It has been written by Khushboo Bharti, a second-year law student of the Institute of Law, Jiwaji University, Gwalior (M.P.).

Abstract

This paper analyses and articulates the consequences and admissibility of the Citizenship (Amendment) Act, 2019. Since citizenship provides one with a safety net and a tribe, then it is like having an identity. It also touch on ways of life, a person’s culture, morality, and practices of a given society. Thus, this Act may be considered rather significant. Nevertheless, there have been debates concerning its legitimacy as well as the aim of launching it: to grant some nations’ minorities faster citizenship. On another note Immigration also impacts on the nation’s workforce, education and on the availability of resources for citizens as provided for under this same Act. In order to achieve the needed level of understanding of the subject, this particular research work uses several ideologies and research methods. While there have been a lot of protests against the CAA and NRC (National Register for Citizens), the government insists that these will serve a lot of good because, as of now, no one who is a deemed ‘infiltrator’ will be allowed to stay in India and they minorities that have really suffered a lot in the hands of their supposed ‘brothers and sisters’ will be given a chance in their new lives.

Keyword - constitutionally valid, secular spirit, minority communities, discrimination, bilateral ties, implication, citizenship

Overview

The Parliament of India ratified the much debated Citizenship (Amendment) Act, 2019 in December of the said calendar year. Many aspects were changed in the legislation – The Citizenship legislation, 1955 and its preamble. Before 1955, our nation had no laws, which concerned the citizenship regulations. But, on 30-12-1955 the Indian parliament passed an act called The Indian citizenship act, under this act the acquisition of Indian citizenship determination of Indian citizenship, the loss of Indian citizenship and a person’s citizenship in a foreign country was defined. There are five methods to become an Indian citizen under this act: This means that it would be naturalized, by birth, by descent, by registration, by neutralization, and by incorporation of territory.

This 1955 statute was amended six times: specifically in 1986, 1992, 2002, 2005, 2015 and more so in 2019 which was the year of the considerable overhaul. The 2019 act was introduced in Lok Shabha as the Citizenship (Amendment) Act, 2016 on July 19, However, on the August 12 of the same year, it was referred to the joint parliamentary committee. It submitted its report to the legislature on January 7th, 2019. On the 10th of December 2019 the Lok Shabha passed the Bill. Despite the fact that it was a hugely significant Bill in the context of India’s historical experience, the Bill had not been even taken into consideration or passed by the Rajya Shabha or even have the opportunity to lapse because the 16th Lok Shabha dissolved in 2019.

After the formation of 17th Lok Sabha the bill was presented before the Parliament and at last on December 9, 2019 Home Minister Amit Shah introduced the bill in the Lok Sabah On December 4, 2019, the union cabinet also approved the bill to prevent defeat of the bill in the parliament. On the 10th of December, 2019, the Lok Sabha a passed the bill where the majority of the 411 members supported the bill out of which only 80 opposed it. The act was presented to the Rajya Shabha on December 11, 2019, by passing the majority vote with 125 affirmative votes, while 105 votes were negative after it was passed by the House of People.

On the fifty-second day of the year, December 12, 2019, the President of India endorsed the bill since it has the support of the chambers. While this legislation came into force on 10th January 2019, its operation started on 20th December 2019, when the Union Minister for Minorities, Mongolia & Chemicals & Fertilizers Mansukh Mandaviya gave the Indian citizenship to the seven migrants from Pakistan.

save and except for the areas coming within the definition of ‘The Inner Line’ under the Bengal Eastern Frontier Regulation, 1873 and such area in the States of Assam, Tripura, Meghalaya or Mizoram as the Governor of the State may by notification in the official Gazette declare to be a ‘Protected/Restricted Area’ under the provision of the Sixth Schedule to the Constitution of India this act shall extend to the whole of India.

The purposes of this act include the determination of citizenship rights and changing the previous statute of India to the Islamic countries of Afghanistan, Bangladesh, Pakistan applying citizenship for the members of the minority community. Besides, the government of India has intended to make the National Register of Citizens (NRC) to facilitate identification of the unlawful occupants and to eliminate this Act to remove unlawful migrants from our country.

Provisions of the act

It can be said that the statute was changed in five significant aspects. Specified section 2 was changed, new 6B section was added, section 7D was changed, section 18 was changed, and the Third Schedule of the main Act was changed.

Earlier, section 2 of the Act was following: Section 2 of the Act was subsequently amended to repeal section 2 sub-section (1) clause (b) of the principal Act. This means that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi, Christian, who arrived at India prior to 31 December, 2014, any person created by Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act,1987, if he is a citizen of Afghanistan, Bangladesh or Pakistan or any person entries of whose arrival were exempt This means that one may be able to get Indian citizenship if one complied with the aforementioned conditions.

