Supreme Court Demands Answers: Latest Petition Slams CAA Rules 2024 as ‘Anti-Constitutional’

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Supreme Court’s Forceful Response: Demanding Accountability, Centre and Assam Government Pressured to Justify Citizenship Amendment Act Amid Accusations of ‘Anti-Constitutional’ Rules.

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The Supreme Court‘s request for responses from the Centre and the Assam government regarding the latest petition questioning the constitutionality of the Citizenship Amendment Act (CAA) underscores the ongoing legal scrutiny surrounding the controversial legislation. The CAA passed in 2019, has been the subject of significant debate and protests across India due to concerns about its potential impact on citizenship rights and its alleged discrimination against certain religious groups. The court’s move indicates a continued examination of the law’s implications and its compatibility with the principles enshrined in the Indian Constitution.

The recent spotlight on the Citizenship (Amendment) Rules of 2024 has thrust the Supreme Court into action, prompting a request for responses from both the Centre and the Assam government. At the heart of the matter lies a petition challenging these rules, which seek to streamline the process of granting Indian citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan before December 31, 2014.

With the judicial wheels turning, the SC bench, led by Chief Justice DY Chandrachud and Justice JB Pardiwala, has taken note of the concerns raised by the petitioner, Hiren Gohain, a resident of Guwahati. Through his lawyer’s representation, Gohain has voiced the anxieties echoing through Assam’s indigenous communities.

The court’s issuance of notices to both the state government and the Ministries of Home and External Affairs underscores the gravity of the situation. Moreover, the decision to consolidate this plea with other pending cases related to the contentious Citizenship Amendment Act (CAA) issue amplifies its significance.

Gohain’s plea strikes at the heart of the matter, emphasizing the profound demographic shifts occurring in Assam due to unchecked migration from Bangladesh. Once a majority, indigenous communities now find themselves marginalized in their own homeland. The petition argues that the Citizenship (Amendment) Rules of 2024 not only defy the constitutional fabric but also infringe upon fundamental rights enshrined therein.

Amid Growing Tension: Centre, Assam Govt Grilled Over ‘Anti-Constitutional’ CAA Rules as Supreme Court Seek Answers

While the court refrains from an immediate halt to the enforcement of the CAA Rules, it has directed the Centre to address applications seeking a suspension until a thorough adjudication takes place. Gohain’s contention that these rules are “ultra vires to the Constitution” resonates deeply, pointing to their discriminatory nature and arbitrary enforcement.
At its core, this legal battle is about safeguarding the essence of democracy and protecting the rights of those most vulnerable to its erosion. Gohain’s petition serves as a beacon for the indigenous population of Assam, advocating for their constitutional rights and ensuring that their voices resonate within the hallowed halls of justice.

The plea underscores a critical issue that transcends communal lines and strikes at the very heart of Assam’s identity. It emphasizes that the surge of illegal migrants from Bangladesh isn’t merely a matter of Hindu-Muslim dynamics or a clash between indigenous communities and newcomers. Instead, it’s a pressing concern of foreign infiltration, regardless of religious affiliations, threatening the longstanding heritage of the land.

The petition eloquently articulates that this is a struggle between Indians and non-Indians, a battle to preserve the essence of Assam’s identity for generations to come. It highlights that the issue is of national importance, resonating far beyond the borders of Assam.

Drawing on census data from 2011, the plea paints a stark picture of the demographic landscape. Out of Assam’s population of approximately 3.21 crores, only 1.34 crores are indigenous Assamese, encompassing Assamese Muslims and various indigenous tribes such as Bodo, Missing, Rabha, and Karbi. Additionally, it brings attention to the significant population of approximately 48 lakhs belonging to the tea tribes.

The petition emphasizes that when these figures are combined, they account for a substantial portion of Assam’s population. However, the remaining demographic makeup comprises Bengali-speaking Hindus and Muslims, alongside a smaller contingent of Hindi and other language speakers who have migrated from other states of India.
In essence, the plea underscores the urgent need to address the complex interplay of demographic shifts in Assam. It calls for a unified effort to safeguard the rights and heritage of indigenous communities, while also acknowledging the diverse fabric of Assamese society.

In a strategic move just ahead of the Lok Sabha elections, the Modi government unveiled rules on March 11 to grant Indian citizenship to persecuted non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh. The announcement sparked immediate attention, setting the stage for a heated debate.
With a swift gazette notification, these rules swiftly came into effect, signaling the government’s firm stance on the issue.

However, the Citizenship Amendment Act (CAA) continues to be a hot-button topic, igniting fervent discussions and passionate protests nationwide. Its divisive nature has stirred up emotions, with critics decrying its alleged discrimination and supporters defending it as a beacon of religious freedom.

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