Karnataka BJP to challenge PRC scheme legally, calls it unconstitutional
Synopsis
Key Takeaways
Karnataka Bharatiya Janata Party (BJP) President and MLA B. Y. Vijayendra on Saturday, 11 July declared that his party would explore legal options to challenge the constitutional validity of the Permanent Residence Certificate (PRC) being issued by the state's Congress government. Vijayendra described the PRC scheme as a 'devious strategy to protect illegal immigrants and consolidate its vote bank,' and announced plans to petition the Governor of Karnataka against what he termed a 'patently unconstitutional and illogical move.'
BJP's Legal and Constitutional Challenge
Vijayendra said he would shortly convene a meeting of the party's legal team to identify ways to challenge the PRC scheme in court. The BJP also intends to submit a formal petition to the Governor — as the constitutional head of the state — drawing his attention to what the party alleges is the state government's attempt to usurp powers vested exclusively in the Union government.
'We will approach the constitutional head of the state to draw his attention to the issue. We will not allow the Congress government to usurp the Centre's powers and authority in matters related to the Indian Citizenship Act,' Vijayendra stated.
Centre's Jurisdiction Argument
At the heart of the BJP's objection is a jurisdictional argument: Vijayendra contended that the power to determine citizenship — including the preparation of the National Register of Citizens (NRC) and the issuance of residency certificates — rests solely with the Union Ministry of Home Affairs (MHA). He argued that only the MHA can establish whether an individual is a bona fide citizen under the Indian Citizenship Act, and that a state government issuing PRCs directly encroaches on that authority.
'The task of determining citizenship under the Indian Citizenship Act rests solely with the Union Ministry of Home Affairs. I charge the Congress government with not only working at cross-purposes with the Union government but also usurping the powers and authority of the Centre solely for political considerations,' he said.
Congress Accused of Double Standards on NRC
Vijayendra also accused the Congress of contradicting its earlier stance on the NRC. He alleged that the party had vigorously opposed the BJP-led Centre's move to prepare the NRC when in opposition, yet was now issuing PRCs at the state level — a move he characterised as serving the same purpose while bypassing federal oversight.
'When the BJP government at the Centre wanted to exercise its constitutional right to prepare the National Register of Citizens, the Congress party opposed it and raised a hue and cry. Now, the Congress government in Karnataka is issuing PRCs, which are totally unconstitutional and patently illogical,' Vijayendra added.
SIR Exercise and Electoral Conspiracy Allegation
The BJP President further alleged that the timing of the PRC issuance — coinciding with the ongoing Special Intensive Revision (SIR) exercise for electoral rolls — points to a political conspiracy. He charged the state government with seeking electoral dividends by shielding illegal immigrants and expanding its voter base ahead of future elections. The Congress government has not yet publicly responded to these specific allegations.
The BJP has indicated it will pursue the matter both politically and through the courts, with the legal team meeting expected to determine the precise grounds and forum for any challenge.