Petition: Challenge To Grant Citizenship To Minorities Of Three Neighboring Countries, Muslim League Reaches Supreme Court


Rajiv Sinha, Amar Ujala, New Delhi

Published by: Surendra Joshi
Updated Tue, 01 Jun 2021 03:46 PM IS

abstract

The Muslim League has challenged the notification of the Central Government, which approved the grant of Indian citizenship to minorities from three neighboring countries.

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The Indian Union Muslim League (IUML) has filed a petition in the Supreme Court challenging the Centre’s decision to grant Indian citizenship to non-Muslim minorities from three neighboring countries. The petition has challenged the notification allowing minorities from Pakistan, Afghanistan, Bangladesh to apply for citizenship.

The Muslim League has urged the Supreme Court to put a stay on this notification. It is to be known that IUML was the first to challenge the Citizenship Amendment Act (CAA), 2019 in the Supreme Court.

Non-Muslims living in 13 districts of five states will be able to apply
In this notification issued by the Ministry of Home Affairs on May 28, non-Muslim minorities of Afghanistan, Pakistan and Bangladesh living in 13 districts of Gujarat, Rajasthan, Chhattisgarh, Punjab and Haryana have been given the right to apply for Indian citizenship. Earlier in the year 2016, 16 district magistrates of the country were asked to accept applications for citizenship under the Citizenship Act, 1955.

Muslim League’s argument – cannot classify on the basis of religion
IUML has challenged the May 28 notification by filing an application in the pending CAA case on the ground that the provisions of the Citizenship Act do not permit classification of applicants on the basis of religion. Section 5(1)(a)(g) of the Citizenship Act allows eligible persons to apply for citizenship by registration while Section 6 of the Act allows any person (other than an illegal migrant) to apply for citizenship by naturalisation. permits to apply.

Notification Against Right to Equality
IUML, in its application, has said that an attempt has been made by the Central Government through an executive order to dilute the two provisions, which is illegal. The League says that this notification does not meet the criterion of Article 14 (right to equality) of the Constitution.

Detailed

The Indian Union Muslim League (IUML) has filed a petition in the Supreme Court challenging the Centre’s decision to grant Indian citizenship to non-Muslim minorities from three neighboring countries. The petition has challenged the notification allowing minorities from Pakistan, Afghanistan, Bangladesh to apply for citizenship.

The Muslim League has urged the Supreme Court to put a stay on this notification. It is to be known that IUML was the first to challenge the Citizenship Amendment Act (CAA), 2019 in the Supreme Court.

Non-Muslims living in 13 districts of five states will be able to apply

In this notification issued by the Ministry of Home Affairs on May 28, non-Muslim minorities of Afghanistan, Pakistan and Bangladesh living in 13 districts of Gujarat, Rajasthan, Chhattisgarh, Punjab and Haryana have been given the right to apply for Indian citizenship. Earlier in the year 2016, 16 district magistrates of the country were asked to accept applications for citizenship under the Citizenship Act, 1955.

Muslim League’s argument – cannot classify on the basis of religion

IUML has challenged the May 28 notification by filing an application in the pending CAA case on the ground that the provisions of the Citizenship Act do not permit classification of applicants on the basis of religion. Section 5(1)(a)(g) of the Citizenship Act allows eligible persons to apply for citizenship by registration while Section 6 of the Act allows any person (other than an illegal migrant) to apply for citizenship by naturalisation. permits to apply.

Notification Against Right to Equality

IUML, in its application, has said that an attempt has been made by the Central Government through an executive order to dilute the two provisions, which is illegal. The League says that this notification does not meet the criterion of Article 14 (right to equality) of the Constitution.


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