Rules under CAA not framed yet, MHA approaches parliamentary committees seeking more time

New Delhi: The Union Home Ministry has approached the parliamentary committees seeking more time for framing rules under the CAA through which the Modi government wants to grant Indian nationality to non-Muslim migrants from Bangladesh, Pakistan and Afghanistan.

"We have approached the parliamentary committees seeking more time. Hopefully, we will get the extension," PTI quoted a home ministry official.

The Citizenship Amendment Act was passed by Parliament on December 11, 2019, and the Presidential nod was received the next day. Subsequently, it was notified by the home ministry. However, the law is yet to be implemented as rules under the CAA are yet to be framed.

According to the Manual on Parliamentary Work, the rules for any legislation should have been framed within six months of presidential assent or seek an extension from the Committees on Subordinate Legislation, Lok Sabha and Rajya Sabha.

Since the home ministry could not frame rules within six months of the enactment of the CAA, it sought time for the committees five times. The fifth extension came to an end on January 9.

The MHA had sought time to frame rules first in June 2020 and then four more times. It had sought time till April 9, 2021, and then July 9, 2021, from the committees to notify the rules, which are to be published in the Gazette of India.

As per the Manual on Parliamentary Work, in case the Ministries/Departments are not able to frame the rules within the prescribed period of six months after a legislation is passed, "they should seek an extension of time from the Committee on Subordinate Legislation stating reasons for such extension" which cannot be more than three months at a time.

However, last time the extension was granted for six months. Without the rules being framed, the Act cannot be implemented.

Meanwhile, an official in the Rajya Sabha confirmed to The Hindu that the Home Ministry had made a request but no decision had been taken yet to grant the extension as the Chairman of the Committee on Subordinate Legislation- Partap Singh Bajwa was travelling due to Punjab elections.

Quoting an official, The Hindu also reports that the committee in the Lok Sabha has granted time to frame rules in November last. The committee's chairman in the Lok Sabha is YSR Congres's Balashowry Vallabbhaneni.

The Union government has already made it clear that the Indian citizenship to the eligible beneficiaries of the CAA will be given only after rules under the legislation are notified.

The CAA provides citizenship on the basis of religion to six undocumented non-Muslim communities from Pakistan, Afghanistan and Bangladesh who entered India on or before December 31, 2014. It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the Passport Act, 1920 if they entered India before December 31, 2014.

After the CAA was passed by Parliament, widespread protests were witnessed in different parts of the country leading to the deaths of nearly 100 people in police firing and related violence.