The Citizenship (Amendment) Rules, 2024

02 April 2024

In the midst of impending general elections, a significant development unfolded as the Ministry of Home Affairs (MHA) announced the enactment of the Citizenship Amendment Rules, 2024 on March 11. These rules mark a crucial step towards the implementation of the Citizenship Amendment Act (CAA), originally passed by the Parliament in 2019. The CAA garnered attention for its provisions offering citizenship to undocumented individuals hailing from Hindu, Sikh, Buddhist, Parsi, Christian, and Jain communities from Pakistan, Bangladesh, and Afghanistan.

However, the path to acquiring citizenship under this legislation requires applicants to navigate through the intricacies of eligibility, documentation, and scrutiny, the CAA embodies a complex interplay of legal, political, and humanitarian considerations. Its implementation heralds a new chapter in India’s citizenship framework, necessitating a delicate balance between inclusivity, security, and adherence to constitutional principles.

About the Citizenship Amendment Act (CAA), 2019

The CAA, 2019 is the legislation that seeks to amend the Citizenship Act of 1955 and is associated with some specific categories of foreign migrants living in our country. It was passed in December 2019 but was lying dormant since then, as the government had not framed the rules yet. The main objective of this Act is to grant Indian citizenship to victimised religious minorities.

Key Features of the Citizenship Amendment Act (CAA), 2019

Amendment of the Citizenship Act, 1955 The CAA amends the Citizenship Act of 1955 to grant Indian citizenship to specific categories of foreign migrants who belong to Hindu, Sikh, Christian, Jain, Buddhist, and Parsi communities from Pakistan, Afghanistan, and Bangladesh who entered into India on or before the 31st day of December, 2014 and who has been exempted by the central government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order and states that they should not be treated as illegal migrant.
Eligibility criteria The Act specifies that eligible migrants must have entered India on or before December 31, 2014, to qualify for citizenship. It also requires them to have faced persecution or discrimination in their home countries based on their religion.
Application process The central government or an authorised body is empowered to grant a certificate of registration or naturalisation to eligible migrants upon application. This process is subject to prescribed conditions, restrictions, and procedures, ensuring a systematic approach to citizenship acquisition.
Citizenship deeming Individuals who are granted such certificates are deemed citizens of India from the date of their entry into the country. However, this citizenship status is contingent upon the fulfilment of conditions specified in Section 5 or meeting the qualifications for naturalisation outlined in the Third Schedule of the Act.
Immunity from legal proceedings Any ongoing proceedings against an individual under this section, related to illegal migration or citizenship, are automatically dismissed upon the conferment of citizenship. This provision ensures that individuals with pending proceedings are not disqualified from applying for citizenship. Furthermore, their applications cannot be rejected solely based on the existence of pending proceedings. Additionally, applicants retain their rights and privileges accrued prior to the submission of their citizenship application, safeguarding their interests during the process.
Exclusion of specific regions Certain regions specified in the Sixth Schedule of the Indian Constitution are exempted from the purview of the CAA. The regions specified in the Sixth Schedule of the Constitution, i.e., Dima Hasao, Karbi Anglong, and Bodoland Territorial Council areas in Assam, Garo Hills in Meghalaya and tribal areas in Tripura, are exempted from the provisions of the CAA to safeguard the interests of indigenous tribal communities residing therein. Areas covered by the Inner Line Permit system notified under the Bengal Eastern Frontier Regulation, 1873, including parts of Arunachal Pradesh, Nagaland, Manipur, and Mizoram, are also excluded from the ambit of the CAA. This system regulates the entry of outsiders into these regions to protect the culture and identity of indigenous inhabitants.
Residency requirement alteration The Act reduces the residency requirement for naturalisation from eleven years to five years, making it easier for migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian community in Afghanistan, Bangladesh, and Pakistan to qualify for Indian citizenship.
Revocation of Overseas Citizen of India (OCI) card With the amendments in Section 7D of the Citizenship Act, 1955, the Act empowers the central government to revoke the registration of OCI cardholders but allow them to keep their viewpoint in front of the central government before their OCI card is cancelled.

