Supreme Court Refuses Stay on CAA Implementation: What’s Next?

The decision not to stay the implementation of the CAA sets the stage for further legal battles and raises questions about the future

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In a significant decision on Tuesday afternoon, the Supreme Court declined to stay the implementation of the Citizenship Amendment Act (CAA), despite mounting petitions challenging the controversial law. The court has granted the government a three-week period, until April 8, to respond to a total of 237 petitions lodged against the CAA, which was notified just days before the Lok Sabha election.

The petitioners, represented by eminent lawyers Kapil Sibal and Indira Jaising, were also granted the liberty to approach the court if citizenship is granted to any individual before the specified date. Solicitor-General Tushar Mehta, representing the government, refrained from making any explicit statements during the proceedings.

Initially, Mr. Mehta had requested four weeks’ time to address the petitions, citing the need for a detailed affidavit to be filed on the merits of each case. “We will have to file a detailed affidavit, on merits, to 237 petitions. 20 interim applications are already filed and many are in the pipeline. Realistically, we need four weeks,” he informed the court.

The bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, heard the matter. Notable petitioners include the Indian Union Muslim League, a Kerala-based political party, along with opposition leaders Jairam Ramesh of the Congress and Mahua Moitra of the Trinamool.

The next hearing in this case is scheduled for April 9.

While the petitioners did not contest the government’s request for additional time, they urged the bench to order a stay on the implementation of the “discriminatory” CAA, which they argue targets the Muslim community.

Following the passage of the citizenship bill by Parliament in 2019, multiple legal challenges were mounted. However, the court did not halt implementation at that time as the rules had not been notified. Mr. Sibal, representing the petitioners, pointed out that the situation has changed since then, as the rules have now been notified.

The decision not to stay the implementation of the CAA sets the stage for further legal battles and raises questions about the future of the contentious legislation. As the debate over the CAA continues to unfold, all eyes will be on the Supreme Court for its forthcoming rulings on this deeply divisive issue.

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