citizenship amendment act essay

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Essay on CAA (Citizenship Amendment Act): History, New Rules, and More

Updated on
Mar 14, 2024

Essay on CAA: The Indian Parliament passed the Citizenship Amendment Act on 11th December 2019 after long debates. CAA will provide Indian citizenship to the 6 minority communities of Afghanistan, Bangladesh, and Pakistan, who have been living illegally in India. These 6 communities are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. Opposition, on the other hand, has claimed that the CAA is unconstitutional and will deprive the rights of citizenship.

Essay on CAA is often asked in academic tests and competitive tests. You need to understand all the dimensions of this newly enacted law to secure better marks. This page will discuss the history of the Citizenship Amendment Act, the new rules added by the Indian Government, and other important details. Stay tuned!

Check out our 200+ Essay Topics for School Students in English

This Blog Includes:

Important points of the caa, history of the citizenship amendment act, caa new rules, is caa unconstitutional, why is caa controversial, what will be the outcomes of the caa.

The CAA will benefit thousands of Hindus, Christians, Sikhs, Buddhists, Jains, and Parsis, who have been living in India illegally or on long-term visas (LTV).
CAA is only applicable to people who entered India illegally before 31st December 2014.
Individuals with any criminal records will not be eligible for Indian citizenship under the Foreigners Act, of 1946 and the Passport Act, of 1920 .
These two acts specify punishments for entering or residing illegally in India or staying after the expiration of their visas.
The Muslim community has been excluded from the CAA since the above-mentioned countries are Muslim-majority countries.

The Citizenship Amendment Bill was introduced in the Lok Sabha (House of Commons) in 2016 as an amendment to the Citizenship Act of 1955. The Joint Parliamentary Committee concluded its report on the CAA Bil on 7th January 2019. On 8th and 11th January 2019, the CAA Bill was passed by the Lok Sabha and the Rajya Sabha and was sent for the President’s assent.

The Citizenship Amendment Act will provide Indian citizenship to 6 communities of India’s three neighboring countries; Afghanistan, Bangladesh, and Pakistan, who are minorities in their country. These 6 communities are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians.

Indian citizenship will be provided to only those individuals who have been residing in India before 21st December 2014.

On 11th March 2024, the Indin Government revised the rules of the Citizenship Amendment Act of 2019. These new rules will help in the implementation of this much-awaited controversial law. According to the CAA’s new rules, individuals belonging to any of these 6 communities must have the following documents issued by their country of origin:

Birth or Educational Institution Certificate.
Identification Card (of any kind).
Any license or certificate.
Land or tenancy records or any other official documents where their name and age are mentioned.

These documents are necessary to prove that the individual was once a resident of that country. Moreover, it will provide a sense of belonging to their identity.

*The documents listed above are not required for children in the age group of 5 to 11 years. This act relaxed the resident requirement for the neutralization of these children.

Shiva Tyagi

With an experience of over a year, I've developed a passion for writing blogs on wide range of topics. I am mostly inspired from topics related to social and environmental fields, where you come up with a positive outcome.

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Largest Compilation of Structured Essays and Exams

Essay on CAA (Citizenship Amendment Act)

December 29, 2019 by Leya 2 Comments

On 12 th December 2019, the President of India, Ram Nath Kovind, gave the nod to the Citizenship Amendment Bill that subsequently became an Act. The CAA (Citizenship Amendment Act) has since been the topic of intense debates and aggrieved breakouts throughout the country.

Here, we provide you long and short essays on CAA that decode the provisions in the Act and clarify the reasons for the uprising the country is currently witnessing.

Table of Contents

What is Citizenship Amendment Act (CAA)? Long essay in 500 words

The Citizenship Amendment Act (CAA) looks to amend the status of illegal immigrants in India. This is specifically beneficial to Hindu, Sikh, Buddhist, Jain, Parsi and Christian immigrants from Bangladesh, Afghanistan and Pakistan, who have been living in the country without any valid documents. All such immigrants who have faced religious persecution in their originating countries and subsequently moved to India till December 2014 will be provided Indian citizenship.

Earlier, immigrants who belonged to these three countries and six religions were mandated to stay in India for at least 11 years before being approved for Indian citizenship. Now, the law has been amended so that the duration of residency is only 5 years.

Is the Citizenship Amendment Act applicable to all states?

CAA is not applicable to regions that fall under the sixth schedule of the Constitution, i.e., tribal areas of Tripura, Assam, Meghalaya and Mizoram. States like Arunachal Pradesh, Mizoram and Nagaland that have Inner Line Permit regime are also excluded from this Act.

Why has the CAA been criticised by opposition parties?

The leading opposition parties in India have highlighted that the law is discriminatory as Muslim immigrants are not included in the list of communities that can benefit from the Act.

The opposition indicated that Muslims constitute close to 15% of the Indian population, and this Act leaves out immigrants from that community. Hence, it was criticised as being unsecular.

The Indian government clarified that Muslims were not persecuted minorities in the Islamic countries of Pakistan, Afghanistan and Bangladesh. The government said that the Act looks to provide relief specifically to persecuted minorities; hence, Muslims were not included in the list of beneficiaries.

Post partition, people belonging to various faiths have been residents of these three countries and have been at the receiving end of religious hostility. Their right to practise and preach the religion of their choice has been curbed for years. Such oppressed communities have sought refuge in India since a very long time. The government is looking to provide them relief through the CAA.

The government may also examine applications from other communities and assess the validity of these requests on a case to case basis.

What kind of criticism did the Act receive from the citizens of India?

Various political parties have opposed the Act and pointed out that this proposal provides citizenship on the basis of religion. Indian citizens (particularly students) have also resorted to protests across the country. The protests in Meghalaya, Assam, Mizoram, Sikkim, Nagaland, Tripura and Manipur have grabbed media attention.

The protestors in these North-Eastern states are of the opinion that these illegal immigrants will be a burden to the resources of these states and also threaten employment opportunities for the current citizens. They have also pointed out that the Act does not conform to the Assam Accord of 1985 that indicates 24 th March 1971 to be the cut-off date for the deportation of all immigrants who have illegally entered India.

The home ministry has not yet notified the rules that will make this Act operational. There are several petitions against the Act that will be heard in the Supreme Court in January 2020.

CAA Essay – Short essay in 300 words

The Citizenship Amendment Bill was approved by the Indian President on 12 th December 2019. This went on to become an Act.

The Citizenship Amendment Act (CAA) is expected to benefit persecuted immigrants from Pakistan, Afghanistan and Bangladesh who belong to the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities. According to the Act, if these immigrants have sought refuge in India on or before 31 st December 2014, they will be given Indian citizenship.

Before the CAA came into effect, these illegal immigrants had to reside in the country for at least 11 years to be able to apply for citizenship. The CAA has now modified this duration of residency to 5 years.

Is CAA applicable to all states in India?

Citizenship Amendment Act will not be applicable to the tribal areas of Tripura, Assam, Meghalaya and Mizoram, as these regions fall under the sixth schedule of the Constitution. Mizoram, Arunachal Pradesh and Nagaland will also be excluded from the CAA as these states have Inner Line Permit regime.

Why was the Citizenship Amendment Act criticised?

The leading opposition parties led the protest against the CAA. They pointed out that the Act was discriminatory and unsecular as immigrants from Muslim communities were left out from the list of beneficiaries.

The Indian government clarified that the Act proposed to provide relief to persecuted minorities in the Islamic countries of Pakistan, Bangladesh and Afghanistan. Since Muslims were unlikely to be persecuted communities there, the Act does not cover them.

There were widespread protests in the North-Eastern states of India as well. Protestors are of the opinion that these illegal immigrants will strain the economic, social and political fabric of the North-Eastern states. They may also be a threat to the employment opportunities for the indegenous residents in these regions.

The home ministry has not yet made the Act operational as there are several petitions against it.

Image by Kurious from Pixabay

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Citizenship Amendment Bill 2019

Citizenship Amendment Act 2019 (CAA) - Bill Explained in Detail for UPSC

The Citizenship Amendment Bill (CAA Bill) was first introduced in 2016 in Lok Sabha by amending the Citizenship Act of 1955. This bill was referred to a Joint Parliamentary Committee, whose report was later submitted on January 7, 2019. The Citizenship Amendment Bill was passed on January 8, 2019, by the Lok Sabha which lapsed with the dissolution of the 16th Lok Sabha. This Bill was introduced again on 9 December 2019 by the Minister of Home Affairs Amit Shah in the 17th Lok Sabha and was later passed on 10 December 2019. The Rajya Sabha also passed the bill on 11th December.

The CAA was passed to provide Indian citizenship to undocumented immigrants who entered India on or before 31st December 2014. The Act was passed for migrants of six different religions such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan. Any individual will be considered eligible for this act if he/she has resided in India during the last 12 months and for 11 of the previous 14 years. For the specified class of undocumented immigrants, the number of years of residency has been relaxed from 11 years to five years.

Citizenship Amendment Act (CAA) covers an important part of the UPSC Syllabus . Candidates can also download the PDF notes at the end of this article.

Citizenship Amendment Act 2019 (CAA) Download PDF Here

Citizenship Amendment Bill 2019 gets Parliament’s nod.

What is Citizenship?

Citizenship defines the relationship between the nation and the people who constitute the nation.
It confers upon an individual certain rights such as protection by the state, right to vote, and right to hold certain public offices, among others, in return for the fulfilment of certain duties/obligations owed by the individual to the state.

Citizenship in India

The Constitution of India provides for single citizenship for the whole of India.
Under Article 11 of the Indian Constitution, Parliament has the power to regulate the right of citizenship by law. Accordingly, the parliament had passed the Citizenship act of 1955 to provide for the acquisition and determination of Indian Citizenship.
Entry 17, List 1 under the Seventh Schedule speaks about Citizenship, naturalization, and aliens. Thus, Parliament has exclusive power to legislate with respect to citizenship.
Then, spurred by the populist movements alleging massive illegal migrations from Bangladesh, citizenship laws were first amended to additionally require that at least one parent should be Indian.
In 2004 , the law was further amended to prescribe that not just one parent be Indian; but the other should not be an illegal immigrant.

To know more about citizenship in India , refer to the linked page.

Who is an illegal migrant in India?

Under the Act, an illegal migrant is a foreigner who:

Enters the country without valid travel documents like a passport and visa, or
Enters with valid documents, but stays beyond the permitted time period.

Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.

Read about Migration & India in the linked article.

The scenario before the passing of the Act

The Foreigners Act and the Passport Act debar such a person and provide for putting an illegal migrant into jail or deportation.
Section 5 (a) of Citizenship act of 1955 : A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
And they should have lived in India continuously for 12 months before submitting an application for citizenship.
Under the Citizenship Act, 1955, one of the requirements for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.

What the Act intends to do?

The Citizenship Amendment Act 2019 aims to make changes in the Citizenship Act, the Passport Act, and the Foreigners Act if undocumented immigrants belong to religious minority communities from three neighbouring countries of Bangladesh, Pakistan, and Afghanistan.

Features of CAA 2019

The legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”. It aims to protect such people from proceedings of illegal migration.
The amendment relaxes the requirement of naturalization from 11 years to 5 years as a specific condition for applicants belonging to these six religions.
The cut-off date for citizenship is December 31, 2014 , which means the applicant should have entered India on or before that date.
Such persons shall be deemed to be citizens of India from the date of their entry into India, and
All legal proceedings against them in respect of their illegal migration or citizenship will be closed.
It also says people holding Overseas Citizen of India (OCI) cards – an immigration status permitting a foreign citizen of Indian origin to live and work in India indefinitely – can lose their status if they violate local laws for major and minor offences and violations.
These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.
It will also not apply to the areas under the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873 .

It is against Muslims

It fails to allow Shia, Balochi, and Ahmadiyya Muslims in Pakistan and Hazaras in Afghanistan who also face persecution, to apply for citizenship.
A key argument by the critics against the CAA is that it will not extend to those persecuted in Myanmar and Sri Lanka, from where Rohingya Muslims and Tamils are staying in the country as refugees.

It violates Article 14

The CAA is in the teeth of Article 14, which not only demands reasonable classification and a rational and just object to be achieved for any classification to be valid but additionally requires every such classification to be non-arbitrary .
One of the criticisms is that this Act is an instance of class legislation, as classification on the ground of religion is not permissible.

Why North East is objecting to CAA?

