PFI moves SC: Centre implementing CAA through back door

The Centre's move to verify and approve citizenship applications from members of minority communities from Pakistan, Afghanistan and Bangladesh living in five Indian states reveals the government's "fascist character" and is a way to give a "back door entry" to the CAA-2019.

New Delhi: After Indian Union Muslim League (IUML), now the Popular Front of India (PFI) has moved to the Supreme Court against the Central government's Home ministry's notification inviting applications for citizenship from non-muslim immigrants residing in Gujrat, Rajasthan, Chhattisgarh, Haryana and Punjab.

"While the rules under the Citizenship Amendment Act,2019, are yet to be framed, a gazette notification of the MHA on May 28 invited applications for citizenship for— Hindus, Sikhs, Jains, Christians and Buddhists from Afghanistan, Pakistan and Bangladesh— who are currently residing in 13 districts of Gujrat, Rajsthan, Chhattisgarh, Haryana and Punjab," said the organisation.

Popular Front of India accused that the notification of MHA was an attempt to implement CAA through the back door.

The plea has sought directions from the top court to declare the MHA's notification unconstitutional, discriminatory and ultra vires of Article 14. The petitioner says that the notification prevents "Muslims from seeking citizenship by registration and naturalization by virtue of their religion under sections 5 and 6 of the Citizenship Act,1955." PIL further seeks to prohibit the "colourable exercise of power" by the centre in the guise of CAA.

The petitions challenging the constitutional validity of the CAA,2019, has been pending in the top court for more than a year now. When they were heard, the centre had assured the court that as the rules have not been framed under the act, it is not going to be implemented. There were nationwide protests against the act after it was passed and multiple public interest litigations were filed in the top court on the ground that India is a secular country and leaving out one religion from getting citizenship is against the constitution of our country.

In December 2019, the Parliament had amended the Citizenship Act to grant citizenship to illegal immigrants belonging to Hindu, Jain, Sikh, Parsi, Christian and Buddhist communities -- but not Muslims -- from Pakistan, Bangladesh and Afghanistan. Under this law, they will be granted fast track Indian citizenship in six years. So far, 12 years of residence has been the standard eligibility requirement for citizenship through naturalisation. The legislation was passed amid strong criticism from the Opposition, which has been calling it discriminatory and triggered massive nationwide protests.