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Citizenship (Amendment) Rules, 2024

The Citizenship Amendment Act (CAA), enacted in 2019, has stirred considerable debate and controversy in India. The Ministry of Home Affairs (MHA) announced the Citizenship Amendment Rules, 2024, just before the upcoming general elections, sparking renewed discussions about its implications. Aimed at providing citizenship to undocumented individuals from specific religious minorities in neighbouring countries, the CAA’s rules delineate a meticulous process involving various documents and online applications.

Despite all the lauding, the CAA has faced criticism for potential violations of constitutional principles, particularly Article 14’s guarantee of equality. Questions have also been raised about its compatibility with India’s secular ethos. The Act also exempts certain regions, particularly in the northeast, citing concerns for indigenous tribal communities. The home ministry’s efforts to frame these rules highlight the complexities surrounding citizenship laws in a diverse nation like India. With the general elections on the horizon, the implementation of the Citizenship Amendment Act remains a central topic in political discourse, reflecting broader conversations on identity, inclusivity, and the essence of Indian democracy.

The Economic Times in its report, What is Citizenship (Amendment) Act (CAA)? All you need to know, published on March 11, 2024, discusses the recent notification of rules for the implementation of the CAA in India. The rules were officially notified by the Modi-led government just before the General Elections of 2024. The CAA aims to provide Indian citizenship to persecuted non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who arrived in India before December 31, 2014. The eligible communities include Christians, Parsis, Buddhists, Jains, Sikhs, and Hindus. It also explains the purpose of the CAA, which is to safeguard individuals seeking refuge in India due to religious persecution and to shield them from illegal migration proceedings. It mentions that applicants must disclose the year of their entry into India without proper documentation and that the entire application process will be conducted online through a portal prepared by the Ministry of Home Affairs.

It addresses the criticisms and opposition faced by the CAA since its inception, particularly from leading opposition parties who argue that the law is discriminatory as it excludes Muslims. The timing of the rule notification, just before the elections, has raised concerns about political motives, with allegations of attempts to polarise votes in certain states. Moreover, the article highlights the decision of some state governments, such as Kerala, to refuse implementation of the CAA, citing concerns about communal division. It also mentions the anti-CAA protests that resulted in casualties and the government’s repeated extensions in framing the rules since the passing of the CAA in 2019.

It concludes by mentioning the absence of an estimated figure regarding the number of people who may seek citizenship under the new rules but provides data from the Ministry of Home Affairs indicating the granting of Indian citizenship to non-Muslim minorities from these countries in certain states through registration or naturalisation under the Citizenship Act of 1955.

India Today in its article, What is Citizen Amendment Act?, written by Shruti Bansal, published on March 12, 2024, explains the Citizenship (Amendment) Act, which was passed in 2019 and has been the subject of ongoing debate, has now had its regulations officially unveiled. This development coincides with the country’s preparations for upcoming elections, with the government consistently asserting that these regulations would be implemented before the 2024 polls.

The eligibility for Indian citizenship under the new law is determined by residency criteria, requiring immigrants to have resided in India for at least one year in the preceding 12 months and a cumulative total of at least five years within the past 14 years. This marks a significant reduction from the previous requirement of 11 years for citizenship through naturalisation.

However, certain areas designated as tribal regions under the Sixth Schedule of the Constitution, such as Assam, Meghalaya, Mizoram, and Tripura, are excluded from the provisions of the law. This exemption extends to specific tribal districts within these states, including Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal areas district in Tripura.

The passage of the CAA in December 2019 sparked widespread demonstrations, particularly in the northeastern region and other parts of the country. Despite the protests, the legislation received presidential assent. Union Home Minister Amit Shah had previously announced plans to enact and enforce the rules associated with the CAA before the Lok Sabha elections.

Business Standard in its article, Citizenship Amendment Act 2019: A timeline of events, controversies, written by Abhijeet Kumar, published on March 12, 2024, discusses the recent notification of rules to implement the CAA by the Indian government on March 11, just before the 2024 Lok Sabha elections.

