'Notification seeking application from non-Muslims not related to CAA'

New Delhi: The Centre on Monday told the Supreme Court that it's notification inviting non-Muslims residing in 13 districts in Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab to apply for Indian citizenship does not relate to the Citizenship (Amendment) Act, 2019 (CAA) and is a "mere delegation of power vested with the Central Government to local authorities.

The Ministry of Home Affairs (MHA) said that similar delegation of power has been permitted by Central Government in 2004, 2005, 206, 2016 and 2018 also and no relaxation whatsoever has been made in respect of the eligibility criteria between different foreign nationals which are laid down in the Citizenship Act, 1955 and rules made thereunder.

It is submitted that the notification dated May 28, 2021 does not relate to the CAA which has been inserted into the Act as section 6B," the MHA said in affidavit and added that it seeks to merely delegate the power of the Central Government to the local authorities in particular cases.

The affidavit said it is "about extending the delegation of power to grant citizenship to collectors of more districts and Home Secretaries of more Sates.

The said notification does not provide for any relaxations to the foreigners and applies only to foreigner who have entered the country legally as the Central Government used its authority under Section 16 of the Citizenship Act and delegated its powers to grant citizenship by Registration or Naturalisation to District Collectors, the MHA said.

The affidavit filed in response to a plea filed by Indian Union Muslim League (IUML) , said that the notification is merely an administrative delegation of power without any specific classification or relaxation.

The MHA submitted that the notification dated May 28, 2021 is merely a process of decentralisation of decision making aimed at speedy disposal of the citizenship applications of such foreigners as the decision will now be taken at the District or State level itself after examining each case.

It is submitted that no relaxation whatsoever has been made in respect of the eligibility criteria between different foreign nationals which are laid down in the Citizenship Act, 1955 and rules made thereunder. Hence, the question of violation of Article 14 in making the certain classification does not arise, it said.

It further submitted the existing law and procedure for acquiring citizenship of India is in no way sought to be amended through the impugned notification.

It is submitted that any foreigner of any faith can apply for citizenship of India at any time. The Central Government shall decide that application as per law and rules.

It is submitted that the delegation of power vide notification dated May 28, 2021 is in respect of those foreign applicants who fulfil the eligibility criteria and who are in possession of valid documents like passports and Indian visa, the affidavit said adding that similar notifications has been issued earlier also.