New Delhi: An action packed day in the Supreme Court regarding the hearing on the pleas filed against the validation of the Citizenship Amendment Act has finally ended with the apex court giving a window period of two weeks to the centre to submit its report on the issue in accordance to Assam and Tripura. the Apex court has issued notices on all fresh writ petitions and ordered the centre to submit report within 4 weeks to file counter affidavits in the matter. Attorney General said Union has preliminary draft counter affidavits ready in the firs 60 writ petitions.
SC will decided on whether a constitution bench is required to hear the matters. It is likely that issue of stay will be decided by a constitutional bench. There were several requests to separately hear writ petitions regarding Assam and Tripura. The Bench hearing over the petitions did not agree but will hear parties in chamber to decide on procedural modalities.
SC said they will not grant stay without proper consideration. The spectrum pf prayers for stay was nuanced: 1) Postpone NPR by 2 months, 2) Union should not notify rules under CAA, 3) Union should not give certificates of naturalisation (which are irreversible) till CAA is decided and 4) stay CAA (from Assam point of view). It is likely that a constitution bench will hear the interim stay after 4 weeks within which the centre must file counter affidavits.
The petitions filed by Assam Pradesh Congress Committee & Tarun Gogoi states that Assam and Tripura matters must not be segregated and heard separately. It is not desirable as the CAA can be challenged under Constitution only on two key grounds, 1) Constitutional competency and 2) it is against a Fundamental Right. Section 6A of Citizenship Act and Assam Accord (however emotive and real) does not make the cut unfortunately, it is an added legal issue.