• UGI USER
  • Mar 15, 2024
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CAA AND STATUS OF JUDICIAL PROCEEDINGS

Syllabus:

  • GS 2 : Indian Constitution – Evolution, Features, Amendments and Significant Provisions.

Why in the News?

  • Implementation of the Citizenship Amendment Act (CAA) has been a contentious issue since its passage in 2019.
  • Recent notification of rules by the Ministry of Home Affairs (MHA) aims to operationalize CAA provisions, raising questions about its impact.

About Citizenship Amendment Act 2019

Amendment in 2019: 

·   The Citizenship Act, 1955 was amended in 2019 to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian migrants from Pakistan, Bangladesh, and Afghanistan.

·   Eligibility Criteria: Migrants entering India before December 31, 2014, who faced “religious persecution or fear of religious persecution” in their country of origin are eligible for accelerated citizenship.

·   Criminal Exemptions: The amendment exempts members of these communities from criminal cases under the Foreigners Act, 1946, and Passport Act, 1920, related to illegal entry and expired visas.

Relaxations Introduced:

·   Residency Requirement: Under the previous Citizenship Act, applicants for naturalization needed to reside in India for 11 of the previous 14 years, including the last 12 months.

·   Relaxation in Residency: The 2019 amendment relaxes this requirement to 6 years for applicants belonging to the specified religions from Pakistan, Bangladesh, and Afghanistan.

Exemptions Under CAA:

·   Exclusions under Sixth Schedule:

CAA does not apply to regions mentioned under the Sixth Schedule of the Indian Constitution, including Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.

·   Inner Line Permit areas exempt: 

Areas covered by the Inner Line Permit system (ILP) are also exempt from CAA, which includes certain parts of the North-Eastern region.

·   Protection for tribal communities: 

This exclusion aims to protect the interests of tribal and indigenous communities in the North-Eastern region, ensuring that individuals in these areas cannot seek citizenship under CAA provisions.

Implications of CAA:

  • Citizenship Expedited: The CAA seeks to expedite citizenship for undocumented immigrants from specific non-Muslim communities from neighbouring countries.
  • Eligibility Criteria: By introducing a new proviso to The Citizenship Act, 1955, it allows undocumented immigrants who entered India on or before December 31, 2014, to be eligible for citizenship.
  • Exemption in Tribal Areas: Tribal areas in Assam, Meghalaya, Mizoram, and Tripura were exempted from CAA’s ambit, requiring an Inner Line Permit (ILP) for access.
  • Concerns for Muslims: Concerns arise regarding the potential impact on Muslims, especially with the proposed National Register of Indian Citizens (NRIC), potentially leading to exclusion.
  • Criticism on Secularism: The CAA has been criticized for potentially undermining the secular fabric of India by making religion a criterion for citizenship.

Government Actions and Response:

  • Granting District Collectors power: In 2021, the Union government granted District Collectors in five states with high migrant populations the power to grant citizenship under CAA provisions.
  • Streamlining citizenship process: The newly notified rules ease the citizenship process by excluding the requirement of a “valid passport” or visa, accepting lineage documents from the specified countries.
  • Providing amnesty: The Centre defends CAA’s constitutionality, stating it aims to provide amnesty to specific persecuted communities without affecting the rights of Indian citizens.
  • Allegations of marginalization: However, critics argue that the CAA could lead to further marginalization and exclusion of Muslim communities.
  • Petitioners’ challenge: The government’s assertion that CAA doesn’t affect legal, democratic, or secular rights has been challenged by various petitioners.

Seeking Stay on Rules:

  • The Indian Union Muslim League (IUML) and others have petitioned the Supreme Court seeking a stay on the newly notified rules.
  • They argue that the government should have waited for the court’s decision before implementing the rules, highlighting concerns about the exclusionary nature of the process.
  • Changes in the scrutiny process for citizenship applications have raised questions about transparency and fairness.
  • The petitioners seek clarity on the government’s intentions and the implications of CAA on communal relations and citizenship rights.
  • The outcome of the legal battle over CAA rules will have far-reaching consequences for citizenship policies and communal harmony in India.

Challenges and Judicial Proceedings:

  • Allegations of violating Article 14 : Numerous petitions challenging CAA’s constitutionality have been filed, alleging it violates Article 14 of the Constitution by using religion as a criterion for citizenship.
  • Concerns about Assam Accord :Petitions highlight concerns about the potential impact on Assam Accord of 1985, which aims to address illegal migration issues in Assam.
  • Scheduled final hearings : The Supreme Court is hearing the case, with final hearings scheduled to begin on December 6, 2022, though the case hasn’t been listed since then.
  • Raised concerns over delay : The delay in listing the case has raised concerns among petitioners about the timely resolution of the matter.
  • Complex interplay evident : The legal battle over CAA underscores the complex interplay between constitutional principles, human rights, and national security concerns.

Significance of Challenge to Section 6A:

  • Crucial Validity: The validity of Section 6A of the 1955 Act, which determines who is a foreigner in Assam, is crucial for CAA proceedings.
  • Cut-off Date: Section 6A establishes March 24, 1971, as the cut-off date for determining citizenship status in Assam, while CAA sets a different timeline.
  • Impact on Resolution: The resolution of the challenge to Section 6A will impact the interpretation and implementation of CAA provisions in Assam and other states.
  • Harmonizing Provisions: It highlights the need for harmonizing conflicting provisions and ensuring consistency in citizenship laws across regions.
  • Legal Battle: The legal battle over Section 6A underscores the complexities of addressing historical migration issues and ensuring justice for all stakeholders.

Conclusion:

The Citizenship Amendment Act, 2019, has sparked debates and legal challenges since its passage. While it aims to expedite citizenship for specific communities, concerns about exclusion and the impact on communal harmony persist. The legal battle over CAA rules and Section 6A highlights the need for clarity and coherence in citizenship policies, balancing humanitarian concerns with constitutional principles.

Source: 

https://www.thehindu.com/incoming/caa-legal-issues-and-status-of-judicial-proceedings-explained/article67941750.ece/amp/

Mains Practice Question:

Discuss the implications and legal challenges surrounding the Citizenship Amendment Act, 2019, and analyze its impact on communal relations and citizenship rights in India.