This article has been written by Anushree Jha from University of Mumbai, Thane Sub-Campus. Edited and published by Risha Fatema.

Table of Contents

Introduction:-

Since it was enacted, the Citizenship Amendment Act (CAA) has resulted in an immense amount of discussion and controversy. The Citizenship Act of 1955 was amended by the Indian Parliament in December 2019 with the objective of giving some religious minorities from neighbouring countries a route to Indian citizenship.

The Indian Parliament passed this piece of legislation in December 2019, which proposes changes to the Citizenship Act of 1955, mainly to make it easier for members of specific religious minorities living in nearby nations to become citizens of India. Supporters of the CAA hail it as a humanitarian effort to help marginalized communities, while opponents claim it is discriminatory and goes against the secular values contained in the Indian Constitution. The law has generated a great deal of debate. The goal of this comprehensive article is to explore the legal consequences of the CAA, as well as its goals, provisions, and related disputes.

An Overview of the Act:-

The Citizenship Amendment Act was introduced to give Indian citizenship to religious minorities from Bangladesh, Pakistan, and Afghanistan who have been under oppression. Its specific goal is to expedite the citizenship process for immigrants from six countries, despite their religion, whether Hindu, Sikh, Buddhist, Jain, Parsi, or Christian, who arrived in India on or before December 31, 2014.

Supporters of the CAA contend that it satisfies India’s moral duty to protect persecuted minorities and preserves the country’s legacy of doing so. They claim that the act is only a humanitarian gesture towards underprivileged people and has no bearing on the citizenship rights of Indian nationals.

In a nutshell, The Citizenship Act of 1955, which describes the many paths to becoming an Indian citizen, is amended by the Citizenship Amendment Act (CAA), 2019. The principal act of the CAA accelerates the process of naturalization for undocumented immigrants from Afghanistan, Pakistan, and Bangladesh who entered India on or before December 31, 2014, and who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. These people can petition for citizenship after just five years of living in India, and they are free from the usual eleven-year residency requirement for naturalization.

The CAA rationale rests on the assumption that these religious minorities faced religious oppression in their home countries. It aims to provide them with a pathway to citizenship and shield them from potential deportation. Notably, the CAA excludes Muslims from its view, raising concerns about its nature, whether it is discriminatory or not.

The Key Provisions under the CAA:-

The provisions given under the CAA are given below:-

The Act defines illegal immigrants:-

Under the CAA, certain groups are granted exceptions depending on their nationality and religion, changing the definition of unlawful migrants. It declares that residents of Afghanistan, Bangladesh, and Pakistan who are members of the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities will not be considered undocumented immigrants.

Eligibility for Citizenship:-

The Act offers eligible migrants from the aforementioned religious communities who arrived in India on or before December 31, 2014, a path to citizenship. These people are exempt from the customary need of having to live in India for at least 11 years prior to submitting an application for citizenship.

Ability to grant Citizenship:-

The Central Government has the power to award citizenship under the CAA, and it may use its discretion in this regard.

Protection from Legal Action:-

Under the Act, immigrants who enter India illegally or who overstay their visas are not subject to legal repercussions.

Citizenship by Naturalization:-

Qualifying immigrants can petition for Indian citizenship through the naturalization procedure, which necessitates meeting certain requirements set forth by the government and residing in India for a predetermined amount of time, of 5 years.

Legal Consequences of the CAA:-

The Citizenship Amendment Act has considerable legal consequences involving its conformity to the Indian Constitution and its suitability for international law standards. Major legal concerns pertaining to the CAA include:-

Validity under the Constitution:-

The Supreme Court of India has heard a challenge to the CAA’s validity. The Act is allegedly in violation of the fundamental rights protected by the Indian Constitution, such as the freedom of religion and equality, according to several petitions that have been submitted. The Supreme Court has not yet rendered a decision in this case.

Effect on Secularism and Equality:-

The CAA calls into question the Indian state’s secular foundation as well as its commitment to equality under the law. Opponents claim that the Act creates a hierarchy of citizenship privileges and threatens the nation’s secular fabric by giving citizenship selectively depending on religious identity.

Non-Conformation to International Standards:-

International Human Rights Treaties and Conventions that forbid discrimination based on religion are among the agreements to which India is a signatory. India’s international legal obligations, particularly those under the International Covenant on Civil and Political Rights (ICCPR) and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) may have been violated by the CAA’s discriminatory provisions, which have drawn immense criticism.

Concerns about Homelessness:-

If someone cannot verify their citizenship, the CAA and the planned implementation of the NRC and NPR raise concerns about the risk of making them homeless. Being homeless has major legal consequences since it robs people of their fundamental rights and puts them in danger of being arbitrarily detained and deported.

Arguments in favour of the CAA:-

The government argues that the CAA is not discriminatory in order to defend it: It provides the following reasons:-

Historical Context:-

Supporters point out that widespread religious migration resulted from the partition of India in 1947. The CAA is viewed as a response to the historical discrimination that non-Muslim minorities have faced in the surrounding nations.

Appropriate Categorization:-

According to the government, the CAA establishes a fair classification based on the particular instances of religious persecution that the communities it includes experience.

Not a Barrier to Another’s Citizenship:-

Supporters make it clear that while it might take longer, the CAA does not prohibit Muslims or anyone else from applying for citizenship through the current legal channels.

