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

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  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
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  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
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  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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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.