From Bill to Reality: Citizenship Law CAA Enacted After Four Years

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Introduction to Indian Citizenship Amendment Act, 2019

The Citizenship Amendment Bill was presented to Parliament on July 15, 2016, proposing amendments to the Citizenship Act, of 1955. On December 11, 2019, the Rajya Sabha approved the Bill with 125 votes in favor and 99 against. This marked the first instance of citizenship being granted on religious grounds to six communities from Pakistan, Afghanistan, and Bangladesh. Shortly after, then President Ram Nath Kovind endorsed the Bill, enacting it into law. Implemented by the Indian government, this law aimed to modify the country's citizenship regulations. Its primary objective was to simplify the citizenship acquisition process for minority communities from neighboring nations, with Muslims notably excluded. The enactment of this legislation in 2019 sparked widespread protests and debates regarding its implications for the nation's secular principles.

The Citizenship (Amendment) Act (CAA) of 2019 has sparked significant debate and controversy since its inception. Enacted by the Indian government, the law aims to grant Indian citizenship to persecuted religious minorities from neighboring countries. However, its provisions and implications have been met with both support and opposition, leading to widespread discussions on its impact on India's social fabric and constitutional principles.

The Purpose and Key Provisions of the Act

The primary aim of the Indian Citizenship Amendment Act, 2019, is to provide a route to Indian citizenship for persecuted minorities originating from Pakistan, Bangladesh, and Afghanistan. The act outlines provisions specifically catering to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from these nations, simplifying their pathway to Indian citizenship. Opponents of the legislation contend that it is discriminatory and violates the Constitution by omitting Muslims, whereas the government maintains it is a vital step to safeguard vulnerable minorities.


Arguments for the Act

Safeguarding Vulnerable Communities

Advocates of the Indian Citizenship Amendment Act contend that it plays a crucial role in safeguarding persecuted minorities from neighboring countries. By facilitating a route to Indian citizenship for these individuals, the government maintains that it is extending a lifeline and refuge to those who have endured religious persecution in their native lands. This action is perceived as a humanitarian gesture, with the intention of shielding marginalized groups and affording them an opportunity for a secure existence.

Streamlining the Citizenship Process

Another significant feature highlighted by proponents of the legislation is the enhancement of the citizenship acquisition procedure for eligible candidates. Through the introduction of online application mechanisms, the government asserts its commitment to streamlining and accelerating the process, thereby eliminating administrative obstacles and enhancing accessibility for refugees seeking Indian citizenship. This strategy is perceived as a forward-looking measure aimed at promoting effective governance and addressing humanitarian concerns promptly.

Arguments Against the Act

Allegations of Discrimination

Opponents of the legislation argue that its discriminatory nature is evident in the explicit exclusion of Muslims from the roster of eligible communities for streamlined citizenship. This selective approach has triggered widespread allegations of the act's violation of constitutional principles and its departure from India's secular ethos. The emphasis on religion as a determinant for citizenship is perceived as a departure from the nation's historically secular standpoint, prompting apprehensions regarding the marginalization of Muslim populations within India.

Constitutional and Legal Challenges

The Indian Citizenship Amendment Act has encountered substantial constitutional and legal opposition. Opponents contend that its religious discrimination infringes upon the principle of equality before the law, a fundamental right safeguarded by the Indian Constitution. Legal scholars and opposition factions have raised doubts about the act's alignment with constitutional principles, prompting a succession of legal disputes and petitions lodged in the Supreme Court of India contesting its legality.

Citizenship Amendment Rules, 2024

Delay in CAA notification

The delay primarily stems from two factors: the eruption of widespread protests across various regions of the nation, resulting in confrontations between demonstrators and authorities, and the spread of the COVID-19 pandemic, which struck India in March 2020. According to the Manual on Parliamentary Work, regulations for any legislation should be formulated within six months of receiving Presidential assent or request an extension from the Committees on Subordinate Legislation in both Lok Sabha and Rajya Sabha. Since 2020, the Union home ministry has been seeking extensions periodically.