The CAA came into effect through a series of legislative steps. The Citizenship Amendment Bill was introduced in Lok Sabha on July 15, 2016 as an amendment to the Citizenship Act, 1955, and was subsequently passed by the Rajya Sabha on December 11, 2019, with 125 votes in favour and 99 against. It received presidential assent, becoming law. This legislation marked a significant departure as it allowed citizenship based on religion for the first time.

The government’s stance on the CAA has been to provide refuge to religious minorities facing persecution in Muslim-majority countries. However, the Act sparked widespread protests across the country, with critics arguing that it discriminates against Muslims and violates constitutional principles of equality. The protests escalated into clashes between students and police, particularly at Aligarh Muslim University and Jamia Millia Islamia University.

The protests reached their peak with the indefinite sit-in at Shaheen Bagh and other demonstrations across India. However, the COVID-19 pandemic and subsequent nationwide lockdown in March 2020 led to the dispersal of protests and the clearing of the Shaheen Bagh site by Delhi police.

Despite the temporary halt in protests, the government reiterated its commitment to implement the CAA, with Union Home Minister Amit Shah reaffirming this pledge in December 2023. However, the aftermath of the Act’s enactment saw various incidents of violence across the country, resulting in casualties. Notable events include communal clashes in Delhi in February 2020 and casualties reported in Assam, Uttar Pradesh, and Karnataka.

Key dates and events outlined in the article include:

December 11, 2019: Passage of the Citizenship Amendment Bill in the Rajya Sabha
December 15, 2019: Clashes between police and students at Jamia Millia Islamia University
December 16, 2019: Commencement of the indefinite sit-in protest at Shaheen Bagh
December 19, 2019–January 2020: Filing of pleas in the Supreme Court challenging the CAA
February 2020: Communal violence erupts in Delhi
March 2020: COVID-19 lockdown which dispersed the protests
December 2023: Amit Shah’s commitment to implement the CAA before the 2024 Lok Sabha elections

Hindustan Times report, CAA India Updates: Muslim activists express support for Citizenship Amendment Act, published on March 12, 2024, explains that the CAA was implemented by the Indian government, four years after its passage in Parliament and just ahead of the Lok Sabha election. The law received presidential assent in December 2019.

Under the CAA, migrants who arrived in India before the specified date and faced religious persecution or fear of religious persecution in their country of origin are eligible for expedited citizenship. Section 6B of the CAA Act, 2019, outlines the eligibility criteria for citizenship, which includes individuals of Indian descent, those married to Indian citizens, minor children of Indian citizens, individuals whose parents are documented Indian citizen, individual or either parent was on Indian citizenship at India’s independence, and individuals holding Overseas Citizen of India (OCI) status.

The implementation of the CAA comes amid widespread protests across the country, with many opposition parties criticising the law as discriminatory. The protests, coupled with police responses, have reportedly resulted in over 100 deaths, according to news agency PTI.

As per the new rules accompanying the CAA, applicants for Indian citizenship must provide specific documents, including an affidavit verifying the accuracy of their application statements and an affidavit from an Indian citizen vouching for the applicant’s character. Additionally, applicants must declare their proficiency in one of the languages specified in the Eighth Schedule to the Constitution.

Hindustan Times in its article, Indian Union Muslim League moves SC seeking stay of CAA Rules, written by Utkarsh Anand, published on March 12, 2024, informs that the Indian Union Muslim League (IUML) has moved the Supreme Court to demand a stay on the Citizenship Amendment Act (CAA) and its accompanying rules. The IUML contends that the rules, notified recently by the union government, establish a fast-tracked process for granting citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan, which it deems discriminatory. The CAA amendments aim to offer expedited citizenship to non-Muslim refugees who arrived in India before December 31, 2014, due to religious persecution.