In the Northeastern states , the prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties, including fears of demographic change , loss of livelihood opportunities, and erosion of the indigenous culture.
The Assam Accord, signed between the then Rajiv Gandhi-led central government and the All Assam Students’ Union (AASU), had fixed March 24, 1971, as the cutoff date for foreign immigrants. Those illegally entering Assam after this date were to be detected and deported, irrespective of their religion.
The Citizenship Amendment Act moved the cutoff date for six religions to December 31, 2014, something that is not acceptable to the Assamese-speaking people in Brahmaputra Valley, who insist that all illegal immigrants should be treated as illegal.
Also, since these will be legitimate citizens, there will be more people joining the queue of job hopefuls that can potentially lower opportunities for the indigenous and the locals.
There is a view that illegal immigrants, who will eventually become legitimate citizens, will be determining the political future of the state.

Other issues surrounding CAA

CAA does not consider Jews and atheists. They have been left out of the Act.
A common history is not ground as Afghanistan was never a part of British India and was always a separate country.
The reason stated in the ‘Statement of Objects and Reasons’ of the Act is that these three countries constitutionally provide for a “state religion”; thus, the Act is to protect “religious minorities” in these theocratic states.
Non-Buddhist missionary activity is limited, construction of non-Buddhist religious buildings is prohibited and the celebration of some non-Buddhist religious festivals is curtailed. Yet, Bhutan has been excluded from the list.
On the classification of individuals, the Act provides benefits to sufferers of only one kind of persecution, i.e. religious persecution neglecting others.
Religious persecution is a grave problem but political persecution is also equally existent in parts of the world. If the intent is to protect victims of persecution, the logic to restrict it only to religious persecution is suspect.
As per critics, the provisions of CAA might lead to a situation where a Rohingya who has saved himself from harm in Myanmar by crossing into India will not be entitled to be considered for citizenship, while a Hindu from Bangladesh, who might be an economic migrant and have not faced any direct persecution in his life, would be entitled to citizenship.
Similarly, a Tamil from Jaffna escaping the atrocities in Sri Lanka will continue to be an “illegal migrant” and never be entitled to apply for citizenship by naturalization.
There is also a reduction in the residential requirement for naturalization — from 11 years to five. The reasons for the chosen time frame have not been stated.

It is not against Muslims

In any case, since India follows the principle of non-refoulment (even without acceding to the Refugee Convention 1951), they would not be pushed back.
If a Shia Muslim is facing persecution and is in India seeking shelter, his case to continue to reside in India as a refugee shall be considered on its merits and circumstances.
With regard to Balochi refugees , Balochistan has long struggled to be independent of Pakistan and including Balochis in the CAA could be perceived as interference in Pakistan’s internal affairs.
The CAA, therefore, does not exclude Muslims from Pakistan, Bangladesh, and Afghanistan from applying for Indian citizenship. They can continue to do so in the same way singer Adnan Sami, for example, applied for citizenship.
It is important to note that even minorities shall not be granted automatic citizenship. They would need to fulfil conditions specified in the Third Schedule to the Citizenship Act, 1955, namely, the good character requirement as well as physical residence in India.
Salve stated that the countries specified in the CAA have their own state religion and Islamic rules. He added that Islamic-majority nations identify their people as those who follow Islam and those who do not. Addressing governance problems in neighbouring countries is not the purpose of the CAA.
Over the issue of Rohingyas, Salve stated that a law that addresses one evil does not need to address all the evils in all countries. It is notable here that Myanmar, though a Buddhist majority nation, does not have a state religion and Myanmar does not feature in the CAA bill.

The Act is not a violation of Article 14

Sovereign space

Thus in Trump v Hawaii No. 17-965, 585 U.S. (2018), the US Supreme Court upheld a travel ban from several Muslim countries holding that regulation of foreigners including ingress is a “fundamental sovereign attribute exercised by the government’s political departments largely immune from judicial control.”
Indian courts have generally followed similar reasoning. In David John Hopkins vs. Union of India (1997), the Madras High Court held that the right of the Union to refuse citizenship is absolute and not fettered by equal protection under Article 14 .
Similarly in Louis De Raedt vs. Union of India (1991), the Supreme Court held that the right of a foreigner in India is confined to Article 21 and he cannot seek citizenship as a matter of right.

With respect to North East

Citizenship Amendment Act does not dilute the sanctity of the Assam Accord as far as the cut-off date of March 24, 1971, stipulated for the detection/deportation of illegal immigrants is concerned.
The Citizenship Amendment Act is not Assam-centric. It applies to the whole country. The Citizenship Amendment Act is definitely not against the National Register of Citizens (NRC), which is being updated to protect indigenous communities from illegal immigrants.
Further, there is a cut-off date of December 31, 2014, and benefits under the Citizenship Amendment Act will not be available for members of the religious minorities who migrate to India after the cut-off date.

Historical Connections

The Act does not give a carte blanche to Hindus, Christians and Sikhs from other countries to come to India and get citizenship. Just these three countries. Why?
Because each of these has been civilizational ties with India. The circumstances in which they were partitioned from India have created a situation where Hindus and other minority populations have been dwindling ever since the partition took place.
Regarding including other countries in the neighbourhood the argument could be that we can deal with them separately if the need arises as we did in the case of persecuted Sri Lankan Tamils.

The parliament has unfractured powers to make laws for the country when it comes to Citizenship. But the opposition and other political parties allege this Act by the Government violates some of the basic features of the constitution like secularism and equality. It may reach the doors of the Supreme Court where the Supreme Court will be the final interpreter. If it violates the constitutional features and goes ultra-wires it will be struck down, if it is not we will continue to have the law.

But one most important thing is, that an equilibrium has to be attained by New Delhi as this involves neighbouring countries too. Any exaggerated attempt to host the migrants should not be at the cost of goodwill earned over the years. India being a land of myriad customs and traditions, the birthplace of religions and the acceptor of faiths and protectors of persecution in the past should always uphold the principles of Secularism going forward.

It was an agreement between the Governments of India and Pakistan regarding the Security and Rights of Minorities that was signed in Delhi in 1950 between the Prime ministers of India and Pakistan, Jawaharlal Nehru and Liaquat Ali Khan
The need for such a pact was felt by minorities in both countries following Partition, which was accompanied by massive communal rioting.
In 1950, as per some estimates, over a million Hindus and Muslims migrated from and to East Pakistan (present-day Bangladesh), amid communal tension and riots such as the 1950 East Pakistan riots and the Noakhali riots.

Under the Nehru-Liaquat pact

refugees were allowed to return unmolested to dispose of their property
abducted women and looted property were to be returned
forced conversions were unrecognized
minority rights were confirmed

What did India and Pakistan agree upon?

“The Governments of India and Pakistan solemnly agree that each shall ensure, to the minorities throughout its territory, complete equality of citizenship, irrespective of religion, a full sense of security in respect of life, culture, property and personal honour, freedom of movement within each country and freedom of occupation, speech and worship, subject to law and morality,” the pact said.
“Members of the minorities shall have equal opportunity with members of the majority community to participate in the public life of their country, to hold political or other offices, and to serve in their country’s civil and armed forces. Both Governments declare these rights to be fundamental and undertake to enforce them effectively.”
Amit Shah referred to the Nehru-Liaquat pact on a few occasions in Parliament to justify the Citizenship Act.

Frequently Asked Questions related to Citizenship Amendment Bill 2019

What is the new citizenship amendment bill 2019, is the nrc bill passed in india.

There are other important national issues that are important from current affairs’ perspectives:

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The Supreme Court is scheduled to hear the arguments on the constitutional validity of the Citizenship Amendment Act 2019.

Major Provisions of Act

However, the Act excludes Muslims.
Under CAA 2019 amendment, migrants who entered India by December 31, 2014, and had suffered “religious persecution or fear of religious persecution” in their country of origin, were made eligible for citizenship by the new law.
These types of migrants will be granted fast track Indian citizenship in six years. The amendment also relaxed the residence requirement for naturalisation of these migrants from eleven years to five.
The amendment relaxes the second requirement from 11 years to 6 years as a specific condition for applicants belonging to these six religions, and the aforementioned three countries.
Enters the country without valid travel documents like a passport and visa, or
Enters with valid documents, but stays beyond the permitted time period.
Exemptions: It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the Passport Act, 1920. The two Acts specify punishment for entering the country illegally and staying here on expired visas and permits.
Sixth Schedule : The provisions of the Act will not apply to the tribal areas of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and States of Arunachal Pradesh, Mizoram and Nagaland that are protected by the Inner Line Permit (ILP). Later, Manipur was added to the list of exempted States. This means that those “illegal” migrants who will be deemed Indian citizens through the Act will not be able to settle down in the exempted areas.

Governments Stand

The government has argued that the CAA does not discriminate on the basis of religion but provides relief to persecuted minorities in the region.
The CAA addresses the plight of the minorities affected by Partition. In its affidavit, the government has argued that under the 1950 Nehru-Liaquat Pact, India and Pakistan had promised “complete equality of citizenship” and “a full sense of security” to their religious minorities.
The failure of Pakistan and by extension today’s Bangladesh to honour this promise justifies targeting relief to non-Muslim refugees from these two countries.
According to the government the legislation is “ compassionate and ameliorative” and does not deprive any Indian of citizenship .
The present legal process of acquiring Indian citizenship by any foreigner of any category as provided in the Citizenship Act-1955 is very much operational and the CAA does not amend or alter this legal position in any manner whatsoever.
Hence, legal migrants of any religion from any country will continue to get Indian citizenship once they fulfil the eligibility conditions already provided in the law for registration or naturalisation.
The CAA does not affect the protection granted by the Constitution to indigenous population of northeastern states.
It will benefit non-Muslims excluded from the proposed citizens’ register, while excluded Muslims will have to prove their citizenship.
It aims to grant citizenship to minorities who have faced religious persecution in Muslim-majority foreign countries.

Challenges /Concerns

The protesters claimed that the law violates the Constitution as it aims to grant Indian citizenship on the basis of religion — barring Muslims.
Critics argue that it is violative of Article 14 of the Constitution, which guarantees the right to equality.
The prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties, including fears of demographic change, loss of livelihood opportunities, and erosion of the indigenous culture.
The protests, some of them violent, have created a law and order situation.
For instance, it does not define “persecution” or provide meaningful guidance about what beneficiaries will need to prove beyond their religious identity.
It is also unclear if Muslim immigrants would qualify under the CAA if they convert to Hinduism.

What happens next

The Supreme Court will have to ensure that all pleadings, written submissions are filed and served to the opposite party before it is listed for final hearing.
The first question for the Supreme Court is whether this “religious test” for Indian citizenship is arbitrary and discriminatory.
The Court will have to carefully consider if excluding long-term refugees and their Indian-born children from Indian citizenship, who do not have meaningful recourse to any other country’s citizenship, violates the rights they enjoy as persons under the Constitution.
The “religious test” of citizenship under CAA will also have to be assessed on how it alters our constitutional identity as a secular and inclusive polity that belongs to all its citizens irrespective of their religious faith.
The Supreme Court will have to consider whether under the law it should take the government’s claims at face value or inquire deeper into its motives.

Citizenship Amendment Act 2019: Why are people opposing it?

Those who oppose the Citizenship Amendment Act feel that the new provisions are against the secular foundations of the Indian Constitution. They believe the Amendments made are ethically wrong.

There are also apprehensions in some sections that the Citizenship Amendment Act 2019, followed by the National Register of Citizens (NRC) is to alter the voters’ profile and majority sentiments in favor of the ruling party.

Natives of north-east India, who are most affected by the problems of illegal migration , are against the whole idea of giving citizenship to illegal migrants, irrespective of their religion.

Government’s Clarification on Citizenship Amendment Act 2019

The Ministry of Home Affairs (MHA) has released a clarification of the Central Government on the issue. The questions and answers published by the Press Information Bureau (PIB) are reproduced below.

Does the CAA affect any Indian citizen?

No, it has absolutely nothing to do with any Indian citizen in any way. The Indian citizens enjoy fundamental rights conferred on them by the Constitution of India . No statute, including the CAA, can abridge or take them away. There has been a misinformation campaign. The CAA does not affect any Indian citizens, including Muslim citizens.

Who does the CAA apply to?

It is relevant only for Hindu, Sikh, Jain, Buddhist, Parsi, and Christian foreigners, who have migrated from Pakistan, Bangladesh, and Afghanistan into India up to 31.12.2014, on account of persecution faced by them due to their religion. It does not apply to any other foreigners, including Muslims migrating to India from any country, including these three countries.