Controversies surrounding the Citizenship Amendment Act, 2019:-

Both nationally and internationally, the Citizenship Amendment Act has been the subject of intense debate and criticism. The main disagreements are as follows:-

Infringement of the Constitutional Principles:-

The CAA’s critics argue that by expressly favouring the immigration of particular religions over others, it violates the secular values established in the Indian Constitution. Opponents say that the Act violates the fundamental rights protected by the Indian Constitution’s Articles 14 (equality before the law) and 21 (protection of life and personal liberty). The constitutionality of the CAA has been contested in a number of challenges submitted to the Indian Supreme Court. They argue that the Act weakens the secular foundation of the country and discriminates against Muslim immigrants.

Biased approach:-

Critics bring attention to the CAA’s discriminatory nature, pointing out that it does not grant citizenship rights to religious minorities who face persecution, such as the Ahmadiyya Muslims of Pakistan and the Rohingya Muslims of Myanmar. They contend that the Act’s prejudiced intent is reflected in its selective or biased approach, which undercuts its alleged humanitarian goals.

Effect on the Assam Accord:-

With a long history of anti-immigrant prejudice, the northeastern state of Assam has expressed worries about the CAA. The Act’s opponents claim that it violates the 1985 Assam Accord, which sought to detect and expel illegal immigrants regardless of their religious affiliation. There is concern that the CAA may trigger a wave of immigration, changing the region’s demographic makeup.

Possibility of Statelessness:-

There are concerns that a large number of people, especially Muslims who are unable to provide the required documentation to prove their citizenship, may become stateless as a result of the CAA, the National Register of Citizens (NRC), and the planned nationwide implementation of the National Population Register (NPR).

Breach of International Law:-

International human rights organizations and foreign governments have denounced the CAA for what they claim to be a breach of international law principles. The Citizenship Amendment Act has drawn opposition from around the world, with a number of nations and organizations voicing worries about its discriminatory nature and possible ramifications for minority rights and religious freedom in India. The Indian government has been encouraged to respect its constitutional duties and to re-examine the Act by the United Nations and other human rights organizations.

Political Division:-

The enactment of the Citizenship Act (CAA) has intensified political division in India. While opposition parties and civil society organizations condemn the Act as discriminatory and polarizing, the ruling Bharatiya Janata Party (BJP) and its supporters defend it as a measure to protect persecuted minorities.

Possibility of Discriminatory Implementation:-

There are worries that the CAA’s implementation may cause religious minorities, especially Muslims, in India to face prejudice and marginalization. Opponents worry that the Act will widen the nation’s already-existing socio-religious divides and increase inter-communal conflicts.

The Controversies of Law:-

The Supreme Court of India has heard challenges to the CAA on a number of grounds. Some of them are given below:-

A breach of Article 14:-

The Indian Constitution’s Article 14, which protects equality before the law, is the main point of contention against the CAA. Opponents claim that the CAA discriminates against Muslims and other religious communities not covered by the Act by giving special consideration to particular religious communities for accelerated citizenship. They claim that this selectiveness violates the Constitution’s guaranteed equality.

Issues with the National Register of Citizens (NRC):-

The controversial National Register of Citizens (NRC) initiative, which seeks to identify unauthorized immigrants in India, is connected to the implementation of the CAA. Opponents worry that millions of Muslims who might not be able to verify their citizenship could be deported and their rights disenfranchised as a result of the combination of the NRC and CAA.

International legal obligations:-

According to some, the CAA violates India’s commitments made to other countries under refugee agreements and non-discrimination principles.

Kerala vs. Citizenship Amendment Act (CAA):-

Kerala has become the first state to challenge the centre by contesting the Act on Citizenship Amendment and raising questions against its implementation. The Keralan government sued the Supreme Court, claiming that the CAA Act is unconstitutional. Immigrants who identify as Hindu, Sikh, Buddhist, Jain, Parsi, or Christian but who are not Muslims are granted citizenship under the CAA from Pakistan, Afghanistan, and Bangladesh. Kerala claims that this is against both the freedom of religion and equality.

The Current Scenario:-

The ultimate decision regarding the constitutionality of the CAA has not yet been rendered by the Indian Supreme Court. There are still hearings as of March 14, 2024. The Court’s ruling will have a big effect on the CAA’s future as well as the rights of illegal immigrants in India. Beyond the Matters of Law, There is more to the CAA discussion than just legal disputes. It is becoming a focal point for more general fears related to immigration, religious minorities, and national identity. India has seen a surge in anti-CAA protests, which has sparked worries about potential violence and societal cohesiveness.

Conclusion:-

In India, the CAA has become a divisive piece of law. Though its goal of defending marginalized communities is admirable, the exclusion of Muslims from its purview gives rise to grave worries regarding its discriminatory nature and possible breach of fundamental rights. The outcome of the Supreme Court’s decision on the cases brought to it, in this regard, would be critical in deciding the fate of the Act and how it affects India’s social values. The CAA draws attention to the difficulties in striking a balance between issues of national security and the values of equality and religious tolerance. In a varied and multicultural democracy like India, the complex interactions between religion, citizenship, and constitutional values are highlighted by the legal disputes and arguments surrounding the CAA. It is unclear how the courts, civil society, and the global community at large will address this difficult and complicated matter as the CAA debate continues.