oppn parties Petitions Challenging The CAA Rightly Referred To A Larger Bench

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Petitions Challenging The CAA Rightly Referred To A Larger Bench

By Sunil Garodia
First publised on 2020-01-22 19:47:40

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

A three-judge bench of the Supreme Court has rightly referred the petitions challenging the constitutional validity of the Citizenship (Amendment) Act to a larger, five-judge bench (although one thinks that considering the number of anti-CAA petitions, the ongoing nation-wide protests against it and the importance of the matter, it would have been better if the matter was referred to a seven-judge bench, which may finally be done, like in the Sabarimala Temple case). It also rightly did not allow a stay on the CAA, saying that it cannot do so without hearing the Centre. It gave the government a four-week notice to respond to the petitions. The court also rightly said that the petitions coming from Assam would be dealt with separately as there was a different matter involved - mainly, the change in the cut-off date for citizenship which was March 24, 1971 as per the Assam Accord and was now sought to be revised to December 31, 2019 as per the CAA.

There is no doubt that the CAA needs to be examined for constitutional validity as it seeks to leave out Muslims from the class of persons who can apply for express Indian citizenship if they come from neighbouring countries like Pakistan, Bangladesh, Afghanistan and Myanmar. Since the secular nature of our democracy and the provisions of the Indian constitution expressly forbid the Centre from discriminating between citizens on the basis of religion, class, caste, gender or creed, a huge number of people, political parties and civil society organizations feel that it violates constitutional provisions. The government, on the other hand, is arguing that the amendments have been made to provide succour to oppressed minorities in the above countries. It remains to be seen how the bench interprets the provisions and which argument it finds correct.

But the apex court must come down hard on people seeking a stay on any newly-enacted Act, rule or provision that has been passed by legislatures on the first date of hearing of the case. Such a plea amounts to questioning the wisdom of the legislatures. Any stay (pending a final decision) can only be granted by a court when both parties have been heard and the court finds a prima facie case of a constitutional or legal violation. A stay order, by its very nature, is something that is granted to prevent people from being aggrieved by any law, order or rule that might be arbitrary, illegal or unconstitutional or may appear to be so. But such a situation can only arise if the court finds prima facie evidence of the same. In the case of CAA, it is a newly drafted Act that will only provide express citizenship to a certain class of refugees. It will neither take away citizenship from anyone nor will it bar anyone from applying for Indian citizenship under other laws in force. Hence, there is no question of anyone being aggrieved by it and the question of granting a stay on the first date does not arise. In the instant case, Kapil Sibal demanding a stay in the first instance amounts to fighting the political battle, which the Congress lost in Parliament, in the Supreme Court. The court rightly refused to grant it at this juncture.