How does it benefit Hindu, Sikh, Jain, Buddhist, Parsi, and Christian foreigners hailing from these three countries?

If their travel documents like passport and visa are not in order or are not available, they can apply for Indian citizenship if they were persecuted back home. The CAA creates this legal right for such migrants. Secondly, they get a faster route to Indian citizenship through the Naturalisation Mode. The minimum residency requirement in India would be only 1+5 years instead of 1+11 years as applicable for all other categories of foreigners.

Does this mean that Muslims from Pakistan, Bangladesh, and Afghanistan can never get Indian citizenship?

No, the present legal process of acquiring Indian citizenship by any foreigner of any category through Naturalization (Section 6 of the Citizenship Act) or through Registration (Section 5 of the Act) stays operational. The CAA does not amend or alter it in any manner whatsoever. Hundreds of Muslims migrating from these three countries have been granted Indian citizenship during the last few years. If found eligible, all such future migrants shall also get Indian citizenship, irrespective of their numbers or religion.

In 2014, after the settlement of Indo-Bangladesh boundary issues, 14,864 Bangladeshi citizens were given Indian Citizenship when their enclaves were incorporated into the territory of India. Thousands of these foreigners were Muslims.

Will illegal Muslim immigrants from these three countries be deported under the CAA?

No, the CAA has absolutely nothing to do with the deportation of any foreigner from India. The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946, and/or The Passport (Entry into India) Act, 1920. These two laws govern entry, movement within India, and exit from India of all foreigners irrespective of their religion or country.

Therefore, the usual deportation process would apply to any illegal foreigner staying in India. It is a well-considered judicial process that is based on a proper inquiry by the local police or administrative authorities to detect an illegal foreigner. It is ensured that such an illegal foreigner has been issued a proper travel document by the embassy of his country so that he can be duly received by officials of his country when he is deported.

In Assam, the process of deportation happens only after the determination of such a person as a “foreigner” under The Foreigners Act, of 1946. Then he becomes liable for deportation. Therefore, there is nothing automatic, mechanical or discriminatory in this exercise. The state governments and their district-level authorities enjoy the power of Central Govt. under Section 3 of the Foreigners Act and Section 5 of The Passport (Entry into India) Act, 1920 to detect, detain & deport any illegal foreigner.

Can Hindus facing persecution on grounds of religion in countries other than these 3 countries apply under the CAA?

No, they will have to apply through the usual process to get Indian Citizenship just like any other foreigner for either registration or naturalization as a citizen of India. They would get no preference under The Citizenship Act, of 1955, even after the CAA.

Does the CAA also cover other forms of persecution – on grounds of race, gender, membership of a political or social group, language, ethnicity, etc.?

No, the CAA is a very focused law that deals specifically with foreigners of six minority community groups hailing from three neighboring countries that have their distinct state religions. Any foreigner persecuted abroad on any account may apply for registration or naturalization as a citizen of India like any other foreigner if he fulfills the minimum qualifications laid down in The Citizenship Act, of 1955.

The CAA will gradually exclude Indian Muslims from the citizenship of India.

The CAA does not apply to any Indian citizen at all. All Indian citizens enjoy the fundamental rights guaranteed by the Constitution of India. CAA is not meant to deprive any Indian citizen of his citizenship. Rather it is a special law to enable certain foreigners facing a particular situation in three neighbouring countries to get Indian citizenship.

CAA will be followed by NRC and all migrants except Muslims will be given citizenship and Muslims will be sent to detention camps.

The CAA has nothing to do with NRC . The legal provisions regarding NRC have been part of The Citizenship Act, 1955 since December 2004. Also, there are specific statutory rules of 2003 to operationalize these legal provisions. They govern the process of registration of Indian citizens and the issuance of national identity cards to them. These legal provisions have been on the statute books for the last 15-16 years. The CAA has not altered them in any way whatsoever.

What are the rules for citizenship under CAA?

Appropriate rules under the CAA are being framed. They will operationalize various provisions of the CAA.

CAA – Myths and Facts in Perspective of North-East (Government’s Release)

The government of India has also released MythBusters in connection with CAA and North-East India.

Citizenship Amendment Act 2019: What is your opinion about CAA?

Do you agree with the logic of the Central government behind CAA and NRC?

As a UPSC aspirant , or a citizen of India, what is your opinion about the new amendments made to the Indian Citizenship Act of 1955?

Should refugees and illegal migrants be treated equally?

What should be India’s refugee policy?

Should there be a nationwide NRC, as announced by the Central Government of India? Considering the cost incurred in Assam (the first state where it was conducted), will it drain the financial and human resources of this country? Is the whole exercise of CAA and NRC necessary?

Are CAA and NRC diversion tactics by the government to take attention from the real problems of the country like economic slow-down, unemployment, and price-rise – as pointed out by many?

We at ClearIAS.com believe in diverse viewpoints and democratic debates. For that, you need the right information. With this information, you should analyze both sides of an issue – without any bias. Once that is done, you will be able to take a stand.

In the case of CAB, we have already presented both sides in one of our previous articles .

Post your opinion and analysis as comments.

Recent developments

2024: The Ministry of Home Affairs (MHA) on March 11 notified the Citizenship Amendment Rules, 2024 that would enable the implementation of the Citizenship Amendment Act (CAA) passed by the Parliament in 2019.

Though the legislation facilitates citizenship to undocumented people belonging to Hindu, Sikh, Buddhist, Parsi, Christian, and Jain communities from Pakistan, Bangladesh, and Afghanistan, the rules state that the applicants will have to provide six types of documents and specify “date of entry” in India.
The list of permissible documents includes birth certificates, tenancy records, identity papers, and any license, school, or educational certificate issued by a government authority in Afghanistan, Pakistan, and Bangladesh.
The applicants will have to produce an “eligibility certificate” issued by a “locally reputed community institution” confirming that he/she belongs to the “Hindu/ Sikh/ Buddhist/ Jain/ Parsi/ Christian community and continues to be a member of the above-mentioned community.”

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Reader Interactions

December 19, 2019 at 11:17 am

As per my view refugees and illegal immigrants should not be treated equally on par. When a person enters India without valid documents , then he must be prosecuted by proper Court of Law. It is not a good idea to grant these illegal immigrants citizenship only on basis of their religion. This CAA has changed the definition of *illegal immigrants*. 2nd:- The Central Government , used the word *humanitarian ground* to these religiously prosecuted individual. But , the CG should also consider other people who are prosecuted in these 3 countries. These include SHIA MUSLIMS IN PAKISTAN, AHMADIYAN MUSLIMS IN PAKISTAN , BIHARI MUSLIMS IN BANGLADESH and also other some minority sections of Muslims , whom they (those 3 countries) are reluctant to accept as Muslims. Due to religious prosecution these poor helpless Muslims are staying in temporary camps. When our Central Government is showing soft behavior towards non-muslims then why poor religiously prosecuted Muslims are excluded from the list??

3rd:- Our country is already facing the plight of poverty , price hike of edible things , unemployment , population explosion, intense pollution. In this crucial moment we need better infrastructure for our country to achieve our goal I.e. becoming a welfare national . It is not our duty to save only non- Muslims from religious prosecution. We expect from our Central Government to implement better infrastructure for students , youngmen , so that our own citizen can achieve something big. We need proper education for the children of our country. Still our education system is very poor in related to US , JAPAN etc. Even today our own girls , women are not safe in our nation, which is a biggest issue. And in this time when people are considering *EXTRA JUDICIAL KILLING-ENCOUNTER* as justice , the CG should realise the real fact that this is warning bell for our administration , execution as well as judiciary organs. People have lost faith on JUSTICE. CG should do something to bring back people’s faith on judiciary and justice. Sudden explosion of population would create problem for food and shelter. Population explosion would also increase crime in country. Why I am using the term crime ?? Because in border areas smugglings are very popular. In Odisha , illegal immigrants from Bangladesh are engaged in illegal narcotic drugs business(Kendrapara , bhadrakh) etc. So without implementing any infrastructure to secure our nation , granting citizenship to a huge number of people is not a good idea. It would drain the economy of our country.

4th:- Our Indian medias are making joke of Pakistan due to price hike. E.g- tomato price300/- , milk 200/- etc . But now we are also in the same track as prices are hiking everyday. Onion has reached 200/- per kg. Everyday using potato’s are 35/- per kg. We are not getting safe drinking water. Due to pollution , people are unable to get pure air. In Delhi people are spending rs.500/- for 15 minutes to get 100% pure oxygen in “oxybar”. When our situation is so worse then how CG is granting citizenship to more people? Honable Supreme Court already declared that people in Delhi are living is gas chamber.

I think this is not a good idea to grant citizenship to a large numbers of illegal immigrants in fast track manner. Because population explosion would only create havoc in our nation.

For us our country matters first . we should concentrate on nation’s problem and towards its better solution. This is not a time for showering humanity to foreigners in this fast track manner. After achieving our goals for nation , then we can consider to grant citizenship to others in fast track manner.

Our constitutional founding father had given us some responsibility in Directive Principle of State Policy to make our nation a welfare country. First of all we have to achieve those goals .

December 19, 2019 at 1:12 pm

First of all India is a secular country. India’s secularism has always meant treating every religion equally. It also means that the government cannot favour one religion over another. If the benefit of acquiring citizenship in a fast track manner is being given to refugees, it should not discriminate them on the basis of religion by excluding just one religion. The problem of CAA is it’s arbitrary nature. If the intention of the government is humanitarian and to protect those who have faced religious persecution then why discriminate the refugees? Give them citizenship on case to case basis and just reduce the period of naturalization. The government should focus on real problems that the country is facing that is of slowing economy and unemployment. These unnecessary issues are just to divert people’s attention towards trivial issues and spread divisive politics. It will further burden the resources and economy of our country. The government should set it’s priorities in an unbiased manner and for the welfare of the citizens.

December 19, 2019 at 2:11 pm

Agree 100% with Shakti Gayatri Panda’s comment above….every day i open the newspaper I am sure that there will be some or the other news regarding the new “trend” of raping and then burning alive of women. Air pollution is reaching poisonous proportions. We are slipping down on HDI indices. Economy is in very poor shape. Quality of Education is pathetic. Tribals are getting dispossessed of their lands for every “developmental” project. over 20 metros are to run out of ground water within 5-10 years as per NITI ayog.

When we are unable to provide basic services to our existing population, what is the need to add more to those needing these basic services?

Why to disturb the peace in north east that was achieved with so much pain?

Govt must direct all energy towards REAL issues like women security, MMR, IMR, Clean water, disaster preparedness, impending climate change mitigation, quality education and health for all, employment generation.

These are the things that should dominate news headlines, not something related to religion. Its unfortunate.

Now since the Ram Temple issue is settled, something new and even more divisive is needed to ensure that polarised votes keep coming. Hence this new issue.

We may head towards partition 2.0

“First they came for the socialists, and I did not speak out— Because I was not a socialist.

Then they came for the trade unionists, and I did not speak out— Because I was not a trade unionist.

Then they came for the Jews, and I did not speak out— Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.”

-Martin Niemöller

December 19, 2019 at 2:31 pm

Thanks you sir…

December 19, 2019 at 11:22 pm

As per my point of view ,Those refugees who are living in India from severl years without being an Indian citizen should be got the citizenship of India. If Government is thinking about it ,so it is a very great work of our Indian Government. I am agree with CAA.

December 20, 2019 at 1:53 am

NRC and CAA is not very essential now. First thing is that you must control the GDP and economic of India then employment, farming, medical , business sector and above all women safety strong law for it must be taken. If you do not stable the country in every sector people can not trust you. First do the things which is necessary for development of each and every people in every way of life then talk about this kind of bill. And kindly please stop the people who are trying to divide us by religious manner. India is a secular country and this is the strength. Do not let anybody to dilute it.

December 20, 2019 at 5:54 am

As per my point of view CAA is right. India is secular country and known in the whole world for this. our Parliament take step toward providing citizenship. here is nothing wrong in it . but the people who are against , they have no clarification about the CAA.

December 20, 2019 at 11:25 am

Yes….you are really right about it. As a citizen of India, I’m very disappointed from this protest..the way people are damaging the public property, it is very bad.

Thank you so much for sharing your thoughts over this.

