The Implementation Journey of the CAA in India

Introduction

Weeks before the Lok Sabha Election the controversial 2019 Citizenship Amendment Act (CAA) was put into effect in India, it has sparked intermittent protests and a verbal spat between the opposition and Prime Minister Narendra Modi's government.

After the Citizenship Amendment Act (CAA) was passed by Parliament in December 2019, the Indian government issued the guidelines for the law, allowing it to take into effect.

A route to Indian citizenship is offered to migrants from Pakistan, Bangladesh, and Afghanistan who belong to the following six religious minorities: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian. This legislation is known as the Citizenship by Acceptance Act of 2019.

CAA 2024 Rules: Citizenship Amendment Rules 

• Application of the Citizenship Amendment Act of 2019:-The 2019 legislation, approved by Parliament, would be put into effect by the Citizenship Amendment Rules of 2024.

• Application Portal:- For this, the Ministry of Home Affairs has set up a portal.

• The year that the candidates entered India without proper documentation must be disclosed.

• CAA Implementation Delay:- The Citizenship Amendment Act (CAA) was enacted in 2019, but it was not put into effect right away since the regulations were not announced.

• Causes of the implementation's delay:- Widespread opposition to the law in states like Assam and Tripura has been blamed for the delay in its implementation.

About CAA 2019

• About:- The Citizenship Act of 1955 was amended by the Citizenship Amendment Act (CAA), a legislative act that was passed on December 11, 2019.

• Citizenship to Religious Minorities:- Up until December 31, 2014, this amendment permitted the granting of Indian citizenship to religious minorities, such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who had fled religious persecution in neighbouring Muslim-majority countries like Pakistan, Bangladesh, and Afghanistan.

• Reduced Duration of Indian Residency:- By the act, the government has shortened the duration of residency to five years for a particular type of undocumented migrant.

• Union List:- The Union List established by the Constitution places Indian citizenship under the sole purview of Parliament.

• Compared to the former requirement of 11 years for citizenship by naturalisation, this is a significant reduction.

Citizens of India

• The Indian State is their home, and they must serve it. They are entitled to all political and civil rights.

• Part II of the Constitution addresses citizenship in articles 5 through 11.

• Citizenship in India can be obtained by birth, descent, naturalization, registration, or territorial annexation.

• As per the Citizenship Act, of 1955, a foreign individual who is not an illegal immigrant and has been a regular resident of India for twelve years (including the twelve months leading up to the application date and eleven years total during the fourteen years) may obtain Indian citizenship through naturalization.

• This 11-year minimum was lowered to five years by the CAA 2019.

What Are Citizenship Amendment Rules?

• Regarding:- For persons qualified under the Citizenship Amendment Act of 2019, the CAA 2024 regulations now offer a framework for the application procedure.

• Application Procedure:- All eligible individuals under the Citizenship (Amendment) Act (CAA), 2019 will be able to submit their applications online to an Empowered Committee via a District Level Committee, as may be notified by the Central Government, through the Citizenship Amendment Rules 2024.

• Those of Indian descent, Indian citizen spouses, Indian citizen minor children, Indian citizen individuals with registered Indian citizen parents, and holders of Overseas Citizens of India Cards are among the eligible applicants.

• Acceptable Documents:- These comprise birth certificates, lease agreements, identity documents, and any licenses, diplomas, or certificates of education granted by Afghan, Pakistani, or Bangladeshi official agencies.

• The candidates will need to present an "eligibility certificate" attesting to their membership in the "Hindu/Sikh/ Buddhist/ Jain/ Parsi/ Christian community and their continued membership in the aforementioned community," which must be given by a "locally reputed community institution."

Citizenship Act of 1955

• An Indian citizen by birth is any person born in India on or after January 26, 1950, and up until July 1, 1987.

• An Indian citizen is someone born on or after July 1, 1987, but before the start of the Citizenship (Amendment) Act, 2003, and who at the time of his birth had one or both of his parents being an Indian citizen.

• Additionally, anyone born after the Citizenship (Amendment) Act, of 2003 went into effect and whose parents were both Indian nationals at the time of their birth is considered an Indian citizen.

• Assam was the only state where this did not apply, since per the 1985 Assam Accord, foreigners who entered the state before March 24, 1971, were to be granted Indian citizenship by regularization.

• Section 14A of the Citizenship Act of 1955 states in sub-section (1) that "Every Indian citizen may be compulsorily registered and issued a national identity card by the Central Government.”

Arguments of the Supreme Court

• Standards for Preserving Equality Regarding Article 14:- The Supreme Court has confirmed that to maintain equality, any law that is challenged under

• Article 14 must effectively negotiate two legal requirements:-

• An "intelligible differentia" must be the foundation for any group distinction.

• This distinction needs to make sense of the goal that the law is trying to achieve.

• Examining the Rules:- Pakistan, Afghanistan, and Bangladesh are Islamic countries where the overwhelming population is Muslim, which is the government's rationale for removing Muslims from the list of "persecuted" minorities.

• Whether these three nations were deliberately selected to exclude Muslims will be closely examined.

Intelligible Differentia: It refers to the reasonable and logical basis for classifying individuals into distinct groups for legislation.

Conclusion

The Citizenship Amendment Act (CAA) 2019, by selectively granting citizenship based on religious criteria, undermines the foundational principle of secularism enshrined in the Indian Constitution. To uphold the constitutional ethos of equality and non-discrimination, the CAA could be rendered religion-neutral, ensuring citizenship is extended to all migrants regardless of their religious affiliation. This approach would align with India's secular fabric, promoting inclusivity and upholding the principle of equal treatment under the law. By embracing a religion-neutral stance, the government would reaffirm its commitment to the secular ideals that form the cornerstone of India's democratic framework, fostering social cohesion and preserving the nation's pluralistic identity. Such a shift would address discrimination concerns and strengthen the constitutional values of unity, diversity, and equality for all individuals seeking citizenship in India.