SC asks govt to file within 4 weeks response to pleas challenging CAA

Legislation that prompted nationwide protests was challenged on the ground that it allegedly is against the right to equality

The Supreme Court on Monday directed the Central government to file within four weeks its response to petitions challenging the Citizenship Amendment Act, 2019 (CAA).

A Bench of Chief Justice of India UU Lalit and Justice S Ravindra Bhat adjourned the case and ordered pleas to be put in "different compartments" so that it becomes easy for parties to file submissions. The case is listed for directions on October 31, 2022.

The legislation, passed by Parliament on December 12, 2019, amends Section 2 of the Citizenship Act of 1955. It added a new provision to Section 2, stating migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan shall be eligible to apply for Indian citizenship.

Muslims were exempted from the CAA when it was passed, prompting protests across the country. Petitions filed before the Supreme Court challenged the CAA saying the exclusion is religion-based and violates the right to equality under Article 14 of the Constitution.

Earlier, the Supreme Court said the matter may be heard by a Constitution Bench but did not pass any order. It last heard the case on June 15, 2021.

The Central government had then said that the CAA is a "benign legislation" and it does not affect the legal, democratic, and secular rights of any citizen. “A law passed by Parliament may not be within the scope of judicial review. The Citizenship Amendment Act seeks to provide relaxation to specific communities from the specified countries with a clear cut-off date,” it said.

The law was challenged under Article 32 of the Constitution(right to move court). The lead petitioner in the case is the Indian Union Muslim League (IUML). Other petitioners include politicians Asaduddin Owaisi, Jairam Ramesh, Ramesh Chennithala, and Mahua Moitra.