The CAA - 2019 amends India's Citizenship Act of 1955. Explore recently notified rules under the CAA by Ministry of Home Affairs, sparking further debate and scrutiny.

1. CAA: Issues in the legal challenge to the law
The Citizenship Amendment Act (CAA) of 2019, passed by the Parliament of
India, seeks to amend the Citizenship Act of 1955, which provides for the
acquisition and determination of Indian citizenship.
Recently, the Ministry of Home Affairs notified the Citizenship Amendment
Rules under the Citizenship Amendment Act (CAA).

2. Citizenship Amendment Act (CAA), 2019
The CAA amends the Citizenship Act of 1955 to incorporate these provisions,
marking a significant change in India's citizenship policy.
● Aim:
1. To give citizenship to the target group of migrants even if they do not
have valid travel documents as mandated in The Citizenship Act,
1955.
2. To address the issue of persecution faced by religious minorities in
neighbouring countries and provide them with refuge and citizenship in
India.
● The act provides a fast-track path to Indian citizenship for religious
minorities – Hindu, Sikh, Buddhist, Jain, Parsi, and Christian – from
Afghanistan, Pakistan, and Bangladesh.
● The act has also cut the period of citizenship by naturalisation from
11 years to 5 i.e. eligible immigrants from these countries who entered
India before December 31, 2014, can apply for citizenship under the
CAA.
● Thus, the amendment relaxed the requirements for certain categories of
migrants, specifically based on religious lines, originating from three
neighbouring countries with Muslim-majority populations.

3. ● It is noteworthy that the act does not include Muslims among the
eligible religious groups for expedited citizenship.
● Criticism: The act violates the secular principles enshrined in the Indian
Constitution by discriminating against Muslims and undermining the
idea of equal treatment under the law.
● Exempted Areas: Certain categories of areas, such as tribal areas in
Assam, Meghalaya, Mizoram, and Tripura, as well as areas
safeguarded by the 'Inner Line' system, were excluded from the scope
of the Citizenship Amendment Act (CAA).
Eligibility
● Under the CAA Rules, migrants from these nations are required to
demonstrate their country of origin, their religion, the date of their
entry into India, and proficiency in an Indian language as
prerequisites for applying for Indian citizenship.
● Additionally, any document indicating that "either of the parents or
grandparents or great-grandparents of the applicant is or had been
a citizen of one of the three countries" is also acceptable.
● The Rules specify 20 documents that can establish the date of entry
into India for admissible proof.

4. Challenges in the implementation of the Citizenship Amendment Act
(CAA)
Legal Challenges:
● Constitutional Validity: The CAA has faced legal challenges regarding
its constitutionality, particularly with respect to Articles 14 (equality
before law) and 15 (prohibition of discrimination) of the Indian
Constitution. By providing preferential treatment to certain religious
groups while excluding others, the CAA contravenes these fundamental
rights and is seen as discriminatory and contrary to the principle of
equality.
● Against Secularism: The CAA's focus on granting citizenship based on
religious lines, specifically excluding Muslims, is seen as contrary to
the secular ethos of the Indian Constitution.
● State Opposition: Several states have opposed the implementation of
the CAA, leading to potential legal conflicts between the central
government and state governments.
Administrative Challenges:
● Documentation Verification: Verifying the authenticity of documents
proving the eligibility criteria specified in the CAA can pose a significant
administrative burden.

5. ● Infrastructure: Lack of adequate infrastructure and resources in
government departments responsible for processing citizenship
applications may hinder the smooth implementation of the CAA.
Social and Political Challenges:
● Communal Tensions: The exclusion of Muslims from the purview of
the CAA has led to communal tensions and polarization, affecting social
harmony in various parts of the country.
● Citizenship Criteria: The religious-based criteria for citizenship under
the CAA have sparked debates about the secular nature of the Indian
state and have been criticized for undermining the principles of equality
and inclusivity.
● Protest and Opposition: Widespread protests against the CAA have
created political challenges for the government, leading to public unrest
and opposition from various civil society groups and political parties.
International Relations:
● Diplomatic Fallout: The CAA has strained relations with neighbouring
countries like Bangladesh, which have expressed concerns about its
impact on bilateral relations and regional stability.
● Refugee Crisis: The CAA's focus on granting citizenship to persecuted
minorities from neighbouring countries could exacerbate refugee crises

6. and strain India's relations with international bodies and humanitarian
organizations.
Economic Challenges:
● Resource Allocation: Implementing the CAA may require significant
financial resources for processing citizenship applications,
accommodating new citizens, and addressing potential socio-economic
challenges arising from demographic changes.
Section 6A of The Citizenship Act, 1955 and Assam:
● Section 6A was incorporated into the Citizenship Act subsequent to the
signing of the Assam Accord in 1985. The Accord outlines the criteria
for identifying foreigners in the state of Assam, establishing March 24,
1971, as the cutoff date, which contradicts the cutoff date specified in
the CAA 2019.