Rationale behind the Application of the CAA 2019

Historical injustice and religious persecution The partition of India in 1947 resulted in significant population movements, with millions of Hindus, Sikhs, Christians, Jains, Buddhists, and Parsis migrating to India from Pakistan and other neighbouring countries. However, a substantial number of individuals belonging to these communities chose to remain in these countries. Over the years, reports of religious persecution and mistreatment of minority communities in these nations surfaced, where their rights to practice, propagate, and profess their respective religions were curtailed. The CAA acknowledges this historical injustice and aims to provide relief to those who faced persecution due to their religion. According to the information provided by the Union home ministry, more than 4,500 individuals hailing from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities originating from Afghanistan, Bangladesh, and Pakistan (ABP) were conferred Indian Citizenship during the span of four years leading up to 2022. The year 2022 witnessed the highest volume of citizenship grants to individuals belonging to persecuted minorities.
Status of illegal migrants Under the provisions of the Citizenship Act of 1955, individuals belonging to the aforementioned religious communities who migrated to India without passport, and formal travel documents or continued to reside in India even after the expiry of their documents were considered illegal migrants. This status rendered them ineligible to apply for Indian citizenship under the existing legal framework. The CAA seeks to address this issue by offering a pathway to citizenship for such migrants.
Granting citizenship to eligible migrants The CAA, 2019 stipulates that illegal migrant who arrived in India before December 31, 2014, from these specific religious communities in Pakistan, Afghanistan, and Bangladesh shall be eligible for Indian citizenship through registration or naturalisation, as prescribed by the central government. This provision aims to provide a legal mechanism for these migrants to acquire citizenship, thereby affording them the rights and protections enjoyed by Indian citizens.
Reduction of residency requirement The Act amends the residency requirement for naturalisation, the reduction acknowledges the unique circumstances and challenges faced by these migrants and seeks to streamline the citizenship acquisition process.
Protection of constitutional guarantees The CAA also emphasises the protection of constitutional guarantees provided to the native people of north-eastern regions. By exempting certain regions specified in the Sixth Schedule of the Constitution and areas under the Inner Line Permit system, the Act aims to safeguard the interests of tribal and native communities inhabiting these regions.

Process of Application Submission

The process of applying for citizenship under the Citizenship Amendment Act (CAA) involves several steps and document requirements. To apply for citizenship under the CAA, individuals must submit their applications through the designated online portal, indiancitizenshiponline.nic.in. Upon submission, applicants will receive either a digital certificate of registration or a digital certificate of naturalisation.

The rules specify that only individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian identities from Afghanistan, Bangladesh, and Pakistan are eligible for citizenship under the Act.

The key provisions of the Citizenship (Amendment) Rules, 2024 are mentioned below:

(i) Rule 10A Rule 10A specifies the eligibility criteria as well as application procedures for individuals who are qualified according to Section 6B of the Citizenship Act, 1955. Different types of application forms and requirements are stated by this rule depending on different eligibility categories. This rule has been added just after Rule 10 of the Citizenship Rules, 2009.

To complete the application process, applicants must provide a minimum of five to six documents, which are as follows:

A filled application form
One document listed under Schedule IA of the Act, such as land or tenancy records, birth certificates, or identity documents
One document from Schedule IB, including a ration card, Aadhaar card, licence, or any official letter issued by the government or court with an official stamp
An affidavit verifying the correctness of statements made, attested by a Notary/Oath Commissioner/Magistrate
A document proving that the applicant or either of their parents was a citizen of Independent India (passport or birth certificate), and
If available, a copy of an expired Foreign Passport or Residential Permit.

(ii) Rule 11A Under this rule, the authority responsible for accepting the applications of persecuted individuals, who are eligible as per Section 6B, is specified. It states the entire process for submitting applications electronically to the Empowered Committee with the help of the District Level Committee. It also specifies verification procedures and how the oath of allegiance will be administered.

(iii) Rule 13A This rule deals with the inspection of applications, which is carried out by the Empowered Committee. Under this rule, the responsibilities of the Empowered Committee are defined. These responsibilities are associated with inspecting applications for acquiring Indian citizenship via naturalisation or registration under Section 6B. This would ensure that a complete application is submitted and that the applicant fulfils the eligibility criteria.

(iv) Rule 14 This rule has been amended. It states that digital certificates of registration in Form XA or XIA as well as hard copies of the registration certificate will be issued. Besides, all the provisions regarding this issuance have been mentioned here. The Empowered Committee needs to sign the certificates digitally, or its chairman must sign the certificates.

(v) Rule 15 There is an amendment to this rule as well. It states that digital certificates of naturalisation in Form XIIA along with hard copies of these certificates will be issued. Besides, all provisions related to such issuance are mentioned here. Like Rule 14, the Empowered Committee needs to sign these certificates digitally or its chairman must sign these certificates.

(vi) Rule 17 Under Rule 17, references to Section 6B along with Section 5 have been added, thereby amending this rule. It indicates that the eligibility criteria for citizenship have been enlarged.

(vii) Rule 38 (3) As per this rule, in order for the oath of allegiance to be effective, the Designated Officer mentioned in Rule 11A must administer it or it must be signed in front of him/her. It is to be noted that the oath of allegiance is required under Section 5(2) or Section 6(2). This makes the oath-taking process valid and legal.