IUML’s application asserts that the CAA undermines secularism, a fundamental principle of the Indian Constitution. It argues for the suspension of the CAA and its rules until the Supreme Court delivers a final verdict on its constitutionality. The petition requests protection for Muslim individuals who might face coercive actions under citizenship-related laws during this period.

The CAA rules were announced by the union government, fulfilling a promise made by the Bharatiya Janata Party (BJP) in its 2019 election manifesto. Critics, including West Bengal Chief Minister Mamata Banerjee, have raised concerns about the timing of the notification, linking it to the upcoming elections. The law’s passage in 2019 sparked protests and led to several petitions before the Supreme Court. Various petitioners, including Congress leader Jairam Ramesh, AIMIM president Asaduddin Owaisi, and TMC MP Mahua Moitra, have challenged the CAA’s validity on grounds of religious discrimination and arbitrariness. The Centre’s latest affidavit argues that matters of citizenship and immigration policy fall under Parliament’s purview and are not subject to judicial review. It defends the CAA as consistent with constitutional principles and asserts that it does not infringe upon the rights of existing Indian citizens.

Furthermore, the affidavit states that the CAA will not incentivise illegal migration, as the eligible migrants are already residing in India. It reassures that granting citizenship to persecuted minority communities does not compromise the rights of existing Indian citizens or violate constitutional obligations regarding internal security.

The Hindu in its article, CAA won’t impact citizenship of Indian Muslims, says Centre, written by Vijaita Singh, published on March 12, 2024, clarifies the stand of the Ministry of Home Affairs (MHA) addressing concerns surrounding the CAA in India. The statement aimed to reassure Muslims amidst apprehensions following the notification of the CAA rules. The MHA emphasised that no Indian citizen would be required to produce documents to prove their citizenship under the CAA. It clarified that the Act does not impact the citizenship status of the current Indian Muslim population, estimated at 18 crores (180 million), ensuring they retain equal rights compared to other religious communities. Concerns have been raised regarding the potential impact of the CAA on Muslims, especially in conjunction with the proposed National Register of Citizens (NRC). The Act provides citizenship to undocumented individuals from specific religious minorities in neighbouring countries who entered India on or before December 31, 2014. However, it has been observed by experts that the excluded Muslims may face challenges in proving their citizenship. The MHA highlighted that the CAA does not mandate the deportation of undocumented immigrants and dismissed concerns that the Act discriminates against Muslim minorities. It reiterated that the definition of an undocumented immigrant under the CAA aligns with the Citizenship Act of 1955. Addressing questions about the impact of the CAA on the image of Islam, the MHA underscored the Act’s aim to protect persecuted minorities in Pakistan, Afghanistan, and Bangladesh, rather than targeting Islam itself. It emphasised the peaceful nature of Islam and the need to differentiate between religious persecution and state policies. The ministry also emphasised that Muslims from any part of the world can seek Indian citizenship under existing laws. It noted that the CAA aims to provide refuge to persecuted minorities from specific countries and streamline the citizenship system to control undocumented migration. The statement also highlighted the provision for long-term visas for minorities from the aforementioned countries since 2016. Additionally, it clarified that the CAA does not invalidate existing naturalisation laws, allowing individuals, including Muslim migrants, to apply for Indian citizenship under prevailing regulations. Overall, the MHA’s statement aimed to address misconceptions and provide clarity on the objectives and implications of the Citizenship Amendment Act, seeking to allay concerns among Muslims and the broader population regarding its impact on citizenship and religious freedom in India.

Aljazeera in its article, Dark day: India on edge over religion-based citizenship law before polls, written by Yashraj Sharma, published on March 12, 2024, discusses the protests and controversies surrounding the implementation of the CAA by the government in India. The notification of the CAA introduces the country’s first religion-based citizenship test, expediting citizenship for refugees from neighbouring nations who are Hindu, Sikh, Christian, or from other religious minorities but not if they are Muslim. Critics argue that the law discriminates against Muslim asylum seekers and creates a two-tier system of citizenship.

