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Muslim League moves Supreme Court challenging recent MHA order on citizenship to non-Muslim minorities

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Supreme CourtThe IUML was the primary to problem the Citizenship Modification Act, 2019 (CAA) within the Supreme Court docket. (PTI)

The Indian Union Muslim League (IUML) has challenged the Centre’s Could 28 order issued by the Ministry of Dwelling Affairs (MHA) asking minorities from Afghanistan, Bangladesh and Pakistan, who’ve taken refuge in India, to use for citizenship. The order had empowered 13 districts of Gujarat, Rajasthan, Chhattisgarh, Haryana and Punjab to grant citizenship to non-Muslim minorities together with Hindus, Sikhs, Jains, Buddhists, Parsis and Christians.

The Dwelling Ministry had issued the notification for fast implementation of the order below the Citizenship Act 1955. These eligible to use for Indian citizenship are at the moment residing in Morbi, Rajkot, Patan and Vadodara of Gujarat, Durg and Balodabazar in Chhattisgarh, Jalore, Udaipur, Pali, Barmer and Sirohi in Rajasthan, Faridabad in Haryana and Jalandhar in Punjab.

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Notably, the Centre had introduced Citizenship Modification Act (CAA) in 2019 to expedite citizenship being given to non-Muslim refugees from Bangladesh, Pakistan and Afghanistan. Because the CAA case remains to be pending within the Supreme Court docket and the principles are but to be finalised, the appliance was invited below the Citizenship Act of 1955. In 2016, sixteen district collectors got the ability to simply accept citizenship functions below Sections 5 and 6 of the Citizenship Act of 1955, reported Bar and Bench. With the most recent order, now 29 districts have the ability to grant citizenship.

“In train of powers conferred below Part 16 of the Citizenship Act, 1955 (57 of 1955), the central authorities hereby directs that powers exercisable by it for registration as a citizen of India below Part 5, or for grant of certificates of naturalisation below part 6 of the Citizenship Act 1955 in respect of any individual belonging to the minority neighborhood in Afghanistan, Bangladesh and Pakistan specifically, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, residing within the districts talked about and the states talked about beneath,” the Could 28 MHA notification mentioned.

The IUML was the primary to problem the Citizenship Modification Act, 2019 (CAA) within the Supreme Court docket. The CAA had attracted widespread protest in lots of states. The IUML has filed the appliance within the pending CAA case. It contended that the provisions of the Citizenship Act cited don’t allow the classification of candidates based mostly on faith. In addition they submitted that the MHA order is a violation of Article 14 because it ‘treats individuals inside a selected class i.e. individuals entitled to use for citizenship by registration and naturalisation unequally by advantage of their faith’.

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