CAA notification

Initially, The regulations within the Citizenship Act of 1955 prohibited the presence of illegal migrants in India. Individuals who entered the country without proper travel documentation or overstayed their permitted duration were classified as foreigners and were subject to deportation. Furthermore, they were ineligible to acquire Indian citizenship.

The government introduced the CAA as facilitating legislation for Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants—referred to as minorities—from Afghanistan, Bangladesh, or Pakistan, provided they fled these "Islamic Republics" due to religious persecution and arrived in India before 2015. The CAA also provides these migrants with immunity from legal proceedings for unlawfully entering India or overstaying their permitted duration. Previously, under the old law, migrants had to reside in India for "not less than 11 years" to qualify for citizenship. The CAA has reduced this requirement to "not less than five years" for eligible persecuted minorities.

According to media reports, the Ministry of Home Affairs has introduced a portal for applying for Indian citizenship under the Citizenship (Amendment) Act 2019. The unveiling of the portal occurred one day after the government's notification of the CAA rules.

Below are the main points to note from the rules of the Citizenship Amendment Act:

Who is Eligible to Apply for Citizenship under Section 6B?

Requests for citizenship through registration or naturalization will only be considered if:

  • The individual has an Indian heritage.
  • The individual is wedded to an Indian citizen.
  • The individual is a minor offspring of an Indian citizen.
  • The individual's parents are documented as Indian citizens.
  • The individual or one of their parents was a citizen of India post-independence.
  • The individual is enrolled as an Overseas Citizen of India (OCI) Cardholder.

Additional documents are necessary for the application process:

According to the new regulations, applicants seeking Indian citizenship must provide two specific documents. An affidavit from an Indian citizen affirming the applicant's character is required. Moreover, the applicant must demonstrate proficiency in one of the languages specified in the Eighth Schedule of the Constitution.

An individual's request for citizenship by naturalization, meeting the qualifications outlined in the Third Schedule, is made through Form VIIIA. This form entails:

  • An affidavit confirming the accuracy of the information provided in the application, accompanied by an affidavit from an Indian citizen endorsing the applicant's character.
  • A declaration from the applicant affirming their proficiency in one of the languages listed in the Eighth Schedule of the Constitution.
According to the regulations, proficiency in the language can be demonstrated by speaking, reading, or writing it.

Procedure to acquire citizenship as per CAA rules 2024

  1. An individual seeking registration or naturalization under section 6B must electronically submit their application to the Empowered Committee through the District Level Committee designated by the Central government.
  2. The District Level Committee, led by the Designated Officer, shall verify the applicant's submitted documents and application.
  3. The Designated Officer will administer the oath of allegiance to the applicant as outlined in the Second Schedule to the Citizenship Act, 1955 (57 of 1955). Subsequently, they will sign the oath of allegiance and electronically forward it, along with confirmation of document verification, to the Empowered Committee.
  4. If an applicant fails to appear in person to submit the application and take the oath of allegiance despite being given reasonable opportunities, the District-Level Committee will forward the application to the Empowered Committee for potential refusal.
  5. The Empowered Committee mentioned in Rule 11A has the authority to review the application for citizenship by registration or naturalization submitted by an applicant under section 6B. This review ensures that the application is comprehensive and that the applicant meets all the requirements outlined in section 6B.
  6. If, after conducting any necessary inquiries to determine the applicant's suitability, the Empowered Committee is satisfied that the individual is suitable to be registered or naturalized as a citizen of India, they may grant citizenship to the applicant.

Conclusion

The Citizenship (Amendment) Act of 2019 continues to be a subject of intense debate and scrutiny in India. While proponents laud it as a humanitarian gesture towards persecuted minorities, opponents condemn it as discriminatory and divisive. As the country grapples with the complexities of citizenship and identity, the CAA remains a focal point for discussions on secularism, pluralism, and social justice in India.


Location: Bengaluru, Karnataka, India

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