The CAA, passed by Parliament in 2019, had faced delays in implementation due to widespread protests across the country. However, the recent announcement of its implementation reignited demonstrations, particularly in areas of the national capital and northeastern states. Security forces were deployed to quell protests, which erupted at universities and other key locations.

Critics, including political activists and lawyers, question the timing of the law’s implementation, coming just before national elections and the start of Ramadan. They argue that it aims to polarise voters along religious lines and distract from other pressing issues, such as the electoral bonds scandal. Many have filed petitions challenging the constitutionality of the CAA.

Opposition leaders, rights activists, and Muslim groups have condemned the law, expressing concerns about its discriminatory nature and its potential conjunction with the proposed National Register of Citizens (NRC), which they fear could target Muslims in India. The article also reflects on the significance of the anti-CAA protests, particularly the Shaheen Bagh blockade, as a symbol of resistance against what many see as discriminatory policies. Activists vow to continue fighting for justice and equality, despite challenges and arrests of key leaders. They see the anti-CAA movement as a broader struggle for the principles of democracy and equal citizenship in India.

mint in its article, CAA ‘violates’ Indian Constitution: Netizens react as Centre implements Citizenship Amendment Act 2019, written by Sounak Mukhopadhyay, published on March 12, 2024, discusses the initiation of the implementation of the Citizenship Amendment Act (CAA) 2019 by the government on March 11. However, the implementation of the Act has sparked strong reactions, with many accusing it of violating the Indian Constitution.

Various individuals and commentators express their concerns about the CAA’s compatibility with constitutional provisions, particularly Article 14 and Article 15, which guarantee equality before the law and prohibit discrimination on the basis of religion. Critics argue that the Act undermines these fundamental rights by selectively granting citizenship based on religion, thus threatening the secular fabric of the nation and marginalising vulnerable communities. Some users on social media platforms like Twitter condemn the Act as communal and criticise its timing, suggesting that it is a political move to incite communalism before elections. Journalist Sagarika Ghosh highlights the violations of Article 14 by the CAA and expresses concern over its potential impact on India’s secular ethos.

However, others counter these arguments by asserting that Articles 14 and 15 of the Indian Constitution apply only to Indian citizens and not to foreign nationals seeking Indian citizenship. They argue that the CAA does not violate constitutional provisions in this context. Actor Vijay, President of the Tamilaga Vettri Kazhagam, also issues a statement opposing the CAA and urging the government not to implement it in Tamil Nadu, emphasising the importance of social harmony among all citizens. Overall, the article reflects the ongoing debate and controversy surrounding the CAA’s implementation, highlighting the diverse perspectives and concerns regarding its implications for India’s constitutional values and societal harmony.

India Today in its article, Everything you wanted to know about CAA, NRC and the politics around it, written by Ashish Mukherjee published on March 12, 2024, summarises that on March 11, just before the Lok Sabha election, the Union Ministry of Home Affairs (MHA) announced the Rules under the Citizenship (Amendment) Act (CAA), 2019, facilitating the implementation of the controversial law nationwide. These rules specify the procedure for eligible individuals to apply for Indian citizenship under the CAA, with applications to be submitted online through a dedicated web portal.

The newly introduced rules outline the required documents for the application process but notably do not demand proof of persecution in the applicants’ home countries.

While the government asserts that the CAA intends to provide refuge to minorities facing religious persecution in neighbouring countries, critics highlight the absence of provisions explicitly addressing persecution in the law itself. Additionally, concerns have been raised regarding the law’s exclusion of Muslims and its potential violation of Article 14 of the Indian Constitution, which guarantees equality before the law.

