Why Did Calcutta HC Decline to Act on the PIL Regarding CAA?
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Synopsis
The Calcutta High Court has refused to act on a PIL that claims the Centre is delaying CAA certificate issuances, affecting voting rights in upcoming elections. This decision raises questions about the intersection of governance and electoral rights.
Key Takeaways
- The Calcutta High Court declined to act on a PIL regarding CAA certificate delays.
- Delays may affect voting rights for many in West Bengal.
- The Union government promised to address the complaints within ten days.
- State governments are responsible for forwarding CAA applications.
- Judicial reluctance highlights the complexities of governance and electoral rights.
Kolkata, Nov 10 (NationPress) – A Division Bench of the Calcutta High Court on Monday decided not to intervene with the Public Interest Litigation (PIL) presented before the court, which accused the Centre of postponing the issuance of certificates under the Citizenship (Amendment) Act (CAA).
The petition contended that due to this delay in certificate issuance, affected individuals are unable to submit applications during the ongoing Special Intensive Revision (SIR) of the Election Commission of India (ECI) in 12 Indian states and Union Territories, including West Bengal.
Following the hearing on Monday, the Division Bench, led by Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee, indicated that the submissions could not be entertained under the PIL.
The PIL, filed by a Non-Government Organisation (NGO), argued that while the Union Government is delaying the issuance of certificates under the CAA, the ECI is not accepting receipts for CAA applications as valid proof for the SIR.
The petitioner noted that this situation could potentially deny individuals their voting rights in the upcoming Assembly elections in West Bengal, slated for next year.
Conversely, the Union government’s legal representative assured the court that the complaints raised would be addressed within the next 10 days. Additionally, the Union Counsel alleged that the West Bengal government is also responsible for delaying the submission of applications under the CAA to the Centre.
According to procedure, the respective state government is expected to forward CAA applications to the Union government within 90 days. The state government’s lawyer countered that there have been cases where applicants chose to apply directly through the CAA portal rather than going through the local District Magistrates.
Point of View
It is essential to recognize the legal complexities surrounding the Citizenship (Amendment) Act. The Calcutta High Court's refusal to act highlights the judiciary's cautious approach in politically sensitive matters, balancing individual rights against governmental processes. This situation underlines the need for efficient governance to uphold democratic principles.
NationPress
29/12/2025
Frequently Asked Questions
What is the CAA?
The Citizenship (Amendment) Act (CAA) is a law in India that grants citizenship to non-Muslim minorities from neighboring countries.
Why was the PIL filed?
The PIL was filed to address the delays in granting certificates under the CAA, which the petitioners argue affects individuals' ability to vote.
What is the SIR?
The Special Intensive Revision (SIR) is a process conducted by the Election Commission of India to update electoral rolls.
What did the court say about the PIL?
The Calcutta High Court's Division Bench stated that the submissions raised in the PIL could not be entertained.
What are the implications of this decision?
This decision could potentially impact individuals' voting rights in the upcoming elections, underscoring the importance of timely governance.