December 20, 2019 at 12:33 pm

I am highly surprised to see the political activity of most of the political parties on the issue of CAA. I have gone through the whole Act but do not get any single line which is against any community. Now I would like to ask one question is India a paradise of the infiltrators ? If the answer is negative then why a stringent law for citizenship is not framed for the infiltrators of any religious community. This infiltration directly affects our economy. Those who are sounding for less GDP growth and inflation, they should raise their voice for the above law not to mislead the common people in fish out of water.

December 20, 2019 at 12:38 pm

Why India needs to standup against CAA and NRC.

CAA coupled with NRC gives the govt a powerful tool to refine electoral rolls in favour of them among many other political benefits but does next to nothing to put up a good and modern immigration policy. If implemented, this is gonna be a disaster for millions cutting across religious and political lines and need to be opposed with all might.

Please read the post and follow the page as well.

December 20, 2019 at 1:22 pm

The main reason why the people is protesting against the CAA is not that we are inhumane but the thing is that India’s population explosion is already uncontrollable and as a result our problems have been increasing. To be a developed country we should think of population control but the CG wants to add more people making the situation worse for the Indians just for getting the vote bank. If the CG really wants to develop India they should emphasis on the real problems like the highest unemployment rate till date, low GDP, price hiking of the most essential goods, degradation of the natural resources, increasing BPL people and many more. India cannot be a dumping place for immigrants till all the basic necessities of the current citizens are met.

December 20, 2019 at 6:25 pm

We can’t have a full plate for ourselves but yet we are offering others and it’s a good thing but we shouldn’t do this as our condition is worse or we can say worst at first we should stand up for our own country for the people of our country and for their benefits we are already dealing with many of the crisis which are known and unknown to common people. We are already dealing with corruption, economic crisis, population explosion, lack of proper infrastructure in business, medical and other areas. Problem of education system is yet worse in our country at first we should stand for this these are major problems. Yeah now this NRC and CAA matter, as India is a secular country so we should support every religion and maintain our image and actually what we are in the matter of secularism, we shouldn’t differentiate between religions.

December 21, 2019 at 10:57 am

Have you calculated population of minorities combined in all these 3 countries? If 50% of minorities from 3 countries combined comes to India there number will not exceed than 50 lakh. Now 50 lakh refugees can be distributed all over India in small groups or they can stay in the camps build by government. After partition Muslims were also given citizenship and minority status. What is the problem with if these 50 lakh refugee are getting citizenship just 5 year prior then their muslim counterpart on basis of religious persecution done on them in their country.

December 21, 2019 at 11:35 am

CAA already created havoc in our nation and everyday it is destroying valuable peace , unity , public property.. One side they are saying that they are eager to showering humanity to foreigners and the other hand they are exercising brutality to own citizens. Before introducing such decisive Act in nation , the central government should be extra vigilant to security of country. Now , people are shouting BJP is trying to make India a Hindu nation. Why they are saying like this?? Because ruling party’s act clearly visible . First abrogation of 370 , then triple talaq , ayodhya verdict and finally this CAA. Although ayodhya verdict is a judicial decision , but the decision is very crucial. Thanks to our responsible people as they did not oppose the verdict. But the consequences of these acts showing that the government is against Muslims.The central government became over confident that people won’t oppose any of its act.

What is the need for amending citizenship act and granting citizenship in a fast track manner.??

Is it good to provide citizenship to those people who are illegal immigrants??

Is it good to provide citizenship to those people who are infilters without valid documents??

It is right to grant citizenship on basis of religion??

Yesterday NITI AYOG told that *KEEPING FAMILY SMALL IS AN ACT OF PATRIOTISM* . Why Niti Ayog published such type of words?? Because, Population explosion pose a great threat to our nation’s growth. We are suffering from various adverse situation everyday due to population explosion . Those politician who are eager to granting citizenship to those illegal immigrants who are residing in India since last 5 years , I am inviting all of those politicians to come to tribal areas of Odisha , rural areas of Bihar , jharkhand and watch how your own citizens are living in miserable conditions. In Muzzafarpur Bihar babies are under nutrition as they are not getting two times meal. Scheduled caste people are reluctant to send their children to school because in school SC caste children’s are discriminated on the basis of caste. Have you ever think about all those situation. Now a petition which seeks *Art.21 right to life also include right to food* is pending in Supreme court.

Someone mentioned that we (who opposing CAA) are inhuman to foreigner Hindus. No dear , we are not inhumans , in fact we are really concerned about our own people. After 72 years of independence , still our people are in such miserable conditions. Till now we have not reached the goals which were set by Hon’ble Dr.B.R.Amedkar. Still untouchability prevail in our nation. Home minister said those poor Hindus gave no option except India. Some of my friends also stated the same. But friend remember India is not a Hindu nation . So it can’t only provide citizenship to Hindus , if it providing citizenship to Hindus then it should provide citizenship to Muslims.

The Hindu refugees can go to NEPAL as Nepal is a Hindu state.

“But please don’t divide the country on basis of religion”. “Please don’t allow any illegal immigrants to stay in our country as legally granted citizen.” “Don’t reduce the time for granting citizenship to those foreigner Hindus from B’desh , Pak and Afgan’stan.”

Otherwise these foreign Hindus will pose a great threat for us.

December 21, 2019 at 11:36 am

Criticism: 1. ‘Illegal immigrants’ should be defined in the context of CAA and it should be made sure that new amendment does not violate any other provision provided in Citizenship Act. i.e. It erase the demarcating line b/w Illegal immigrants and religious persecuted. 2. Article 14- which used word ‘person’ is application to all. So this legislation does not clarify how it deals with FR of other nation. 3. It provide citizenship to persecuted person without proper document. How it will demarcate if the person is really persecuted and he belonged to any of the 3 countries before 31st Dec 2014. 4. Only 7/33 districts of Assam and some part of Tripura are protected under sch 6. It is very natural and genuine of inferior feeling among culturally intact people of these regions. 5. Other persecuted person of another country like Hindu from S Lanka, Buddhist from Tibet, Shia, Rohingyas are also religiously persecuted.

December 22, 2019 at 1:05 am

What is the idea behind not including muslim migrants from the three countries?

December 22, 2019 at 10:38 pm

What Shakti Gayatri Panda says is 100% correct

December 23, 2019 at 3:01 am

Because these three countries are Muslim majority state!

December 24, 2019 at 7:25 pm

If Indians are accepting refugees on humanitarian then accept all do not make any distinction as to which country they belong, whether they are from theocratic or agnostic country. In the CAA there is no mention of the phrase “religiously persecuted” then how is it still debated ? Even by the myth busters on this line?

January 20, 2020 at 11:48 am

This all about the vote bank Amit shah and modi who have criminal records telling us Whether we Indians Or not what a joke dude….we all are Indians and proud to be indians Now it’s a time now we will throw to these weak and sick minded politican like Amit shah and modi out of our india Jai hind Jai. Bharat

February 28, 2020 at 12:01 am

All the best but government is not doing well in the country with their peoples….,…,..

March 29, 2020 at 8:30 am

I am fully satisfied by govt clarification on CAA and I am standing with govt

June 18, 2020 at 4:05 pm

CAA was much needed after the 70 years of injustice persecuted minorities have faced. Hon’ble B R Ambedkar himself mentioned this as a temporary settlement that needed correction so our government has simply done what was due.

Regarding any community being cornered, please read the bill thoroughly, muslims aren’t included because these 3 nations are islamists in the first place so how can they be persecuted minorities? Moreover, population influx isn’t even a real issue as the number are far less as someone has rightly explained.

The lobby simply wants to bring in perennial issues that we have always faced to blame the present government, when its the people who should take responsibility for issues like climate change and population explosion NOT JUST the government. They say the bill is a distraction from real issues, the truth remains they have used the CAA protest, all over the country as a means to carry out terrorist exchanges and conspire nation-wide lynchings.

Naysayers will stoop to any level to criticise even the right reforms so let’s not get blinded by their negativity. Finally, let this be stated clearly, the bill has nothing to do with gathering vote banks because Modi has already proved his might twice not just once and remains the most trusted leader as the numbers prove. Moreover, BJP doesn’t have to do vote bank-politics unlike the failing opposition.

I stand in solidarity with the government because clearly, no community is being targeted only the lost ones being offered support!

October 16, 2021 at 8:51 pm

Secularism doesn’t say to indulge in LOVE JIHAD, FORCEFUL CONVERSION, BLOCKAGE OF NH FOR MONTHS, KILLING NON-MUSLIMS FOR THE SAKE OF ALLAH. HINDUS are the victims of secularism. when a Muslim youth lynched by a mob, you tell them Hindu terror. but when Terrorists belongs to organizations Taliban, ISIS, LeT, JuD kill people including Muslims through Suicide bombing and gunfire, you says terror has no religion. Why such double standard and hypocrisy ??

Pakistani Hindu population downed from 15% in 1947 to 1% in 2021. why such decline comes in Pakistan. Look at the situation in Taliban hit Afghanistan, when we rescued Sikhs and Hindus from there .. In Bangladesh, the same situation like Pakistan continues. India is a 15000 year civilization & we don’t need any certification from outsiders on secularism. We let everyone to settle here from jews to Tibetans. But Muslims won’t be allowed here. if u have heard of Lebanon demographic change, you would have answered correctly.

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Revisiting India's citizenship law

New Delhi passed a law in 2019 to determine "genuine" Indian citizens, triggering violent protests. A year later, what is the status of the legislation?

On December 12, 2019, India passed the Citizenship Amendment Act (CAA). Months of unparalleled mass protests followed — many of which turned violent — leading to a nationwide crackdown and the worst communal riots New Delhi had seen in decades.

The CAA fast-tracks citizenship of Hindu, Sikh, Buddhist, Jain, Parsi and Christian immigrants from Afghanistan, Pakistan and Bangladesh who arrived in India before 2015. However, it excludes Muslims, a move that has been denounced for undermining India's secular constitution.

"It is an anti-Muslim law. That's not a perspective. ... It's an objective reality. And, when combined with the National Population Register (NPR) and the National Register of Citizens (NRC), it tears through even what's left of the pretense of India's secularism and constitution," writer and political activist Arundhati Roy told DW.

Critics believe that the CAA, along with the ongoing nationwide registration drives, could become a means of excluding the minority Muslim population of the country. The current government has recently been pushing to complete the national registries, but minority groups fear that they too will be used to discriminate against non-Hindus.

Taking a stand 'with stoicism'

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Prime Minister Narendra Modi's Hindu nationalist government has rejected the CAA's "anti-Muslim" criticism .

"I want to clarify it to my 130 crore Indians. The CAA will not have any effect on any religious community, be it Hindu, Muslim, Sikhs or Christians," Modi said in a speech in Parliament in January.

He also accused the opposition of spreading false information about the CAA and dividing the country in the name of religion.

Protests and the aftermath

Soon after the passing of the CAA, protests broke out throughout the country, including in the capital, New Delhi. The protests in Shaheen Bagh — until that point an ordinary working-class Muslim neighborhood in the city — soon snowballed, transforming the area into ground zero of the anti-CAA movement.

"A wonderful, nascent solidarity across communities was building up in the massive resistance to these laws," Roy said.

The demonstrations in Delhi were quickly met with a strict crackdown, as police entered universities and detained students. In Uttar Pradesh and Karnataka, at least 27 people were killed as protests turned violent.

The violence culminated in February's bloody riots in northeast Delhi as pro-CAA groups clashed with anti-CAA protesters leaving 53 people from both Hindu and Muslim communities dead.

Aside from the religion-based classification for citizenship, the pushback to the CAA also came from a nativist sentiment amid fears of a demographic change in the northeastern state of Assam.

Those against the implementation of the act in Assam believe that it would lead to an influx of Hindu migrants from neighboring Bangladesh that would overrun indigenous communities, threatening their language, culture and tradition and burdening resources.

In December 2019, when the CAA was cleared to be introduced in parliament, violent protests broke out in Assam. Tensions in the state escalated when the act was later passed, leaving five people dead.

Crackdown amid the pandemic

While demonstrations and public sit-ins were forced to come to an end ahead of India's coronavirus lockdown, the crackdown on anti-CAA activists continued .

Several anti-CAA protesters, including liberal students and activists, have been arrested since February.

Some of these young activists have been detained under the strict Unlawful Activities (Prevention) Act for their alleged role in the Delhi violence. The anti-terror law is known to have harsh bail provisions.

India's BJP rejects allegations of Muslim suppression

A group of UN human rights experts raised concerns aboutthe arrests and urged India to release the activists.