Amendment of the Citizenship of Commitment Act of 2019

1.Targeting a particular community

2. Issues in North-East

3. Discriminatory in Nature

4. Difficulty in Administration

5.Hampering Bilateral Ties

6.Targeting Particular Community

This statute does not include the Muslim community because, out of the six categories that this statute offers Indian citizenship, all the mentioned are considered as minorities in their respective countries. Claims have been made that this measure is against the Muslims since they cannot claim citizenship and their citizenship is in doubt. For instance the two classifications of Muslims who are Shia and Ahmedia are not included by this act; thus they cannot qualify for Indian citizenship. As for their partisans or enthusiasts though, the latter claimed that they have been tortured and threatened in their own country and therefore, the Indian government should grant them citizenship. However, as it is known, Pakistan, Afghanistan, and Bangladesh – nations mentioned in the act – are, along with a part of India, nations with a majority of Muslims.Religious discrimination cannot be a contested issue in these nations since at least 80 percent of the people are Muslims. They may experience some section of violence form their sect, but this statute only deals with religious discrimination.

Another aspect consists in the fact that the number of Hindus reduced by 20% in Pakistan and Bangladesh respectively, while the share of this religion in the total population reduced from 21% to 3% after independence. This is a serious predicament as we also know some individuals from such countries migrating to other parts of the globe, getting killed or converting their faith to the ruling Islamic faith. Nevertheless, since the appearance of the Taliban in Afghanistan, the world has got what can be qualified as the worst type of tyranny. The Taliban is imposing severe rules and restrictions mainly to women, girls, and children. Not even the Muslims are interested in continuing residence in Afghanistan; think about the others as well. As a result the Indian government has embraced these victims welcoming them to come and have a fresh start and also help improve on the Indian economy.

Problems in the Northeast

Notably, most people have been against this measure. There indeed was a large strike and apparently there was also imbalance: in democracy. Not every woman was ready to accept this deed. The actions are contrary to the provisions of the Assam Accord signed in 1985, according to which anyone arriving in Bangladesh after March 25, 1971, in an unlawful manner shall be expelled from the country irrespective of religion. There is also the dread that while anti-Muslim policies like the National Register of Citizenship (NRC) and the CAA demand documentation for Muslims, they could be beneficial to the non-Muslim population. CAA and NRC are therefore widely feared and misunderstood by the people. After the apex court’s judgement in Sarbananda Sonowal v. Union of India, the Foreigners Tribunals were set up in Assam and the latter likewise got supplemented in its National Register of Citizens.Guwahati served as the epicenter of a massive protest that erupted in the northeast due to the NRC, which was only utilized in Assam and omitted almost 19 lakh persons off the list.

Inherently discriminating

The people of India commute a lot to neighbouring countries as India share its boundaries with eight countries. Many people cross borders and enter India as illegals or refugees, with different motives such as political disturbances, natural disasters, and so on, For instance, in Myanmar when the military seized power in the year 2021 March, about 20,000 people crossed the border and entered into India. Conclusively, there are diverse populations of refugees in India; however, the government of India recognises only six such groups for permanent citizenship. The Act does not cover a number of other refugees; for instance the Hindu Rohingya in Myanmar or the Tamils in Sri Lanka. Furthermore, this led to provoked furious protests against the government as these groups also demanded the lifetime grant of the Indian citizenship. However, the government's position is unambiguous: We grant citizenship to the persecuted in their country, which means there will be persecuted in our nation as well. As for prejudice, it is not present in relation to the other communities. Even though prejudice takes place in any country of the Universe due to class, religion, language, or skin color, people belonging to such category cannot be acknowledged as minorities. This means that it is very important to distinguish who is at the receiving end of heavy prejudice so as to help those who deserve it.

Challenges in the Management

The Indian economy still remains in the developing category. India is trying to level up or compensate in many areas where it is currently lagging such as health, education, defense, rural upliftment, railways, banking, agriculture, and more. India, one of the largest populations in the world, is also not satisfactory in the given list in the world.

The aim of presenting all of this information is to show that it will be rather difficult for the authorities to distinguish between people who are persecuted and those who arrive for seeking employment without valid papers. Our nation’s population remains impoverished, and there are no structures that can accommodate such people. Thus, the Indian government should first ensure that India’s own population receives adequate positive basic services before worrying about the rest of the international community.

Impeding Mutual Understanding

Now, international relations remain key determinants of a nation’s development. International relation is in the interest of a person in many ways; in health, education, immigration and in business both in travels. It also forms the chances by which people can make changes to their lives. In other words, it helps fostering FDI which is important for the growth of our country. Since the passing of this Act, numerous discussions, bilateral talks and numerous applications have been made toward those nations. For instance, the Indian government demanded that Bangladesh should repatriate its citizens; however, they were denied. Only after a lot of political pressure they agreed to take back their citizen. Therefore, this Act reveals religious discrimination that has happened and is happening in these three states, and it can intensify the deterioration of a foreign relations with these countries.

