SC Says Citizenship Not a Given For Those Applying For it Under CAA, Their Claims Need to be Verified
New Delhi: The Supreme Court on Tuesday (December 9) said that the conferment of Indian citizenship to people claiming to be religious minorities and protected under the Citizenship (Amendment) Act (CAA) was not a given, and would depend on the veracity of their claims.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi made the oral observations while hearing a petition filed by an NGO, Aatmadeep, through advocate Anish Roy.
“You are claiming that you are entitled by virtue of these amended provisions in the CAA to become citizens of this country. But you have not been conferred citizenship so far... The amended provisions might have conferred some enforceable rights in your favour to seek citizenship, but each and every statutory requirement has to be determined, like, do you belong to any minority in that country; were you resident of the country of which minority were permitted to come to India; and in what capacity have you come to India,” said CJI Kant, reported The Hindu.
The court added that while the CAA had introduced changes which advocated granting “enforceable rights” to persecuted religious minorities from these countries, authorities have to enquired and determine every such claim.
The petitioners had said that religious minorities who have fled from three neighbouring countries, especially Bangladesh, were living in West Bengal and are afraid that the ongoing Special Intensive Revision (SIR) of electoral rolls would render them stateless.
The petition said that authorities have delayed the issuance of the citizenship certificates, and the non-recognition of acknowledgment receipts during the ongoing SIR, has led to a constitutional crisis.
CJI Kant added that if the government has made a law, there has to be a following mechanism to implement the law. He said that once such a migrant became a naturalised citizen through due process, he or she could apply under the statutory scheme for entry into the voter list, reported The Hindu.
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