"These defenders, many of them students, appear to have been arrested simply because they exercised their right to denounce and protest against the CAA," a statement released in June by the Office of the United Nations High Commissioner for Human Rights said.

Remembering those lost

Though a year has passed since the CAA was enacted, for those who lost their family members in its aftermath, the wounds are still fresh.

Shakir Ali, a laborer from Lucknow, regrets not seeing his wife when she left their house in March to join a group of women for a sit-in protest. Forty-five-year-old Farida died of a cardiac arrest that evening after getting drenched in rain during the anti-CAA protest.

"She was ill, but was determined to take part in the protest despite me telling her not to," Ali told DW. "I was sleeping that morning when she went out. I got a call while I was at work that her condition had deteriorated. She died a few hours later."

Ali said the authorities had not given the protesters permission to set up a tent.

"I am a daily-wage worker who is trying to make ends meet. I couldn't afford to take a stand on the CAA. Little did I know that I would lose my wife to the CAA," Ali, a father of four, said adding that he now supports what Farida stood for.

In New Delhi, 28-year-old Zakir's mother, Meena, is still trying to come to terms with his death in the riots following the anti-CAA protests.

"For me everything is finished. I have a constant fear now every time any of my other children don't return home on time. No one will understand this pain," she told DW.

The road ahead

After a long break due to the coronavirus , 18 organizations opposing the CAA have announced fresh protests.

The All Assam Students' Union (AASU) has also announced a relaunch of its anti-CAA protest "Gono Hoonkar" on December 12, marking the one-year anniversary of the agitation.

"The government has to repeal the imposed anti-Assam law that has already taken the lives of five Assamese citizens including innocent students. The families of the five martyrs and AASU will continue to seek justice," a press release from AASU said.

But, while the renewed protests are set to begin, there is still ambiguity over when the CAA will be implemented. The Home Ministry missed its June deadline to finalize the rules of the act and sought three more months, citing the COVID-19 situation.

During a visit to the state of West Bengal in November, Home Minister Amit Shah said the law was in place and would be "implemented" depending on the coronavirus situation.

Essay on Citizenship Amendment Act /Bill 2019- CAA and NRC in English PDF

Post author: TopGovtJobs
Post category: Essay / School Board

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Download Essay on citizen amendment bill in pdf for school students of all classes. Govt of India has imposed the CAA & NRC bill CAA (नागरिकता संशोधन कानून) mean Citizenship Amendment Act and NRC (राष्ट्रीय नागरिक रजिस्टर) mean National Register of Citizen to give citizenship to people who want to be the citizen of India if and only if they fulfill the minimum criteria to be declared as the city on India. Multiple variations of the essay are given here like short essay long essay or 10 lines e.t.c Let’s dig deep into this topic for more understanding.

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Also read: Essay on Constitution of India

Short and Long Essay on Citizenship Amendment Act / Bill – CAA / CAB

The Citizenship Amendment Bill (Bill) was approved by the Indian President on 12 December 2019. After which it became an act. As the Modi government had promised in the last election, to bring this bill. The government fulfilled its promise by bringing this bill and getting it passed and enacted a law in spite of heavy opposition in both the houses. And became effective across the country from 10 January 2020.

Essay on the Citizenship Amendment Act in 300 words

Introduction

The Citizenship Amendment Act (CAA) is expected to benefit oppressed immigrants from Pakistan, Afghanistan, and Bangladesh who are from Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities. As per the Act, if these migrants living in India on or before 31 December 2014, they will be granted Indian citizenship.

Is CAA applicable in all states of India?

Before the CAA came into effect, it was mandatory for these illegal migrants to remain in the country for at least 11 years to be able to apply for citizenship. The CAA has now reduced this period of residency to 5 years.

Essay on Citizenship Amendment Bill 400 words

introduction

In the context of CAA, the statement of Bharatiya Janata Party President and Home Minister Amit Shah came, “Today I want to say to the Opposition who are questioning our party’s secularism that your secularism is very limited and our very broad.

Bringing those who are suffering and torture is an explanation of our secularism and your secularism is limited to only one religion. “

The confusion of many was resolved after listening to his statement. Riots erupted in many states to protest against this. Without knowing the truth, many Muslim brothers only helped to provoke the riots.

Citizenship Amendment Law – An Overview

The Citizenship Amendment Bill was approved by President Shri Ram Nath Kovind on December 12, 2019. Only after which it became law. The bill was passed by Lok Sabha on 9 December and Rajya Sabha on 11 December. This act will be engraved with golden letters in the pages of history and will prove to be a boon for millions of refugees suffering from those religious atrocities.

The Act deals with granting citizenship of India to religious minorities who have been tortured in Bangladesh, Pakistan, and Afghanistan. Hindus, Sikhs, Parsis, Buddhists, etc. have been treated badly in these countries for the last several years. These people have suffered not only physical but also mental torture. Therefore, those who follow these religions keep coming to India from time to time. There is no respect in their own country, our great country, embraces it as well.

Ideally, those refugees have no right to come and stay in India, nor do any documents confirm this. There is no way for the citizens of India to get citizenship in India due to no concrete document. Due to which they are deprived of the facilities available to the citizens of India.

Discriminating on the basis of religiosity is extremely shameful. Which is a violation of the human rights of any human, irrespective of any country? According to the statistics of the National Assembly of Pakistan, more than five thousand displaced Hindus come to India every year.

Our neighboring countries forcibly convert minorities, especially Hindus, and are treated in a very inhumane manner if they are not accepted. They all flee to India to get rid of all these hellish lives.

Its objectives and reasons clearly stated that such refugees who have entered India before 31 December 2014 need special statutory arrangements for their citizenship-related subjects.

Essay on CAA & NRC 500 words

The Citizenship Amendment Act (CAA) amends the status of illegal immigrants in India. This is particularly beneficial for Hindu, Sikh, Buddhist, Jain, Parsi and Christian migrants from Bangladesh, Afghanistan and Pakistan, who are living in the country without any valid documents. All such immigrants, who have faced religious persecution in their native countries and later migrated to India by December 2014, will be granted Indian citizenship.

Earlier, immigrants belonging to these three countries and six religions were mandated to remain in India for at least 11 years before being approved for Indian citizenship. Now, the law has been amended so that the period of residence is only 5 years.

Is the Citizenship Amendment Act applicable to all states?

The CAA does not apply to those areas which fall under the Sixth Schedule of the Constitution, i.e., the tribal areas of Tripura, Assam, Meghalaya, and Mizoram, in states like Arunachal Pradesh, Mizoram, and Nagaland, the Inner Permit regime is also excluded from the Act. is kept.

Why has the CAA been criticized by opposition parties?

India’s major opposition parties highlighted that the law is discriminatory as Muslims are not included in the list of immigrant communities that may benefit from the Act.

The opposition indicated that Muslims constitute around 15% of the Indian population, and the act excludes immigrants from that community. Therefore, it was criticized for being uneven.

The Indian government clarified that Muslims were not persecuted in the Islamic countries of Pakistan, Afghanistan, and Bangladesh. The government said that the Act specifically provides relief to persecuted minorities; Therefore, Muslims were not included in the list of beneficiaries.

After partition, people belonging to different religions have been residents of these three countries and also terrorized due to religious enmity. His right to practice and propagate the religion of his choice has been doomed for years. Such oppressed communities have taken refuge in India for a very long time. The government is seeking relief through the CAA .

The government can also examine applications from other communities and assess the validity of these requests on a case by case basis.

What kind of criticism did the Act get from the citizens of India?

Various political parties have opposed the act and stated that the proposal confers citizenship on the basis of religion. Indian citizens (especially students) have also resorted to protests across the country. Protests in Meghalaya, Assam, Mizoram, Sikkim, Nagaland, Tripura and Manipur have attracted media attention.

The protesters of these northeastern states are of the opinion that these illegal immigrants would be a burden to the resources of these states and would also jeopardize employment opportunities for the existing citizens. He has also stated that the Act is not in conformity with the Assam Accord of 1985 which states the cut-off date of deportation of all migrants who have entered India illegally on 24 March 1971.

The Ministry of Home Affairs has not yet notified the rules that will make the Act operational. There are several petitions against the Act which are to be heard in the Supreme Court in January 2020.

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Citizenship Amendment Act (CAA) and Its Constitutional Implications

Post author: Manik Tindwani
Post published: 9 October 2023
Post category: Uncategorised
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Reading time: 15 mins read

The Citizenship Amendment Act, 2019 (CAA) has emerged as one of the most controversial legislations in recent Indian history, triggering widespread protests and public debate. The CAA amends the Citizenship Act, 1955 to relax eligibility criteria for Indian citizenship for certain minority communities from Afghanistan, Bangladesh and Pakistan. However, it excludes Muslims from its purview.

The CAA has raised serious constitutional concerns regarding violation of the right to equality under Article 14, undermining of secularism, arbitrary powers to the executive for determining citizenship, and apprehensions of discrimination when implemented along with the National Register of Citizens (NRC).[1] This blog analyzes the key provisions of CAA, its constitutional implications and the larger political context shaping the citizenship discourse in India.

The CAA was passed by Parliament on 11 December 2019 and received presidential assent on 12 December 2019.[2] It relaxes eligibility criteria for Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014.[3]

The CAA does not apply to tribal areas of Assam, Meghalaya, Mizoram and Tripura as included in the Sixth Schedule of the Constitution.[4] It also does not apply to the areas under the Inner Line Permit regime under the Bengal Eastern Frontier Regulation, 1873.[5]

The CAA triggered protests across India led primarily by Muslim groups. Protestors argued that while the Act purports to help persecuted minorities, it excludes Muslim minorities like Ahmadiyyas and Rohingyas who also face religious persecution.[6] They contended that the CAA violates principles of equality and secularism under the Constitution.

The government justified CAA as a humanitarian gesture towards religious minorities in Islamic theocratic states of Pakistan, Afghanistan and Bangladesh. It stated that Muslims are not persecuted in these Islamic countries, and the CAA does not affect Indian Muslims.[7] However, experts argue that the Act emerges from the majoritarian politics of the ruling dispensation rather than humanitarian concerns.[8]

Amendments made by CAA 2019

The CAA amended Sections 2, 3 and 6 of the Citizenship Act, 1955. Section 2 relaxes eligibility criteria for citizenship by naturalization for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014.[9]

For these communities, the required period of residence in India has been reduced from 11 years to 5 years. The registration or certificate of naturalization is not required. They are also exempted from provisions of the Passport (Entry into India) Act, 1920 and Foreigners Act, 1946.[10]

Section 3 provides that the above-mentioned beneficiaries shall not be treated as illegal migrants for any proceedings under the Citizenship Act. Section 6 relaxes eligibility criteria for citizenship by birth for these communities. Persons belonging to these communities shall not be deported or imprisoned for being illegal migrants.[11]

Constitutional Validity of CAA

The CAA has been challenged before the Supreme Court on grounds of violating the right to equality under Article 14, right to life under Article 21 and constitutional morality inherent in the basic structure.[12]

A. Article 14: Right to Equality

A key ground on which CAA is challenged is violation of Article 14 which guarantees right to equality. Article 14 prohibits class legislation but permits reasonable classification. To pass Article 14 scrutiny, the classification must be founded on an intelligible differentia and have rational relation to the object sought to be achieved.[13]

B. Religion-Based Classifications

By using religion as a criterion, CAA makes illegal classifications between citizens based on their faith.[14] The objective as per the Statement of Objects and Reasons of the Amendment Act is to grant citizenship to minorities who faced persecution on grounds of religion. However, the exclusion of Muslims, including persecuted sects like Ahmadiyyas and Shias, makes this classification unreasonable.

The Supreme Court has held that Article 14 forbids class legislation but does not forbid reasonable classification. A reasonable classification is one which includes all persons who are similarly situated with respect to the purpose of the law.[15] The exclusion of Muslims and certain other groups from the scope of CAA makes the classification arbitrary and discriminatory.

C. Under-Inclusive Nature of Classification

The CAA is also under-inclusive as it leaves out religious minorities from other neighboring countries such as Sri Lanka, Myanmar, Nepal and Bhutan. The classification of only three countries is arbitrary as it is not based on any objective criterion regarding persecution of minorities.[16] Religious persecution of Tamils in Sri Lanka, Rohingyas in Myanmar and Buddhists in Bhutan has been well-documented.[17]

The government justified the exclusion of other countries by stating that CAA is specific to the partition in 1947 and the Nehru-Liaquat Pact.[18] However, this justification does not explain the exclusion of countries which were not part of pre-partition India.