Reasons for Challenging the CAA

Constitutional validity The Indian Union Muslim League (IUML) challenged the CAA before the Supreme Court (SC), stating that its provisions are not constitutional and are biased against Muslims. Besides, the time when the rules to grant citizenship have been notified is not appropriate, as Lok Sabha elections are just around the corner. It could make matters worse. Afterwards, over 200 petitions were filed that are aligned with IUML’s challenge.
Unfavourable for Muslims CAA has not included Muslims in the persecuted category because the three Islamic countries in question have Muslims in majority. But the law has to undergo a test to check if these countries were chosen to exclude Muslims.
The petitioners claim that the law targets Muslims. As per the Amendment, citizenship is granted on the basis of religious grounds, which opposes the principles of secularism, equality, justice, and liberalism. It does not allow certain categories of Muslims who too are persecuted in India’s neighbouring countries, like Balochi, Shia, and Ahmadiyya Muslims in Pakistan and Hazaras in Afghanistan, to avail the benefits of CAA.
Critics argue that the CAA, when viewed in conjunction with proposed National Register of Indian Citizens (NRIC), disproportionately impacts Muslims by depriving them of citizenship rights. While non-Muslims excluded from the NRIC may have the opportunity to regain citizenship through the CAA, Muslims do not have the same privilege.
Violates the Right to Equality The petitioners argue that CAA breaches Article 14 of the Constitution. This Article specifies that ‘the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’ CAA uses religious grounds as a standard to violate the Fundamental Right to Equality.
The petitioners further argue that Muslims may be targeted while identifying illegal immigrants in Assam through the National Register of Citizens (NRC) and CAA. The SC has to step in to determine if special privilege given to persecuted migrants is reasonable under Article 14 to categorise them for granting Indian citizenship as per CAA or if CAA is merely excluding Muslims.
The SC has ruled that the CAA will have to undergo two tests to prove that it is not violating Article 14. In the first test, it will be checked that the groups of people must be separated on the basis of a difference that can be clearly understood. In the second test, it will be checked that this difference must have a reasonable connection with the aim of the CAA.
The SC is authorised to cancel any classification if it is unfair. Besides, the more important question is that if determining eligibility for citizenship on religious grounds infringes secularism, a basic principle of the Constitution.
Violates the Assam Accord Assam has always dealt with the issue of illegal immigrants. The Assam Accord is an agreement between the Centre and the leaders of the Assam movement held in August 1985. Its main objective is to identify the foreigners in Assam. Under Clause 5 of the Accord, it is provided that the base cut-off date for detecting and removing ‘foreigners’ shall be 1st January 1966. However, certain provisions are mentioned for regulating people who entered India post this date but up to 24th March 1971. The final NRC released in 2019 was also based on these dates.
As per Section 6A of the CAA, foreign nationals who entered Assam between 1st January 1966 and 25th March 1971 may apply for Indian citizenship. In case the SC considers the current cut-off date, i.e., 24th March 1971, as the cut-off date for arriving in the state, the CAA would weaken the Assam Accord, as the timeline fixed by the CAA is different. The petitioners also argue that there may be a surge in illegal migrants entering Assam from Bangladesh due to the CAA. Besides, cultural, political and land rights may be denied to the indigenous people of north-eastern states with the influx of migrants. The Act’s provisions could lead to further influx of migrants into the region, exacerbating existing tensions and challenges.

Other concerns and criticisms associated with the implementation of the CAA, regarding its rules and implications are as follows:

The CAA has been criticised for its selective approach to citizenship, fast-tracking it for undocumented immigrants from specific non-Muslim communities from neighbouring countries. This selective approach has been viewed as discriminatory and contrary to the principles of equality and secularism enshrined in the Constitution.
The rules for applying for citizenship under the CAA stipulate specific documentation requirements. These requirements may pose challenges for marginalised communities, including Muslims, queer individuals, and Dalits, who may lack access to the necessary documents.
There has been criticism regarding the composition of the Empowered Committee as detrimental to federalism, given its imbalance in representation between the central and state governments.
The composition of the two committees, as outlined in the online portal guidelines, includes representatives from various government agencies and departments. However, concerns have been raised about the potential for corruption and mistreatment of applicants, particularly due to the composition of the Empowered Committee, which has a lopsided representation favouring the central government. The presence of Intelligence Bureau officers and vague nominees from the central government in these committees has led to apprehensions about potential biases and lack of accountability.

While the release of the Citizenship (Amendment) Rules, 2024 marks a significant step in the citizenship framework of India, the CAA remains contentious due to its validity, comprehensiveness, and potential impact on the social diversity of the nation. It is essential that any citizenship policy be transparent, accountable, and aligned with constitutional values to ensure equal treatment for all individuals seeking Indian citizenship. Moving forward, there are several avenues to consider for enhancing the inclusivity and fairness of India’s refugee and citizenship policies. This includes developing a more inclusive refugee policy that aligns with international standards, providing assistance to individuals, especially marginalised communities, in obtaining necessary documentation, facilitating stakeholder engagement and dialogue to address concerns, engaging with neighbouring countries to address religious persecution, conducting educational and awareness campaigns to promote public understanding of citizenship laws and constitutional principles. By adopting these measures, India can work towards a citizenship framework that upholds principles of equality, secularism, and inclusivity, while simultaneously addressing the legitimate concerns of all stakeholders involved.