The roots of the CAA lie in the concept of Akhand Bharat, espoused by the RSS-BJP, which considers India as the mother country of Hindus across the region. The law’s focus on specific religious groups stems from their minority status and perceived persecution in predominantly Muslim-majority countries. However, it has sparked protests and controversies, especially in the northeastern states, where fears of demographic shifts and historical tensions with immigrants persist.

The implementation of the CAA intersects with discussions surrounding the National Register of Citizens (NRC), although the two are separate issues. Despite assurances from the government that the CAA is not intended to strip Muslims of citizenship rights, apprehensions persist, leading to opposition from various political quarters, including West Bengal Chief Minister Mamata Banerjee.

The article discusses the electoral implications of the CAA, particularly in Assam and West Bengal, where it could affect the political landscape by granting citizenship to specific immigrant groups. However, questions arise about the exclusion of certain refugee communities, such as Rohingya Muslims from Myanmar and Tamil Hindus from Sri Lanka, prompting calls for a more comprehensive refugee policy in India.

While India has a history of accommodating diverse refugee groups, the absence of a unified policy framework complicates their legal status and access to rights and facilities. While some groups, like Tibetan refugees, have been granted certain privileges, others, like Rohingyas, continue to face uncertain futures, relying on international aid agencies for support. Ultimately, the implementation of the CAA underscores broader discussions on citizenship, refugee rights, and identity politics in India.

The Economic Times in its article, CAA rules explained: How to apply for citizenship? Who are included and excluded? Here is all you need to know, published on March 13, 2024, explains the Citizenship Amendment Rules, facilitate the implementation of the CAA just before the Lok Sabha elections.

Eligibility criteria for citizenship under the CAA include being a national of either Pakistan, Afghanistan, or Bangladesh; having entered India by December 31, 2014; being of Indian origin or having resided in India for a specific duration and possessing adequate knowledge of a language specified in the Constitution’s Eighth Schedule. The application process involves submitting various documents online, including affidavits, passport or residential permit copies, evidence of parents’ birth, and other specified documents.

The application submission process involves electronic submission to the Empowered Committee through the District Level Committee, document verification, oath of allegiance administration, and consideration of refusal if the applicant fails to appear in person. Applicants are also required to declare renunciation of their current citizenship.

However, the constitutional validity of the CAA has been challenged through multiple petitions filed by various political leaders, Muslim bodies, student unions, NGOs, and law students. The Supreme Court has issued notices to the Centre to respond to these challenges by the second week of January.

Furthermore, certain areas are exempt from the CAA, including regions covered by the Constitution’s Sixth Schedule and states with an Inner-Line permit regime, primarily in northeast India. This means migrants from Afghanistan, Bangladesh, and Pakistan belonging to the specified communities cannot be granted Indian citizenship if they reside in these areas.

The Indian Express, in its article, CAA: Issues in the legal challenge to the law, written by Apurva Vishwanath, published on March 13, 2024, mentions that the Ministry of Home Affairs has notified the rules to implement the CAA, more than four years after its passage by Parliament. The CAA, which aims to grant citizenship to migrants from specific religious minorities who entered India before December 31, 2014, has been a contentious issue, sparking widespread protests and legal challenges.

The amendment to the Citizenship Act, 1955, relaxed eligibility criteria for migrants from Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Pakistan, Afghanistan, and Bangladesh. However, certain areas, such as tribal areas in Assam, Meghalaya, Mizoram, and Tripura, and those protected by the ‘Inner Line Permit’ system, were exempted from the Act.

The Inner Line Permit system, a colonial concept, separates tribal-majority hills in the northeast from the plains areas. The law was initially notified in January 2020 but remained unimplemented due to the absence of rules. However, on May 28, 2021, the central government issued an order granting district collectors in 13 districts the power to accept citizenship applications.

The notified rules prescribe the procedures and documents required for citizenship applications, aiming to streamline the process. However, the CAA faces legal challenges, primarily on the grounds that it violates Article 14 of the Constitution, which guarantees equality before the law. The petitioners argue that using religion as a criterion for citizenship is discriminatory.

