Context

This Article is based on the news “Centre notifies CAA 2024 rules ahead of Lok Sabha polls schedule announcement” which was published in the Indian Express. The Ministry of Home Affairs Monday notified the Citizenship Amendment Rules 2024.

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CAA 2024 Rules: Citizenship Amendment Rules 

• Implementation of Citizenship Amendment Act 2019: Citizenship Amendment Rules 2024 would enable the implementation of the Citizenship Amendment Act (CAA) passed by the Parliament in 2019.
• Portal for Application: The Ministry of Home Affairs has created a portal for this.
  • The applicants must declare the year they entered India without travel documents.
• Delay in Implementation of CAA: Despite its enactment in 2019, the Citizenship Amendment Act (CAA) could not be implemented because the rules were not notified.
• Reasons for delay in Implementation: The delay in implementing the legislation has been attributed to widespread protests against it in states like Assam and Tripura.

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What Are Citizenship Amendment Rules?

• About: The CAA 2024 rules now provide a framework for the application process for those eligible under Citizenship Amendment Act 2019.
• Application Process: The Citizenship Amendment Rules 2024, will enable persons eligible under the Citizenship (Amendment) Act (CAA), 2019 to submit their individual applications completely online to an Empowered Committee through a District Level Committee as may be notified by the Central Government.
• Eligible Applicants: They include individuals of Indian origin, spouses of Indian citizens, minor children of Indian citizens, individuals with registered Indian citizen parents, and Overseas Citizens of India Cardholders, among others.
• Permissible Documents: They include birth certificates, tenancy records, identity papers, and any licence, 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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What is Citizenship Amendment Act 2019?

• About: The Citizenship Amendment Act (CAA) is a legislative enactment that was passed on December 11, 2019 to amend the Citizenship Act of 1955. 
• Citizenship to Religious Minorities: This amendment allowed for the grant of Indian citizenship to religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who fled from neighbouring Muslim-majority countries of Pakistan, Bangladesh, and Afghanistan due to religious persecution till December 31,2014.Reduced Number of Years of Indian Residency: Under the act, for the specified class of illegal migrants, the government has reduced the number of residency years to five.
  • This marks a significant reduction from the previous requirement of 11 years for citizenship by naturalisation.

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Exemptions Under Citizenship Amendment Act 2019

• Autonomous Councils: 

  • Autonomous councils created under the 6th Schedule of the Constitution are exempted from the purview of Citizenship Amendment Act 2019. 
    • The law will, therefore, not be implemented in most tribal parts of Northeastern states. 
  • Autonomous councils under this special status include Karbi Anglong, Dila Hasao and Bodoland Territorial Council areas in Assam, Garo Hills in Meghalaya and tribal areas in Tripura.

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• Areas Under Inner Line Permit (ILP): 

• • 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 Arunachal Pradesh, Nagaland, Mizoram and Manipur.
    • This exclusion aims to safeguard the interests of the tribal and indigenous communities in the North-Eastern region. 
    • Individuals residing in these areas will not be eligible to apply for Indian citizenship under the Citizenship Amendment Act 2019.

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Issues With Citizenship Amendment Act 2019

• Fears of Illegal Migration: 

  • Indigenous groups in the northeast have expressed concerns over a potential loss of political, cultural, and land rights, as well as fears of increased migration from Bangladesh.

• Religion-Based Citizenship: 

  • The critics of the law object to the religion-based exclusion of refugees from the benefit of Citizenship Amendment Act, arguing that linking Indian citizenship with religion undermined the secular character of the country.
    • The petitioners have contended that the law is arbitrary as it leaves out the persecuted Rohingya of Myanmar, Tibetan Buddhists from China and Tamils from Sri Lanka.

• Against the Right to Equality: 

  • It violates the right to equality enshrined in the Constitution of the country as it discriminates against Muslims. Sects like Shias and Ahmedis also face persecution in Muslim-majority countries like Pakistan but are not included in the Citizenship Amendment Act 2019.
    • Questions have also been raised on the exclusion of persecuted religious minorities from other regions such as Tibet, Sri Lanka and Myanmar.

• Against Assam Accord: 

  • The Citizenship Amendment Act (CAA) is seen in Assam as violating the 1985 Assam Accord, allowing foreign migrants who came to Assam after January 1, 1966, but before March 25, 1971, to seek citizenship. 
    • The cut-off date for citizenship to be extended under the CAA is December 31, 2014.
    • The Citizenship Amendment Act (CAA) 2010 might contradict the Assam Accord, as it establishes a distinct timeline.

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• Protest Against NRC: 

• • The protests were against the decision to introduce a National Register of Citizens (NRC) and implement the Citizenship (Amendment) Act, 2019.
  • The petitioners have argued that the NRC in Assam to identify illegal immigrants, along with the CAA, will result in the targeting of Muslims.

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Arguments in Favour of Citizenship Amendment Act 2019

• Not Applicable to Indian Citizens: 

  • The government has asserted that the Citizenship Amendment Act, 2019 will not take away the citizenship of any Indian citizen, irrespective of religion as the CAA does not apply to Indian citizens. The rules are only for those who have suffered persecution for years and have no other shelter in the world except India.
    • Its primary objective is to provide Indian citizenship to certain foreigners who have encountered religious persecution in neighbouring countries based on their faith.

• Distinguishing Based on Religion Persecution: 

  • Citizenship Amendment Act (CAA), 2019 does not classify on the grounds of religion but distinguishes on that of “religious persecution”. It said the legislation seeks to undo the “historical injustices”.

• Citizenship to Illegal Migrants: 

  • It establishes a framework for migrants who might have been considered “illegal” otherwise, providing them with the opportunity to apply for Indian citizenship, provided they meet certain conditions.

• Reforming Residence Requirement: 

• • It reduces the residency requirement from 11 to five years.

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Arguments of Supreme Court

• Criteria for Upholding Equality Under Article 14: The Supreme Court has affirmed that any law facing challenges under Article 14 must successfully navigate two legal criteria to uphold equality: 
  • Any distinction between groups must be based on an “intelligible differentia,” 
  • This differentiation must have a rational connection to the objective pursued by the legislation.

• Scrutiny of Rules: The government’s justification for excluding Muslims from the category of “persecuted” minorities hinges on the argument that Pakistan, Afghanistan, and Bangladesh are Islamic nations where Muslims constitute the majority. 
• Scrutiny will be applied to determine whether these three countries were specifically chosen to exclude Muslims. 

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Conclusion

Since the Citizenship Amendment Act (CAA) 2019 discriminates based on religion, it strikes at the root of the concept of secularism, which is the basic structure of the Constitution. Therefore, the CAA can be made religion-neutral by granting citizenship to all migrants irrespective of their religious status.

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