The Ministry of Home Affairs has issued regulations to enforce the Citizenship (Amendment) Act, 2019. In December 2019, Parliament ratified an amendment to The Citizenship Act, 1955, incorporating a clause enabling the granting of citizenship to migrants from Pakistan, Afghanistan, or Bangladesh who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities and entered India before December 31, 2014.

Discuss Major Provisions of the Law:

Introduction:

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The Central government has enacted regulations for The Citizenship Amendment Act (CAA), marking a significant step towards implementing the contentious law more than four years after its passage by Parliament in December 2019. The CAA is designed to extend citizenship benefits to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India prior to December 31, 2014, and seek Indian citizenship. Notably, the CAA aims to grant citizenship to this specific migrant group, even in cases where they lack valid travel documents as prescribed in The Citizenship Act, 1955.

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Key Provisions:

The CAA introduces an expedited pathway for non-Muslim immigrants from Muslim-majority Afghanistan, Bangladesh, and Pakistan to obtain Indian citizenship. It grants refugee status to non-Muslim communities from these countries, while Muslims are categorized as "illegal migrants" in India. The primary objective of the CAA is to safeguard individuals who have faced religious persecution in neighboring nations, rather than addressing issues concerning India's own religious minorities. Furthermore, the law reduces the duration of citizenship by naturalization from 11 years to five. Under the regulations accompanying the CAA, migrants from these countries are required to demonstrate their country of origin, religious affiliation, date of entry into India, and proficiency in an Indian language to qualify for Indian citizenship. The CAA Rules specify that various documents such as birth or educational certificates, identity documents, licenses, land records, or any other document issued by these countries proving the applicant's citizenship will serve as evidence of their nationality.

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In addition to arguments about equality, the status of Section 6A of the Citizenship Act of 1955, currently under scrutiny in the Supreme Court, holds significant relevance in the CAA debate. In December 2023, a Constitution Bench comprising five judges led by Chief Justice of India D Y Chandrachud reserved its decision on the validity of Section 6A. This section was incorporated into the Citizenship Act subsequent to the signing of the Assam Accord between the Central government and leaders of the Assam movement in August 1985

Other Points to Consider

National Register of Citizens (NRC)

Article 14

CAA and Assam