AERIAL VIEW
The argument built on the premise of exclusion ignores the fact that the Government of India has the right to enact laws for certain categories of foreigners as per the demands of the situation. It is not necessary for any country to have agreements in place or legislative enactments, uniformly, for all countries across the world.
It is a settled principle of law that Article 14 of the Constitution of India applies to non-citizens as well. Principles of natural justice and non-arbitrariness are essential facets of Article 14. The 2019 Amendment provides the mechanism for the applications to be processed through a committee which has been especially formulated in this respect. The Principles of Natural Justice should be observed by the committee hearing the requests and considering the applications made under the 2019 Amendment.
When the legislation focuses on a special category of communities who have come from outside India, bringing the discussion of other minorities already in India while analysing the 2019 Amendment appears to be irrelevant.
SURAJ NANDREKAR
Editor, Goemakrponn
The Central government has notified the rules for the Citizenship (Amendment) Act, 2019 (CAA). This came weeks after union home minister Amit Shah said the law, which was passed in 2019, would be implemented before the Lok Sabha elections.
The CAA makes it easier for non-Muslim migrants from Bangladesh, Pakistan and Afghanistan to get Indian citizenship. The law is applicable to all migrants who arrived in India on and before December 31, 2014.
The Criticism
There are lots of confusions and contrasting statements coming from every political parties, activists etc. So lets find out what CAA actually is.
Much has been discussed and critiqued regarding the provisions of the 2019 Amendment.
Despite the rather straightforward provisions of the legislation, there have been several criticisms against the amendment, which have ranged from thought-provoking to outright bizarre.
Some critics have argued that the 2019 Amendment does not consider other persecuted minorities in the countries subject to it. Others feel that the 2019 Amendment is in some way detrimental to the minorities existing in India. Some feel that the citizenship status of Indians may be negatively impacted.
The Facts
The argument built on the premise of exclusion ignores the fact that the Government of India has the right to enact laws for certain categories of foreigners as per the demands of the situation. It is not necessary for any country to have agreements in place or legislative enactments, uniformly, for all countries across the world.
It is a settled principle of law that Article 14 of the Constitution of India applies to non-citizens as well. Principles of natural justice and non-arbitrariness are essential facets of Article 14. The 2019 Amendment provides the mechanism for the applications to be processed through a committee which has been especially formulated in this respect. The Principles of Natural Justice should be observed by the committee hearing the requests and considering the applications made under the 2019 Amendment.
When the legislation focuses on a special category of communities who have come from outside India, bringing the discussion of other minorities already in India while analysing the 2019 Amendment appears to be irrelevant.
What is CAA?
CAA envisages granting fast-track citizenship to non-Muslim refugees who came to India on or before Dec 31, 2014, due to religious persecution in Pakistan, Bangladesh and Afghanistan
Amendment to 1955 Citizenship Act for granting citizenship to non-Muslim migrants received presidential assent in December 2019
Since 2020, MHA has taken repeated extensions from parliamentary committees to frame rules
CAA allows Hindus, Sikhs, Buddhists, Jains, Parsis and Christians to obtain Indian citizenship through certificate of registration
What do the notified rules say
CAA rules lay down administrative architect for granting citizenship to non-Muslim migrants under Section 6B of the Citizenship Act
Expiry of visa or illegal migration does not bar making application for citizenship
Applications should attach a document such as passport, birth or school certificate, licence or any ID record issued by Afghanistan/Bangladesh/Pakistan to establish nationality
Applications must also attach a document issued by India to prove that applicant entered India on or before Dec 31, 2014
Every application is mandated to produce eligibility certificate from a locally reputed community institution identifying the applicant
Applications for registration or naturalisation under Section 6B shall be submitted in electronic form to empowered committee through district level committee (DLC)
DIC, headed by a designated officer, shall verify identity and documents of applicant
Designated officer shall administer oath of allegiance to Indian Constitution and laws of India
Empowered committee, after scrutinising application, may grant or refuse citizenship
Chairman of empowered committee shall issue digital certificate or registration or naturalisation
Rules provide different forms for applying for citizenship through registration and naturalisation
Applicants to state on oath their intention is to make India as permanent home and an undertaking of renouncing citizenship of country they have migrated from
For application for certificate of naturalisation, an Indian citizen must submit an affidavit testifying character of applicant
Cases pending in
Supreme Court
Validity of CAA is under challenge before SC through 200+ petitions. Petitioners include Cong leader Jairam Ramesh, the Indian Union Muslim League, and its MPs, Lok Sabha MP and AIMIM president Asaduddin Owaisi, RID leader Manoj Jha and TMC MP Mahua Moitra
The law has been questioned on grounds of religious discrimination against Muslims and arbitrariness
In Oct 2022, Centre filed affidavit to say the issue was not amenable to judicial review since matters of citizenship, immigration and foreign policy fall squarely within the domain of parliament
Pleas against validity of Section 6B have not been effectively heard for over a year now