Kerala moves SC seeking stay on CAA Rules

New Delhi: Kerala has approached the Supreme Court requesting a halt on the enforcement of the Citizenship (Amendment) Rules, 2024. The state has argued that these rules are discriminatory, arbitrary, and violate the principles of secularism.

On March 11, the Central Government initiated the implementation of the Citizenship (Amendment) Act, 2019. The act, passed by Parliament four years ago, expedites the process of granting Indian citizenship to undocumented non-Muslim immigrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014.

The Kerala government has labelled the CAA Rules as 'unconstitutional', stating that the classifications based on religion and country are discriminatory, arbitrary, unreasonable, and contradict the principles of secularism. The plea has further argued that the Union's lack of urgency in implementing the 2019 Act is a valid reason for staying the 2024 rules.

Previously, the Kerala government had filed a suit challenging the validity of the Citizenship Amendment Act (CAA). It now argues that the Amendment Act, Rules, and Orders lack any standard principle or norm, and discriminate against migrants from other countries such as Sri Lanka, Myanmar, and Bhutan, which share international borders with India and have experienced trans-border migration.

Kerala has contended that the CAA is “arbitrary” and that the Rules represent a “class legislation”. The plea has also asserted that classifications based on religion and country are blatantly discriminatory. It has highlighted that legislation discriminating on the basis of an individual’s intrinsic

and core trait cannot form a reasonable classification based on an intelligible differentia.

The Supreme Court has agreed to hear the pleas on March 19, seeking a directive to the Centre to stay the implementation of the Citizenship Amendment Rules, 2024 until the petitions challenging the constitutional validity of the Citizenship (Amendment) Act, 2019 are disposed of.

Following the announcement of the rules on March 11, just before the Lok Sabha elections, the Modi government began the process of granting Indian citizenship to persecuted non-Muslim immigrants. The rules were enforced immediately, as per a gazette notification.

The CAA had previously ignited protests across the country in late 2019 and early 2020 due to its alleged discriminatory provisions.