Supreme Court Seeks Replies on Plea Challenging Citizenship Amendment Rules

The Supreme Court of India has sought responses from the central government and the Assam state government on a plea challenging the constitutional validity of the Citizenship (Amendment) Rules, 2024. These rules, which came into effect on March 11, 2024, regulate the process of granting Indian citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.

The plea, filed by Hiren Gohain, a resident of Guwahati, argues that the rules are "ultra-vires to the Constitution" and "palpably discriminatory, manifestly arbitrary, illegal and against the basic structure of the Constitution." Gohain contends that the rules infringe upon fundamental rights and has raised concerns about the "uncontrolled influx of illegal migrants from Bangladesh" into Assam, stating that it has led to significant demographic changes in the state, with the indigenous people becoming a minority in their own land.

The Supreme Court has issued notices to the respondents, including the Union Ministry of Home Affairs and the Ministry of External Affairs, seeking their replies on the matter. The court has also ordered that the fresh plea be tagged along with the pending pleas challenging the validity of the Citizenship (Amendment) Act, 2019 (CAA).

Why this matters: The Citizenship Amendment Rules and the CAA have been contentious issues, sparking protests across the country due to concerns over alleged discriminatory provisions. The Supreme Court's decision to seek replies on the fresh plea underscores the importance of addressing the legal challenges and concerns surrounding the CAA and its associated rules, which have significant implications for the demographic composition and the rights of indigenous people in Assam and other parts of India.

The petitioner, Hiren Gohain, has filed the plea in his personal capacity and on behalf of the indigenous people of Assam. He argues that the issue is not just about "Hindu-Muslim or indigenous people v/s Bengali immigrants" but about the influx of "foreign infiltrators, be Hindu or Muslim." The Supreme Court's order for the central and state governments to respond to the petition marks a significant development in the ongoing legal battle over the CAA and its implementation through the Citizenship Amendment Rules, 2024.

Key Takeaways

• SC seeks replies from Centre, Assam on plea challenging CAA rules 2024.
• Plea argues rules are unconstitutional, discriminatory, and infringe on rights.
• Concerns raised about influx of illegal migrants from Bangladesh into Assam.
• SC tags new plea with pending CAA challenges, underscoring legal battle.
• Petition filed by Hiren Gohain on behalf of Assam's indigenous people.