and Punjab to apply for Indian citizenship.

The fresh notification said that “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 a 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.