CAA: Issues in the legal challenge to the law

Source: The Indian Express | Editorial dated 12^th March 2024

Syllabus – GS Paper 2 – Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Applications where to apply?
When asked about
– CAA,2019
– Secularism
– Right to Equality
– Refugee rights

Context: The Centre notified the Citizenship Amendment Act (CAA) rules just before the announcement of the Lok Sabha elections and the enforcement of the Model Code of Conduct.

CAA: Issues in the legal challenge to the law

The Citizenship Amendment Act (CAA) has been a contentious issue since its passage in 2019. Recently, the Centre has notified the CAA rules, introducing a streamlined online application process for eligible migrants seeking Indian citizenship. The Act aims to expedite citizenship for persecuted minorities from Pakistan, Afghanistan, and Bangladesh.

Provisions of CAA

The CAA, passed in 2019, aims to expedite Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India before December 31, 2014, due to religious persecution in Pakistan, Afghanistan, and Bangladesh.

• Citizenship Process: The amendment reduces the residency requirement from 11 years to 5 for these migrants, expediting the citizenship process.
• Relaxations: The Act relaxes residency requirements for naturalization, specifying conditions for applicants belonging to the designated religions and countries.
• Illegal Migrant Definition: The Act defines illegal migrants and exempts specific communities from criminal cases under certain Acts

CAA Rules, 2024

District Level Committee Responsibilities:

• Document Verification: The District Level Committee, headed by the Designated Officer, is responsible for verifying the documents submitted by the applicant along with the citizenship application.
• Oath Administration:
  • The Designated Officer administers the oath of allegiance to the applicant as specified in the Second Schedule to the Citizenship Act, 1955.
  • Following the oath, the Designated Officer signs the oath of allegiance and forwards it electronically, along with confirmation regarding document verification, to the Empowered Committee.
• Handling Non-Appearance Cases:
  • If an applicant fails to appear in person despite given reasonable opportunities, the District Level Committee forwards such applications to the Empowered Committee for consideration of refusal.

Scrutiny of Applications by Empowered Committee:

• Empowered Committee Role:
  • The Empowered Committee referred to in rule 11A is empowered to scrutinize applications for citizenship by registration or naturalization submitted under section 6B of the Citizenship Act, 1955.
  • Its primary role is to ensure that the application is complete and that the applicant satisfies all conditions laid down in section 6B.
• Application Scrutiny Process:
  • The Empowered Committee may conduct inquiries as it deems necessary to ascertain the suitability of the applicant.
  • Upon being satisfied with the applicant’s suitability, the Empowered Committee may grant citizenship of India to the applicant.

Exceptions to the CAA:

• Autonomous councils created under the 6th Schedule of the Constitution are exempted from the purview of CAA.
  • This exemption applies to Karbi Anglong, Dila Hasao, and Bodoland Territorial Council areas in Assam, Garo Hills in Meghalaya, and tribal areas in Tripura.
• Areas where the Inner Line Permit (ILP) is required for a visit by people from other parts of the country in Northeastern states are excluded from the law. The ILP is in place in parts of Arunachal Pradesh, Nagaland, Mizoram, and Manipur.

Legal Challenges:

Legal challenges are associated with implementation of CAA, 2019.

• Constitutional Challenge: The law has been challenged in the Supreme Court under Article 32, arguing that it violates Article 14 of the Constitution, which guarantees equality before the law.
• Anti-Muslim Sentiment: Critics argue that the exclusion of Muslims violates the secular nature of the Constitution and goes against the principle of equality.
• Challenge to Basic Structure: Granting citizenship based on religion is seen as against the secular nature of the Constitution, which is considered part of the basic structure and cannot be altered by Parliament.
• Debate of Reasonable Classification: The petitioners question whether the special treatment given to minorities from specific countries is a reasonable classification under Article 14.
• Ambiguities: The Act lacks clarity in defining persecution and providing guidance for beneficiaries, raising concerns about its implementation and impact.
• Conversion Concerns: It’s unclear whether Muslim immigrants would qualify under the CAA if they convert to Hinduism or other mentioned religions, posing further challenges and questions.

Northeast Opposition to CAA:

• Longstanding Migration Issues: Northeastern states have faced significant migration from neighboring countries, leading to social, economic, and political strains.
• Concerns over Legitimization: Protests in the northeast are against legitimizing immigrants regardless of their faith, rather than solely excluding Muslims.
• Demographic, Cultural Concerns: Anxiety over demographic changes, loss of livelihoods, and erosion of indigenous cultures due to potential mass citizenship grants. Especially in states like Assam.

Government’s Stand:

• Relief to Persecuted Minorities: The government argues that the CAA provides relief to persecuted minorities and addresses the historical plight of refugees from Partition.
• Targeting Relief: The government justifies targeting relief to non-Muslim refugees from Pakistan and Bangladesh, citing their failure to uphold promises of equality to religious minorities.
• Continuation of Legal Process: The government maintains that the CAA does not alter existing citizenship laws but provides an additional avenue for eligible migrants.
• Protection of Indigenous Populations: The Act is claimed not to affect protections granted to indigenous populations in northeastern states.

Conclusion:

In summary, while the Citizenship Amendment Act aims to address the concerns of persecuted minorities, it faces significant legal challenges, opposition from certain states, and criticisms regarding its potential implications on India’s secular fabric and constitutional principles.

Related Topics

Indian Citizenship provisions

• There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under the Citizenship Act, 1955.
• By Birth:
  • Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents.
  • Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth.
  • Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.
• By Registration: Citizenship can also be acquired by registration. Some of the mandatory rules are:
  • A person of Indian origin who has been a resident of India for 7 years before applying for registration.
  • A person of Indian origin who is a resident of any country outside undivided India.
  • A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
  • Minor children of persons who are citizens of India.
• By Descent:
  • A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth.
  • A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth.
  • If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold a passport of another country and his/her birth is registered at an Indian consulate within one year of birth.
• By Naturalisation:
  • A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
• The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation.

References:

CAA rules gazette

Practice Question

Critically analyze the implementation of the Citizenship Amendment Act (CAA),2019. [150 words]