Does the Act go against Article 14's guarantee of equality?

The bigots who fail to appreciate the rights of other people in manner because of their religion. The Article 14 of Indian Constitution cannot be considered as arbitrariness according to Supreme Court interpretation as it also provides security within the territory of India and Equal protection of the law. It means that all laws do not also have to be applied in the same way in order to observe the equality principle. The principle of equality does not exclude the possibility of the state’s abilities to differentiate people. A law that bestows different treatment on members of a certain class is not considered as denying equal protection because it does not address itself to other people.

Religious classification is not always incorrect; in fact, our Constitution grants specific rights to adherents of India's minority religious groups. We could do away with borders if the legislation were more lenient and let members of all religious communities from Pakistan, Bangladesh, and Afghanistan to move to India. The allegation of discrimination is rendered even more dubious by the fact that the legislation does not apply to every citizen of every nation (or particular nations) that has been the victim of religious persecution. Even the most courageous attorneys would not dare present such a case. According to former Indian attorney general Harish Salve, this was obviously to their detriment because they were neither TV hosts nor knowledgeable people taking to the streets to protest.

It's also crucial to remember that Article 14 might be It does not control citizenship awards and is found in Part III of the Constitution. The second defense that might be used is that since Article 11 grants the Parliament the power to pass legislation pertaining to citizenship, as long as those laws do not violate the text of Articles 5 to 11, they will be valid. The Amendment Act neither gives citizenship largely on the basis of religion nor rejects citizenship to anybody on that account, hence it cannot be said to be illegal.

Supreme Court's Opinion on the Act

Since the Citizenship Amendment Act (CAA) was enacted on January 20, 2020, there have been over 200 petitions against it filed with the honorable Supreme Court due to the intense protests against it. Indian Union Muslim League (IUML), a political party based in Kerala, Mahua Moitra, MP for Trinamool Congress, Jairam Ramesh, Congress leader and former Union minister, Asaduddin Owaisi, leader of All India Majlis-e-Ittehadul Muslimeen (AIMIM), Congress leader Debabrata Saikia, Assam Advocates Association, NGOs, and law students were among those who filed the plea before the top court contesting the Act. A scheduled meeting on September 12 was postponed to September 19 and subsequently October 31.

The Supreme Court will hold its first hearing on October 31, 2022.Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi, and the other members of the bench issued an order directing that a hearing on a petition concerning the constitutional validity of the Act be place on December 6, 2022.

Government Position on the Act

As per the Indian government's reply submitted at the Supreme Court claimed that the Citizenship Amendment Act is a "benign piece of legislation" that aims to address a particular issue, namely, the systematic operation of these States, the perception of fear that may be common among minorities due to the de facto situation in these countries, and the persecution on the basis of religion in light of the unquestionable theocratic constitutional position in these specified countries. The Center explains that using what they consider the class of minorities that are recognized in three countries, they developed this measure. It further said, Indian administrations have been attending towards the circumstances of these categorized populations in Pakistan, Bangladesh and Afghanistan. The administration said that the CAA was a "narrowly tailored legislation" that aimed to solve the issue.which, for numerous decades, waited for India's attention in search of a solution. It makes no attempt to identify or address any form of alleged persecution that may be occurring now or that may have occurred in the past anywhere in the globe.They stated in their affidavit that nothing in the CAA adversely affects a legal, democratic or secular rights of an Indian citizen. ’The Parliament/Legislature has a wider latitude in matters concerning diplomacy and foreign relations, citizenship, economic policy, etc’ the affidavit highlighted. As per the Ministry, the CAA has been pointed out as capricious and unconscientious since it has purposely excluded certain areas and is against the federal structure. The categorization of Mizoram, Meghalaya, Assam, and other tribal territories Tripura has been classified in the CAA on tangible material, historic, and prevalent grounds based on differences in population density, native culture, economic and social inability in case of mass migration, and reasons of national security. It is governed by Sixth Schedule of the Constitution and area falling in ‘The Inner Line’ as notified under the Bengal Eastern Frontier Regulation, 1873.

Conclusion

India is still a developing country, therefore, it means that every mistake made will have its implications to the extent of the country’s progress. Due to this, the administration has struggled in implementing this act as it has been as contentious as from the year 2016. Before proceeding with the analysis it is necessary to state that both, the government side and the opposition side have presented quite a few arguments, studies and other points of concern. Every political party has something which is right on the other side of the fence. Since citizenship tops many agendas in today’s crowded world, the government should consider the arguments raised by the opposition to enhance the implementation of the Act. Citizenship is one of the most sensitive issues around the world, which require to be handled with a lot of seriousness. Since education offers a man the opportunity to learn the principles of right and wrong, he cannot fall back on education and defraud society of his obligations. This means that to honor this bargain it is to be mature, to fortify it is to be a patriot, and to perform more than is required under it is altruistic, as Isaiah Bowman said.