The Supreme Court today has sought Centre’s response on a plea of Assam student’s Union which has challenged 2019 Presidential Order which excludes the State of Assam from the ‘Inner Line Permit’ Area.
A bench comprising Chief Justice SA Bobde, Justice AS Bopanna and Justice Hrishikesh Roy however refused to grant ex parte stay on the presidential order while issuing notice to the Central Government.
The bench was hearing a petition filed by All Tai Ahom Student’s Union which has challenged the 2019 Presidential Order which has amended the Bengal Eastern Frontier Regulation (BEFR), 1873 denying the state an ‘inner line permit’ system to protect it from Citizenship Amendment Act.
Senior Advocate Vikas Singh appearing for the petitioner urged the Court to grant interim stay on the Presidential Order of December 11, 2019 amending BEFR, 1873.
The Petitioner Union has contended that the President had passed the order for amendment under Article 372 (2) of the Constitution, however as per Article 372 (3), the President has the power to do so for only three years from the date of enactment of the Constitution, that is till 1953. Hence the Presidential order according to the petitioner is unconstitutional.
An ‘inner line permit system’ is basically used to protect the indigenous population and prevent the settlement of other people from outside the state.
Following protests against the Citizenship Amendment Act, the Central Government announced that the Act will not be applicable in the States where ‘Inner Line Permit’ was required and also in the Sixth Schedule States.
The petitioner has urged that the state be provided with ‘inner line permit’ to protect it from Citizenship Amendment Act. The bench has listed the matter for next hearing after 2 weeks.
-India Legal Bureau