International human rights treaties including the Universal Declaration of Human Rights (UDHR) prohibit discrimination based on religion.[19] Article 26 of UDHR guarantees right to seek asylum from persecution in other countries. Therefore, using religion as a criterion for determining Indian citizenship is inherently discriminatory and violates India’s obligations under international law.

D. Undermining of Secularism

It has been argued that CAA violates the basic structure of the Constitution by undermining its secular character.[20] The Preamble declares India to be a secular republic. Secularism is part of the basic structure as held in S.R. Bommai v. Union of India.[21]

The use of religion as a criterion for determining Indian citizenship is antithetical to constitutional secularism. The Nehru-Liaquat Pact cited by the government itself adopted a secular approach by protecting rights of minorities in both countries irrespective of religion.[22]

Critics argue that the idea of India as a homeland for Indic religions like Hinduism, Buddhism, Jainism and Sikhism underpins the CAA. This negates the constitutional vision of citizenship where rights guaranteed to religious minorities are not a matter of magnanimity but of constitutional commitment to secularism.[23]

Enforcement Issues Regarding Determining Religious Identity

It has been pointed out that CAA does not lay down any mechanism for determining the religious identity of the beneficiaries.[24] The Act does not specify any documents required to prove religious identity or the persecution faced by applicants. This confers unguided powers on the executive to validate the religious claims of applicants seeking citizenship under CAA.

International experience with refugee law suggests that officials often evaluate asylum claims based on stereotypical assumptions about religious minorities. Elaborate questioning about religious beliefs is employed to determine the validity of claims. This could lead to arbitrary denial of citizenship rights.[25]

CAA and NRC: Implications for Muslims

The possibility of a nation-wide National Register of Citizens (NRC) being implemented along with CAA has stoked fears of large-scale disenfranchisement. It is argued that CAA and NRC taken together violate Article 14 and 21 rights of Muslims since they create religious criteria for Indian citizenship.[26]

The NRC recently implemented in Assam excluded around 20 lakh applicants, many of whom are believed to be Muslims and long-term residents.[27] An all-India NRC along with CAA is likely to disproportionately exclude Muslims who will not be able to provide requisite documentary evidence of citizenship. While non-Muslims may find protection under CAA, Muslims will be rendered stateless.

The government has denied that NRC will be used to target any specific community. However, the possibility of its discriminatory use along with CAA remains a concern. Any exercise to document citizens should abide by the secular constitutional ethos rather than religious criteria.[28] The human cost of depriving genuine citizens of citizenship rights also needs to be considered.

Response of Muslim Groups to CAA

The main thrust of protests against CAA has been led by Muslim student groups, activists and certain non-BJP political parties. However, barring exceptions, major Muslim religious organizations have not actively mobilized against the CAA.[29]

The protests have innovatively used national symbols like the tricolor, Preamble, pictures of B.R. Ambedkar and Mahatma Gandhi to project an inclusive idea of citizenship. The focus has been on civil disobedience and constitutional methods of protest.[30] However, beyond symbolic value, the protests have not succeeded in channelizing substantive political opposition to the CAA.

Lack of ideological clarity, inability to form broad-based alliances with civil society groups and reluctance to translate street mobilization into an organized movement are factors impeding the efficacy of anti-CAA protests.[31] The protests also seem to lack a coherent legal and political strategy to compel formal repeal or even amendment of the CAA.

The CAA has brought the relationship between citizenship, secularism and democracy to the forefront. While the Act aims to provide expedited citizenship to minorities from three countries, its use of religion as a criterion remains problematic from a constitutional perspective.

Critics have argued that CAA violates Article 14, undermines secularism and gives unguided powers to the executive. Apprehensions that CAA along with a nation-wide NRC will exclude Muslims have amplified its divisive impact. The protests have questioned the majoritarian impulse behind CAA but have fallen short of building a broad-based movement against it.

The legal battle surrounding CAA is currently underway in the Supreme Court. However, beyond legalities, the Act has emerged as a symbol of the tensions underlying the current political discourse on citizenship. Managing the citizenship question in a pluralistic democracy like India requires an approach that prioritizes constitutional morality over religious majoritarianism. Policies that create religion-based classifications and enable discretionary denial of citizenship rights are antithetical to constitutional secularism.

The way forward is an inclusive citizenship policy that accommodates diversity and provides a sense of security and belonging to all groups, especially vulnerable minorities. As India celebrates 70 years of being a modern constitutional republic, the challenge is to reaffirm the substantive promise of equal citizenship guaranteed by the Constitution to every resident irrespective of their identity. The universalist vision of citizenship enshrined in India’s freedom movement and founding document remains relevant as an emancipatory ideal that can heal the ruptures created by CAA.

[1] The Citizenship (Amendment) Act 2019.

[2] The Citizenship Act 1955, s 2(1)(b).

[3] The Citizenship (Amendment) Act 2019, s 2.

[4] ibid s 3.

[5] The Citizenship Act 1955, s 5(1)(a)-(c).

[6] The Citizenship (Amendment) Act 2019, s 6(1).

[7] The Citizenship Act 1955, s 6(1).

[8] The Citizenship (Amendment) Act 2019.

[9] The Citizenship Act 1955, s 3(1)(a)-(c).

[10] ibid s 3(2).

[11] ibid s 4.

[12] ibid s 5(1).

[13] ibid s 6.

[14] ibid s 7.

[15] Sarbananda Sonowal v Union of India (2005) 5 SCC 665.

[16] The Citizenship (Amendment) Act 1986, s 3.

[17] The Citizenship (Amendment) Act 2003, s 3.

[18] The Citizenship (Amendment) Act 2005, s 3.

[19] The Citizenship (Amendment) Act 2015.

[20] Ministry of Home Affairs, ‘Standard Operating Procedure to be Followed by Competent Authorities to Grant Long Term Visa to Foreigners Belonging to Minority Communities from Afghanistan, Bangladesh and Pakistan Staying in India’ (29 December 2011) https://www.mha.gov.in/sites/default/files/SOP_29122011.pdf accessed 15 June 2020.

[21] The Passport (Entry into India) Amendment Rules 2015.

[22] The Passport (Entry into India) Amendment Rules 2016.

[23] Rajeev Dhavan, ‘CAA, NPR and NRC Will Weaponise Citizenship’ (The Hindu, 8 January 2020) https://www.thehindu.com/opinion/lead/caa-npr-and-nrc-will-weaponise-citizenship/article30507546.ece accessed 15 June 2020.

[24] Gautam Bhatia, ‘The CAA and Article 14: A Critique of the NRC Process’ (The Hindu, 16 January 2020) https://www.thehindu.com/opinion/lead/the-caa-and-article-14-a-critique-of-the-nrc-process/article30578372.ece accessed 15 June 2020.

[25] Shalini Bhargava Ray, ‘India’s New Citizenship Law Sparks Protests’ (The Diplomat, 16 January 2020) https://thediplomat.com/2020/01/indias-new-citizenship-law-sparks-protests/ accessed 15 June 2020.

[26] Alok Prasanna Kumar, ‘CAA, NRC and Lessons from 1905’ (The Hindu, 24 December 2019) https://www.thehindu.com/opinion/op-ed/caa-nrc-and-lessons-from-1905/article30387677.ece accessed 15 June 2020.

[27] Rahul Tripathi, ’19 Lakh People Left out of Final NRC in Assam’ (The Economic Times, 31 August 2019) https://economictimes.indiatimes.com/news/politics-and-nation/19-lakh-people-left-out-of-final-nrc-in-assam/articleshow/70911615.cms?from=mdr accessed 15 June 2020.

[28] Asaduddin Owaisi, ‘Owaisi: India’s Citizenship Act Further Marginalizes Muslims’ (Al Jazeera, 17 December 2019) https://www.aljazeera.com/indepth/opinion/india-citizenship-act-marginalises-muslims-191216104636645.html accessed 15 June 2020.

[29] Irfan Ahmad, ‘CAA: Muslim Groups Should Go Beyond Condemnation’ (National Herald, 26 December 2019) https://www.nationalheraldindia.com/opinion/caa-muslim-groups-should-go-beyond-condemnation accessed 15 June 2020.

[30] Nissim Mannathukkaren, ‘What Explains the Resistance to the Citizenship Amendment Act?’ (The Wire, 22 December 2019) https://thewire.in/rights/citizenship-amendment-act-protests accessed 15 June 2020.

[31] Hilal Ahmed, ‘Beyond condemnation and solidarity: A political strategy is needed to fight CAA’ (The Print, 27 December 2019) https://theprint.in/opinion/beyond-condemnation-and-solidarity-a-political-strategy-is-needed-to-fight-caa/339609/ accessed 15 June 2020.

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Analysis: Why Is The Citizenship Amendment Act So Contentious?

F our years after Parliament passed the Citizenship Amendment Act (CAA) in December 2019, the Union home ministry announced the rules to implement the controversial law last week, which according to legal experts, is discriminatory and goes against equality and India’s Constitution. There are more than 200 petitions against the CAA pending before the courts even as the contentious law has come into effect. Therefore, the more significant and relevant question about the CAA currently is the constitutional validity of the law, which the petitioners have contended is “unconstitutional, discriminatory, manifestly arbitrary, unreasonable, and irrational”. The Supreme Court (SC) will hear a plea to stay its implementation today. The crux of the challenge is that the CAA, by offering relaxed eligibility criteria for citizenship to only Hindus, Parsis, Sikhs, Jains, Buddhists, and Christians — and leaving out Muslims — discriminates between persons based on their religion.

It doesn’t need an extraordinary legal brain to understand people’s opposition to the CAA, nor does one need to be a political scientist to read the real intent behind implementation of the law now. Electoral intent is simply writ large on the government’s decision to resurrect the CAA — frozen for over four years — five days before the Election Commission announced the Lok Sabha poll schedule and before the model code of conduct came into force. Before the CAA, India’s Citizenship law did not discriminate based on religion to determine a person’s eligibility for Indian citizenship. All those seeking naturalisation had to show that they were in India legally and needed to wait for a period of 11 years to become eligible for citizenship. That is what the CAA changes — a religious test for citizenship for the first time in independent India’s history.

The CAA, which is an amendment to the 1955 Citizenship Act, was first introduced in Parliament in 2016 and was passed in December 2019. Its passage had set off massive protests by civil society across the country over allegations of anti-Muslim bias. Violent clashes had erupted in Delhi; more than 100 people were killed across the country and hundreds were injured. The CAA aims to expedite applications of Hindus, Parsis, Sikhs, Buddhists, Jains, and Christians who have fled religious persecution from Muslim-majority countries — Pakistan, Afghanistan, and Bangladesh — and arrived in India before December 31, 2014. They become eligible for citizenship in five years. Applicants from these faiths are eligible even if they are currently living in India without valid visas or other required paperwork.

However, Muslim victims of religious persecution in Pakistan (the Ahmadiyya), Afghanistan (the Hazara) or other neighbouring countries such as the Rohingya in Myanmar, will still need to wait for 11 years to become eligible for Indian citizenship. In addition, unlike Hindus, Parsis, Buddhists, Sikhs, Jains, and Christians, they will need valid documents to justify their presence in India. This, according to legal experts, violates Article 14 of the Constitution which says “the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. Civil rights activists and many legal experts say that the CAA goes against the constitutional values of equality and “legitimises discrimination based on religion”. Others are of the view that the law also denies similar benefits to Tamils from Sri Lanka, and immigrants from countries like Nepal and Bhutan.

However, the BJP-led government denies that the law is discriminatory towards Muslims, arguing that it only seeks to protect those escaping religious persecution, adding further that “many misconceptions have been spread” about the law and its implementation was delayed due to the Covid pandemic. It is true that CAA does not impact the citizenship status of Indian Muslims or any other citizens and it is also not prejudiced against them. But widespread doubts and concerns remain about the law, perhaps because of possible intention to build on it in future, in light of the fear that was created in 2019 by many government representatives and BJP leaders who talked about the law in aggressive and polarising tones.

Given that the BJP had declared its intent to implement the National Register of Citizens (NRC) nationwide earlier, the anxiety over CAA is that it may be the first step towards NRC and a combination of the two could allow the government to expel all of those deemed “illegal migrants”. While talk of a nationwide NRC has not been heard in recent months, the fear is that a lot can change between now and a few years down the line if the BJP comes to power for a third term.