The Supreme Court is tasked with determining whether the special treatment afforded to specific religious minorities constitutes a reasonable classification under Article 14 and whether the exclusion of Muslims is discriminatory. Additionally, there are concerns about the Act’s compatibility with secularism, a fundamental feature of the Constitution.

The fate of Section 6A of the Citizenship Act, 1955, which pertains to Assam and is also under challenge before the Supreme Court, further complicates the issue. This section, introduced after the signing of the Assam Accord, sets a different timeline for determining citizenship eligibility in the state, potentially conflicting with the CAA’s provisions. The outcome of these legal challenges will have significant implications for the implementation of the CAA and its impact on citizenship laws in India, particularly in Assam.

The Indian Express in its article, The CAA Rules unpacked, written by Deeptiman Tiwary, published on March 13, 2024, provides a detailed overview of the implementation of the CAA and its rules, along with historical context, relevant information.

The article starts by mentioning the notification of the CAA Rules by the Centre on March 11. This marks a significant step towards implementing the controversial law, passed by Parliament in December 2019. It outlines the eligibility criteria for individuals seeking citizenship under the CAA. Specifically, it mentions that the law benefits Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014. The article details the documentation required for applicants, which includes proof of origin, religion, date of entry into India, and knowledge of an Indian language. It also discusses the relaxation of documentation requirements compared to previous regulations. It explains the process for processing citizenship applications under the CAA, which involves the establishment of Empowered Committees and District Level Committees by the Centre. These committees will receive and process applications electronically. The article provides historical context by mentioning previous government initiatives to address the plight of refugees, such as amendments to citizenship rules and exemptions for specific categories of migrants. It briefly touches upon concerns and criticisms surrounding the CAA, including opposition from certain states and questions about its compatibility with constitutional principles.

BBC in its article, CAA: India’s new citizenship law explained, published on March 14, 2023, delves into the contentious Citizenship Amendment Act (CAA), which has been a topic of heated debate and controversy since its inception in 2019. The Ministry of Home Affairs (MHA) recently introduced the Citizenship Amendment Rules, 2024, just before the impending general elections, reigniting discussions regarding its ramifications.

Enacted with the objective of granting citizenship to persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan, the CAA has drawn criticism for its perceived bias against Muslims. The Citizenship Amendment Bill (CAB) was passed in the upper house of parliament on December 11, 2019, after securing approval in the lower house two days earlier. This bill amended the existing Indian Citizenship Act, 1955, altering criteria for illegal migrants seeking citizenship and introducing a modified residency requirement.

The CAA extends citizenship privileges to members of six religious minority communities—Hindu, Sikh, Buddhist, Jain, Parsi, and Christian—hailing from specific countries, who can demonstrate persecution. These individuals only need to reside or work in India for six years to qualify for naturalisation. However, exclusion of Muslims from this provision has sparked allegations of religious discrimination and challenged India’s secular principles.

Critics contend that the law contravenes constitutional guarantees of equality and protection from religious discrimination, emphasising that citizenship criteria should not be based on faith. Concerns have also arisen regarding the potential exclusion of other persecuted religious minorities, such as Ahmadis in Pakistan and Rohingyas in Myanmar.

The roots of the CAA trace back to its initial proposal in July 2016, facing significant opposition, particularly in north-eastern India, due to apprehensions about heightened migration. Tensions escalated due to its association with the National Register of Citizens (NRC), aimed at identifying illegal migrants. The NRC implementation, especially in Assam state, resulted in millions being excluded from the citizens’ register, sparking fears of deportation.

The CAA’s correlation with the NRC is pivotal, as it provides safeguarding measures for non-Muslims omitted from the register. The government’s proposition of a nationwide citizens’ register aims to identify and expel illegal migrants. Critics argue that the amalgamation of the NRC and CAB could marginalise Muslims and promote majoritarianism in India.