IUML, four MPs challenge citizenship Bill in top court

Tribune News Service

New Delhi, December 12

Even before the President gave his assent to the Citizenship (Amendment) Bill, 2019, late Thursday night, the controversy landed in the Supreme Court.

The Indian Union Muslim League (IUML) and four of its MPs today moved the apex court challenging the passage of the Bill on the ground that it violated the fundamental right to equality under the Constitution and intended to grant citizenship to a section of illegal immigrants by making exclusion on the basis of religion.

The Act proposes to relax norms for the grant of Indian citizenship by naturalisation to Hindu, Sikh, Christian, Buddhist and Jain and Parsi victims of religious persecution in Pakistan, Afghanistan and Bangladesh who came to India before December 31, 2014.

IUML MPs PK Kunhalikutty, ET Muhammed Basheer, Abdul Wahab and K Navas Kani are also petitioners in the case. They have requested the court to stay operation of the amendment, the Foreigner Amendment (Order), 2015, and Passport (Entry Into Rules) Amendment Rules, 2015.

The petitioners said the amendment ensured that illegal Muslim migrants excluded after the NRC exercise be prosecuted and those belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities be given the benefit of naturalisation as Indian citizens.

Therefore, all those Muslims who have been excluded in such pan-India NRC exercise shall have to prove their citizenship before the Foreigners Tribunal, all because they are Muslims and not Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

The amendment was against the basic structure of Constitution and intended to explicitly discriminate against Muslims as the Act extended benefits only to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, the petition alleged. The government has given no explanation on the law excluding minorities like Ahmadiyyas, Shias and the Hazaras who have a long history of persecution in Afghanistan and Pakistan, it alleged.

The Act does not prescribe any standard principle or norm behind choosing aforesaid three neighbouring countries, whereby it does not extend the benefit to religious minorities belonging to other neighbouring counties such as Sri Lanka, Myanmar, Nepal and Bhutan.

Congress readies to follow suit  

• The Congress is all set to mount a legal challenge against passage of the Citizenship (Amendment) Bill with party’s top leaders discussing the court strategy on Thursday
• The Congress-led governments are set to oppose the law tooth and nail  with Punjab CM Amarinder Singh saying he would not allow the provision to be implemented in Punjab
• The Congress is also planning a nationwide offensive against the decision, starting with a rally in Delhi this Saturday