After nine extensions for the notifications of the CAA rules, the government’s decision to resurrect it just before the general election is not surprising. The Opposition has alleged that the notification of the rules right before the election is evidently designed to polarise voters, especially in West Bengal and Assam. In Assam, an additional layer of complications comes into play because of the 1985 Assam accord, as the amended citizenship law will have to be aligned with a legal requirement decided earlier. Apart from the equality argument, in Assam, part of the challenge to the CAA also rests on the fate of Section 6A of the Citizenship Act, 1955, that was added to the Act after the signing of the Assam Accord and which is also under challenge before the SC. Apart many issues and arguments for and against the law, what makes CAA so contentious is that it is against the idea of citizenship envisioned in the Constitution.

The writer is a senior independent Mumbai-based journalist. He tweets at @ali_chougule

Analysis: Why Is The Citizenship Amendment Act So Contentious?

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Constitutional law, citizenship amendment rules, 2024, 12-mar-2024.

Constitution of India, 1950 (COI)

Source: The Hindu

Introduction

The Ministry of Home Affairs (MHA) has taken a significant step by notifying the Citizenship Amendment Rules, 2024 which was awaited since 2019 after the enactment of the amendment in existing citizenship law.

What is the Citizenship Amendment Act, 2019?

The Citizenship Amendment Act (CAA), 2019 is a law specific to certain categories of foreign migrants in India.
It was passed in Lok Sabha on 10 th December 2019 and in Rajya Sabha on 11 th December 2019.
It received the presidential assent on 12 th December 2019.
It grants expedited citizenship to persecuted minorities – Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who arrived in India before 31 st December 2014.
The CAA's focus is narrow, addressing persecution based on religion.
The CAA does not affect Indian citizens , including Muslims, as they enjoy rights protected by the Constitution. It does not apply to Muslims or migrants from other countries.
It does not cover other forms of persecution.
Contrary to some claims, the CAA does not exclude Indian Muslims from citizenship; it solely facilitates foreign migrants' integration.
The Act does not alter existing procedures for obtaining citizenship through naturalization or registration, available to all foreigners.

How was the Journey of Implementation?

Since its passage in 2019, the CAA remained dormant due to its absence of formulated rules.
Union Home Minister Amit Shah has hailed this development as a realization of a commitment to persecuted minorities in the neighboring nations.

What are the Major Changes under Citizenship Amendment Rules, 2024?

Rule 10A is inserted after Rule 10 of the Citizenship Rules, 2009.
It outlines the eligibility criteria and application procedures for individuals eligible under Section 6B of the Citizenship Act, 1955.
This rule specifies different application forms and requirements based on various categories of eligibility.
Rule 11A specifies the authority to which applications may be made by individuals applying under Section 6B.
It establishes the process for electronic submission of applications to the Empowered Committee through the District Level Committee, along with verification procedures and the administration of the oath of allegiance.
Rule 13A pertains to the scrutiny of applications by the Empowered Committee.
It delineates the responsibilities of the Empowered Committee in scrutinizing applications for citizenship by registration or naturalization under Section 6B to ensure completeness and compliance with eligibility criteria.
Rule 14 is amended to include provisions for issuing digital certificates of registration in Form XA or XIA and hard copies of the certificate of registration.
The certificates are to be digitally signed or signed by the Chairman of the Empowered Committee.
Rule 15 is amended to include provisions for issuing digital certificates of naturalization in Form XIIA and hard copies of the certificate of naturalization.
Similar to Rule 14, the certificates are to be digitally signed or signed by the Chairman of the Empowered Committee.
Rule 17 is amended to include references to Section 6B alongside Section 5, reflecting the expanded eligibility criteria for citizenship.
Rule 38(3) states that the oath of allegiance required under Section 5(2) or Section 6(2) will be of no effect unless signed in the presence of or administered by the Designated Officer specified in Rule 11A.
This ensures the legality and validity of the oath-taking process.

As the CAA inches closer to realization, it triggers debates on its legal validity, inclusivity, and implications for India's diverse social fabric. While it seeks to offer sanctuary to persecuted communities, its implementation demands transparency, accountability, and a steadfast commitment to constitutional values to ensure equitable treatment for all individuals seeking citizenship.

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GS-II: Polity

The Citizenship (Amendment) Act (CAA) of 2019 , aims to grant citizenship to illegal migrants from Afghanistan, Bangladesh, and Pakistan who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian faiths. The Ministry of Home Affairs recently notified the CAA Rules, 2024 , implementing the Citizenship Amendment Act passed in 2019.

However, the Act has faced criticism over its alleged violation of the fundamental ‘Right to Equality’ enshrined in Article 14 of the Constitution.

About Citizenship Amendment Act 2019

The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955 . This Act provided provisions for citizenship by birth, descent, registration and naturalisation .

Key Features of the CAA, 2019

It amended the Citizenship Act of 1955 to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan , eligible for Indian citizenship.
Who are illegal migrants? : An illegal immigrant enters India without valid travel documents or stays beyond the permitted time, potentially facing prosecution, deportation, or imprisonment.
Those from these communities who entered India on or before December 31, 2014 , would not be treated as illegal immigrants, providing a path to naturalisation.
However, it exempts the Muslim community.
The amendment relaxed the residency requirement from 11 years to 6 years for these communities to acquire Indian citizenship by naturalization.
It exempts members of these communities from prosecution under the Foreigners Act of 1946 and the Passport Act of 1920 .
Applicants are exempt from being considered "illegal immigrants".
The amendments for illegal migrants will not apply to certain tribal (under Sixth Schedule ) areas in Assam, Meghalaya, Mizoram, and Tripura , as well as states regulated by the "Inner Line" permit under the Bengal Eastern Frontier Regulations 1873.
Consequences of acquiring citizenship: It states that acquiring citizenship will result in (i) such persons being deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship being closed.
The 1955 Act allows the central government to cancel OCI registrations on various grounds, with the amendment adding a new ground for cancellation if the OCI violates a government-notified law.

Arguments in Support of CAA

Cross-border migration between India, Pakistan, Afghanistan, and Bangladesh has been a longstanding issue, especially for minorities. Before India's partition in 1947, millions from undivided India, representing various religious communities, resided in Pakistan and Bangladesh.

However, the constitutions of these countries, with state religions, led to persecution and fear among minorities. Consequently, many sought refuge in India, even with expired or incomplete travel documents.
The failure of the Nehru-Liaquat pact , aimed at protecting minorities' rights post-partition, paved the way for the Citizenship Amendment Act, which grants citizenship to persecuted religious minorities from these countries, addressing their plight.
Humanitarian grounds: The CAA provides a life of dignity and rights to religious minorities facing persecution on grounds of their faith in the theocratic neighbouring states.
Civilizational ethos: India has been a natural home for persecuted minorities, and the CAA is in line with the nation's civilizational ethos.
Reasonable classification: It differentiates based on religion, but only to accommodate persecuted religious minorities, which is a reasonable restriction under Article 14.
National interest: It will deter illegal immigration into India in the future from these specific communities. It will also act as a bulwark against infiltration from designated Muslim-majority nations.

Criticism on CAA, 2019

Critics argue that the law is discriminatory and conflicts with the secular values given in the preamble . They assert that citizenship shouldn't depend on faith, as it opposes the core principles of equality and non-discrimination in the Constitution. These principles ensure equal treatment under the law regardless of religious beliefs. Consequently, the CAA 2019 has faced criticism on multiple fronts:

Exclusionary nature: The Act selectively includes six persecuted religious minorities from specific countries, causing arbitrary and unfair inclusion of Ahmadiyyas and Hazaras in Pakistan and Afghanistan , Rohingyas in Myanmar , and Tamils in Sri Lanka .
Violation of Article 14: By differentiating on religious grounds for citizenship, the law violates the fundamental right to equality and constitutes anti-secular state action.
Date of entry criteria: The differentiation between migrants who entered India before or after December 31, 2014, lacks rationale.
Excessive discretion to government: The Act grants wide discretionary powers to the central government regarding the cancellation of OCI registration.

CAA Rules, 2024

Though with more than a 4-year delay, The Ministry of Home Affairs has notified the Citizenship Amendment Rules, 2024 that would enable the implementation of the Citizenship Amendment Act 2019. Key provisions are:

The process : The rules require eligible refugees to submit applications with affidavits confirming statements, character vouchers from Indian citizens, and a declaration of familiarity with a scheduled Indian language for citizenship.
E-application to the district-level committee : The rules mandate electronic application submission to a district-level committee for document verification and administration of the oath of allegiance. Failure to appear in person may lead to application rejection by the empowered committee after review by the district committee.
Supporting documents : Applicants must submit a passport, birth certificate, identity documents, land records, or proof of ancestry from Pakistan, Afghanistan, or Bangladesh to support their citizenship application.
Verification of entry date: Applicants must provide proof of entry before Dec 31, 2014, through the listed 20 documents like FRRO registration, Census slip, government IDs (Aadhaar, ration card, license), marriage certificate issued in India etc.
Digital certificate : Approved applicants will receive a digital citizenship certificate.

Impacts of CAA, 2019

The CAA of 2019 has triggered various impacts and implications, sparking debates and concerns across India.

Social polarisation: It has ignited debates on religious lines due to its exclusionary nature, raising concerns about communal tensions and divisions within the social fabric of the country.
Global censure: Major global bodies and democracies have criticized the law as violating international conventions on human rights and statelessness.It also generated diplomatic reactions from neighbouring countries like Bangladesh and Pakistan.
Violent protests: The enactment of CAA resulted in widespread protests across the country. Largely peaceful protests against the CAA turned violent in areas of Delhi, resulting in casualties.
CAA Vs Assam Accord : The CAA's provisions granting citizenship to persecuted minorities have sparked fears of violating the Assam Accord 1985 , which aimed to detect and deport illegal immigrants in Assam after March 25, 1971 .
The National Register of Citizens (NRC) comprises individuals who can substantiate their arrival in the state before March 24, 1971, the day preceding Bangladesh's declaration of independence.
Disadvantage to native citizens: The CAA granting citizenship to illegal migrants raises concerns among native citizens about potential demographic shifts impacting their employment and land ownership dynamics.
For instance, West Bengal, and Tamil Nadu issued statements declining any implementation of the CAA within their jurisdictions on constitutional grounds.

However, the Supreme Court is considering petitions challenging the constitutionality of the CAA, citing concerns over religious discrimination and immigration implementation challenges, with the main argument being that using religion as a criterion violates Article 14 of the Indian Constitution.

FAQs on Citizenship Amendment Act 2019

What is the purpose of the citizenship amendment act 2019.

The Citizenship (Amendment) Act, 2019 provides that certain groups of illegal migrants as per provisions of the Citizenship Act, of 1955 can now become eligible for applying for Indian Citizenship. It also proposes to reduce the required period of their residence in India for naturalisation under the 1955 Act.

Which religious communities are eligible for citizenship under the CAA 2019?

The Act benefits Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.

What are the grounds for cancelling OCI registration under the CAA?

The Act allows for cancellation due to fraud, disaffection to the Constitution, engaging with the enemy, or violation of any law in force.

Why is the Citizenship Amendment Act 2019 significant?

The Citizenship Amendment Act is critical for providing equal rights to migrants who have entered India illegally due to a variety of circumstances that have left them destitute, under-empowered, and feeling inferior to others, negatively impacting their quality of life.

What are the main criticisms of the CAA?

Critics argue that it is discriminatory against Muslims, violates secularism, and is arbitrary in its selection criteria and date of entry requirement.

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Citizenship Amendment Act rules notified

gs paper 2.

Syllabus: Indian Polity: Citizenship

Source: LM , TH

Context: The government announced the implementation of the Citizenship Amendment Act rules, four years after the bill was passed in Parliament.

Eligibility : Applicants must belong to persecuted minority communities from Afghanistan, Pakistan, and Bangladesh and have entered India before December 31, 2014.
Application Process: Apply through the online portal provided by the Ministry of Home Affairs, providing the necessary documents and information.
Documentation : Submit required documents such as proof of identity, residence, and eligibility for the specified minority communities.
Oath of Allegiance : All cleared applicants must take an oath affirming allegiance to the Indian Constitution.
Empowered Committee Review : Applications will be reviewed by an empowered committee to determine eligibility.
Digital Certificate: Successful applicants will receive a digital certificate of citizenship or naturalization.
Physical Certificate : Applicants can request a physical certificate, which must be collected from the office of the Empowered Committee.

