Implementation of Citizenship (Amendment) Act, 2019: What to Expect and Why it is Contentious

The Citizenship (Amendment) Act, 2019 has been a contentious issue since its passage in December 2019. The law, which aims to grant citizenship to migrants belonging to certain religious communities from Pakistan, Afghanistan, and Bangladesh, has faced widespread protests and legal challenges. Now, more than four years later, the Ministry of Home Affairs has finally notified the Rules to implement the law.

The CAA allows for the grant of citizenship to migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India before December 31, 2014. The law relaxes the eligibility criteria for these migrants based on religious lines, sparking concerns about discrimination and violation of the right to equality.

The legal challenge to the CAA is based on the argument that it violates Article 14 of the Constitution, which guarantees equality before the law. Critics argue that using religion as a qualifier for citizenship goes against the fundamental principle of equality. The Supreme Court will have to determine whether the law’s classification of “persecuted minorities” is reasonable and whether it discriminates against Muslims.

The fate of the CAA in Assam is also uncertain, as Section 6A of The Citizenship Act, 1955, which allows for the grant of citizenship to certain foreign migrants in the state, is under challenge. The validity of this provision, which is linked to the Assam Accord, will have implications for the implementation of the CAA in the state.

As the legal battle over the CAA continues, the Supreme Court will play a crucial role in determining the constitutionality of the law and its impact on the rights of migrants and minorities in India. The notification of the Rules to implement the law marks a significant development in this ongoing saga, but the ultimate decision rests with the highest court in the land.