Thread by @barandbench

#SupremeCourt Constitution Bench led by Chief Justice of India DY Chandrachud to hear batch of petitions regarding Sections 3(1)(a) and 6A of the Citizenship Act.

#citizenship #nrc

SG Mehta: AG is in court 2. We have proposed some issues. we have bifurcated the matters in 3 categories. #citizenship #nrc

SG Mehta: First concerns 6A of the citizenship act. Category 2 is the NRC issue where procedure, rules of NRC is challenged. Third category is the Foreigner tribunal issue. If category 1 can be taken up first, rest can be decided later by staggering

#citizenship #nrc

Sr Adv Kapil Sibal: We have also circulated our suggestions/ After issues are formulated we can argue on the same

CJI: Why dont you all sit for 15 mins and frame the issues and submit it to us

#citizenship #nrc

All Assam Students Union: in the ref order it was to be seen what the constitutional validity of the 6A being decided will have as an impact.. that is also a question framed by the AG

SG: In a writ jurisdiction can the court go into something which has happened 40 years ago. there is an aspect of delay also

Counsel: that aspect has been dealt by in the reference order. now question is the moulding of relief..

CJI: First 2issue will be:

>> Whether Section 6A of Citizenship Act 1955 suffers from any constitutional infirmity.

#NRC #Citizenship

CJI: SG you are saying that 6A is valid and it is also valid because a statute was in place to give effect to the accord.

Sibal: yes the Union is supporting this

CJI: yes we will not stop you from arguing that #citizenship

CJI: many of the issues are the shades of same question. we will not stop anyone from arguing points on statutory violation, being ultra vires of constitution. Please decide what you want to argue among yourselves so that there is no overlap

SG: Me and AG will adjust accordingly.

CJI: petitioners will argue first, then govt and then other respondents #NRC

CJI: for the purposes of preparing a common compilation of documents, precedents and legislations, we appoint Diksha Rai and Manish Goswami as nodal counsels. All the compilation to be circulated to all counsels. List after 4 weeks for hearing. February 7,2023

SG Mehta requests for a date in third week of February #NRC

CJI: List on February 14 then

Sr Adv Sibal: that is an auspicious day

#citizenship