What is CAA ?

The Citizenship Amendment Act (CAA) offers citizenship based on religion to six non-Muslim communities ( Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Pakistan, Afghanistan, and Bangladesh who entered India on or before December 31, 2014 . It exempts these communities from criminal cases under the Foreigners Act, 1946, and the Passport Act, 1920 , which penalize illegal entry and overstaying on expired visas and permits.

Background of the Act:

Citizenship in India is governed by the Citizenship Act, 1955 , offering acquisition through birth, descent, registration, naturalization, or incorporation of territory . Illegal migrants, entering without valid documents or overstaying, cannot become citizens and may face jail or deportation under the Foreigners Act, 1946, and Passport Act, 1920.

In 2015-2016, specific groups of illegal migrants (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Afghanistan, Bangladesh, and Pakistan) arriving before December 31, 2014 , were exempted from deportation. The Citizenship (Amendment) Act, 2016 aimed to grant citizenship to these migrants, lapsed with the dissolution of the 16th Lok Sabha .

Key Features of the Act:

Need of the Act:

Arguments in favour of the Citizenship Amendment Act (CAA) :

The CAA aims to provide refuge to those who fled to India seeking safety due to religious persecution.
Historical precedents: India’s historical commitment to protecting minorities facing persecution in neighbouring countries is underscored by significant events such as the Partition of British India in 1947 and the signing of the Indira-Mujib Pact in 1972 (the pact facilitated the return and absorption of over 1.2 million refugees , primarily Hindus, who sought shelter in India during the Bangladesh Liberation War)
Easing of procedure: The act reduces the residency requirement for citizenship by naturalization from 12 to 7 years

Concerns with the Citizenship Amendment Act (CAA):

Targeting a particular community : Critics fear that the CAA, coupled with the National Register of Citizens (NRC), may favour non-Muslims while requiring excluded Muslims to prove their citizenship, potentially discriminating against Muslims.
Issues in the Northeast: The Act contradicts the Assam Accord of 1985 (the accord opposed illegal immigrants from all the regions), raising concerns about the impact on the demographic balance and resources of Assam, where illegal Bangladeshi migrants have settled.
Violation of fundamental rights : Opponents argue that the Act violates Article 14 of the Constitution, which guarantees equality, by discriminating on the basis of religion.
Discriminatory nature: Critics highlight that the Act excludes refugees like Tamil Sri Lankans and Hindu Rohingyas , leading to accusations of discrimination based on religion.
Exclusion of certain minorities: Critics suggest that if the law aims to protect minorities, it should include persecuted Muslim groups like Ahmadis in Pakistan and Rohingyas in Myanmar.
Administration challenges : Differentiating between illegal migrants and persecuted individuals poses administrative difficulties.
Impact on bilateral ties : The Act may strain relations with Pakistan, Afghanistan, and Bangladesh, as it highlights religious oppression in these countries.
This means Bengali Hindu migrants left out of the NRC in Assam can still obtain citizenship. If the nationwide NRC is implemented, those excluded would be divided into Muslims deemed illegal migrants and others protected by the CAB if they are from Afghanistan, Bangladesh, or Pakistan. Together, the NRC and CAB could reshape citizenship rights in India .

Way Forward:

India’s initiative to protect persecuted minorities in its neighborhood is commendable, but it must align with constitutional principles . Transparency in notifying CAA rules is crucial to address concerns. The Supreme Court must ensure fair procedures and examine whether the religious test for citizenship is arbitrary or discriminatory . It should assess if excluding long-term refugees violates their constitutional rights and impacts India’s secular identity.

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Citizenship Law That Excludes Muslims Takes Effect, India Says

The law sparked lethal riots when it was passed. Now, after a four-year delay, it has come into force on the eve of Prime Minister Narendra Modi’s re-election campaign.

Men in uniform block a group of men holding a banner in a crowded street.

By Alex Travelli and Sameer Yasir

Reporting from New Delhi

Weeks before a national election, the Indian government has abruptly announced that it will begin enforcing a citizenship law that had remained dormant since late 2019 after inciting deadly riots by opponents who called it anti-Muslim.

The incendiary law grants Indian citizenship to persecuted Hindus, Sikhs, Buddhists, Jains, Parsees and Christians from a few nearby countries. Muslims are pointedly excluded.

With a characteristic thunderclap, the government of India’s prime minister, Narendra Modi, made a short declaration on Monday night that it had finalized the details that would bring the law, known as the Citizenship Amendment Act, into force.

The government’s action, coming just before India announces the dates for an election expected in April and May, shows Mr. Modi delivering on a promise, and could change the electoral math in districts with Hindu refugees who stand to benefit from the law.

Politics aside, the law is not expected to significantly change the demography of India’s diverse population of 1.4 billion, at least not on its own. But it makes plain the power that Mr. Modi wields to redefine the Indian republic, steamrolling any resistance to his vision of a Hindu-first state.

The law spent more than four years in hibernation after protests by hundreds of thousands of Muslims and other Indians who were outraged by the idea that citizenship would be defined with reference to religious identity.

In February 2020, while President Donald J. Trump was on a state visit, riots broke out in the capital, New Delhi. Whole neighborhoods were devastated in the northeastern part of the city, where gas cylinders were turned into makeshift bombs and tossed into mosques. At least 50 people were killed, most of them Muslims.

A high-profile protest camp at a place called Shaheen Bagh, operated mainly by female protesters from different religious groups, carried on until late March before being dispersed. And then Covid-19 intervened, helping to suppress further protest.

The government justified the new rules as a humanitarian response to the plight of minorities in Pakistan, Bangladesh and Afghanistan, India’s three big Muslim-majority neighbors. Yogi Adityanath, a Hindu monk turned political ally of Mr. Modi, wrote on social media that rescuing communities “who are suffering from religious brutality” would bring “joy to humanity.”

It is hard for many to take this explanation at face value. For one thing, the inclusion of some countries and exclusion of others looks arbitrary. For another, Muslims persecuted because of their faith, for instance the Ahmadiyya and Shiites of Pakistan, do not make the cut for Indian citizenship. The Office of the U.N. High Commissioner for Human Rights called the law “fundamentally discriminatory.”

To critics, the Citizenship Amendment Act looks like one part of a pincer movement against Muslims. It was brought to life at the same time as a national citizenship registry that would allow the government to expel undocumented residents, even if their families had lived in India for generations.

As Mr. Modi’s right-hand man, Amit Shah, said at the time, “Please understand the ‘chronology’: first the C.A.A.,” and then the registry. In other words, first non-Muslim refugees would be allowed citizenship. Then the refugees who remained would be expelled. More than 1,000 “declared foreigners” have been detained in the northeastern state of Assam.

On Monday, protests erupted there and in several other states after the government announced enforcement of the citizenship law. Shaheen Ahmed, a doctoral student in Kerala, said that he and other students came out to protest across his state.

“We were demanding the rollback of the law when police came and started beating us,” Mr. Ahmed said.

One group that rejoiced at the news is a large community of lower-caste Hindus in West Bengal, whose ancestors came to India from Bangladesh. Their support for Mr. Modi in the upcoming election could tip several parliamentary seats into the majority that he is expected to achieve anyway.

Other Hindu refugees, from Pakistan, had already been acquiring citizenship. More than 1,100 have been granted that status in Mr. Modi’s home state, Gujarat, since 2016. The point of the Citizenship Amendment Act will be to make these naturalizations possible on a national level, and more visible.

Alex Travelli is a correspondent for The Times based in New Delhi, covering business and economic matters in India and the rest of South Asia. He previously worked as an editor and correspondent for The Economist. More about Alex Travelli

Sameer Yasir covers news from India and other countries in the region. He is based in New Delhi. More about Sameer Yasir

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Essay on citizenship amendment act for descriptive paper, paragraph 1, introduction.

The Citizenship Amendment Act (CAA) is expected to benefit oppressed immigrants from Pakistan, Afghanistan, and Bangladesh who are from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. As per the Act, if these migrants have been living in India on or before 31 December 2014, they will be granted Indian citizenship.

Before this act (CAA), these illegal migrants needed to remain in the country for at least 11 years to be able to apply for citizenship. But the act has now reduced this period of residency to 5 years.

This bill was approved by the Indian President, Ram Nath Kovind, in December 2019. After which it became an Act and became effective across the country from 10 January 2020.

Essay writing using Spider diagram on Citizenship Amendment Act

Paragraph 2

Citizenship vs. illegal migrant in india.

Let’s have a look at citizenship in India. The Constitution of India provides for single citizenship for the whole of India. Until 1987, to be eligible for Indian citizenship, it was sufficient for a person to be born in India. But due to massive illegal migrations from neighboring countries, the law was amended to additionally require that at least one parent should be Indian. In 2004, the law was further amended to prescribe that not just one parent be Indian; but the other should not be an illegal immigrant.

Now, let's understand an illegal migrant in India. He/she is a foreigner who enters the country without valid travel documents like a passport and visa, or who enters with valid documents but stays beyond the permitted time period. Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.

Paragraph 3

Need of caa.

The need was to provide assistance to:

People of Indian origin, including members of minority communities, had applied for citizenship under the Citizenship Act of 1955 but had been denied due to no proof of their Indian ancestry.
Victims of the partition (Hindu-Bengalis) who were trapped in East Pakistan (Bangladesh) in the early years.
People who illegally crossed borders and settled in the Border States, but have been stateless for years.
People of the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities faced religious persecution in Pakistan, Afghanistan, and Bangladesh.

Paragraph 4

Caa and its effect on nrc.

NRC, the National Register of Citizens, began in Assam where there was a big problem of continuing migration of people over the years mostly from Bangladesh. It resulted in an agreement between Assam and the Union of India in 1985 for the preparation of NRC for identifying citizens of India and non-citizens.

But in a country like India with widespread illiteracy and lack of documentation, this became a very difficult task. Approximately 19 lakhs were left out of Assam NRC, mostly because they simply didn’t have documents, floods happened and documents were washed away for many other reasons. CAA has, in fact, nullified the Assam Accord of 1985.

Now after combining CAA and NRC what we get is, if one is a non-Muslim person who is left out of NRC, he still has a possibility to get Indian citizenship by claiming that he is a non-citizen but has come from those three countries. But if one is Muslim and has been left out of NRC, he absolutely has no chance to get Indian citizenship and is ruled out by virtue of CAA. They become subject to deputation or put in detention camps and so on.

Paragraph 5

Key features of the act.

The Act allows a person to apply for citizenship by registration or naturalization if the person meets certain qualifications:

If a person resides in India for a year and if one of his parents is a former Indian citizen, he may apply for citizenship by registration.
To obtain citizenship by naturalization, the person must have resided in India or have been in the service of the central government for at least 11 years before applying for citizenship.
In the case of Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan, the 11 years’ requirement will be reduced to five years only.
The Act provides that the central government may cancel the registration of Overseas Citizens of India (OCI) on certain grounds - (i) if the OCI has registered through fraud, (ii) i f, within five years of registration, the OCI has been sentenced to imprisonment for two years or more, (iii) i f it becomes necessary in the interest of the sovereignty and security of India.

Paragraph 6

Criticism of caa.

It is against Muslims and specifically targets Muslims and violates the principles of secularism but also of liberalism, equality, and justice.
It violates Article 14 of the Constitution, which guarantees the right to equality.
North-eastern states are being targeted due to massive numbers of illegal Bangladeshi migrants.

Paragraph 7

Arguments to support caa.

It is not against Muslims. The Ahmediyas and Rohingyas can still seek Indian citizenship through naturalization (if they enter with valid travel documents). They would need to fulfill conditions specified in the Third Schedule to the Citizenship Act, 1955.

The Act is not a violation of Article 14. For reference, we can recall that in Louis De Raedt vs. Union of India (1991) , the Supreme Court held that the right of a foreigner in India is confined to Article 21 and he/she cannot seek citizenship as a matter of right.

The Act applies to the whole country. It does not dilute the sanctity of the Assam Accord. Also, it is not against the National Register of Citizens (NRC), which is being updated to protect indigenous communities from illegal immigrants.

Paragraph 8

India has a civil or civilization duty to protect those who are prosecuted in its neighborhood. But, the methods must be in accordance with the spirit of the Constitution.

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Introduction

What is the Citizenship Amendment Act, 2019?

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What are the Major Changes under Citizenship Amendment Rules, 2024?

Citizenship Amendment Act 2019