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CITIZENSHIP AMENDMENT ACT (2019) : LEGAL ISSUES AND STATUS OF JUDICIAL PROCEEDINGS
By: Priya
ABSTRACT
The Citizenship Amendment Act (2019) has emerged as an epicentre of controversies, intense debates, and heated squabbles since its inception, giving rise to evident legal challenges and complexities all across India. Before delving deeper into the intricacies of CAA and the points of contention surrounding it, it is imperative to understand the basics to untangle the complexities.
Within this piece, an attempt has been made to analyse the efficacy of the Citizenship Amendment Act and the complexities of the legal framework surrounding it. While digging deeper into it, this paper also attempts to shed some light on the social and political upshots of CAA, along with examining as why some people are opposing it so badly by critically assessing the narratives being propagated by the opponents. The exclusion of the Muslim community from the purview of CAA 2019 has created a ruckus all over India. Some people are of the notion that it undermines the principle of secularism enshrined in the Preamble of the Indian constitution which is also a part of the basic structure doctrine.
The legality of CAA has been challenged on constitutional grounds as it is deemed to be violative of Articles 14, 15, and 21 which guarantee equality before law, prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, and ensure the protection of life and personal liberty, respectively. Critics are of the view that the exclusion of Muslims from the purview of CAA eventually undermines its fundamental principles.
Copious petitions have been filed before the Supreme Court challenging the validity of CAA on various grounds. This paper makes an attempt to scrutinize the role of judges and the stand of the judiciary on the matter concerning the above mentioned act.
INTROUCTION
Starting off with a simple apprehension of the word citizen, a citizen of a country is the one who enjoys legal status, which entitles them certain rights, privileges, and duties as inferred by the constitution of that particular country. So, basically citizenship is the correlation between an individual and the state, conferring a sense of identity and fidelity to the country.
Now, when we talk about refugees, a refugee, in legal context, is a person who is forced to leave their country of origin due to the fear of persecution, violence, or abuse based on certain factors like religion, creed, ethnicity, etc.
India being a secular country, is home to various religions that reside within the territory of the country. The preamble of the Indian Constitution declares India to be a secular country, and hence there is no state religion. However, even before the inclusion of the word ‘secularism’ in the 42nd Amendment, the essence of secularism was already implicit.
The introduction of CAA came with a hefty backlash, mostly from the community that was excluded from the purview of CAA, that is, – Muslims, and along with that, it also created a ruckus in the northeastern part of India, specifically in Assam.
CITIZENSHIP AMENDMENT ACT 2019: AN OVERVIEW
The Citizenship Act 1955 was amended to give rise to the Citizenship Amendment Act 2019, which makes six persecuted minorities – Hindus, Sikhs, Christians, Parsis, Buddhists and Jain from three Muslim majority countries – Pakistan, Bangladesh, and Afghanistan, who had stayed in India for five years eligible to procure Indian citizenship. Earlier, a person had to reside in India or working for the federal government for at least 11 years before they could apply for Indian citizenship. The ultimate purpose of the act was to provide protection to the victims from the oppression that they had faced in their countries of origin solely due to their religion, as well as shield them from the fear of detention and deportation that they have been facing in India since their arrival.
The specific exclusion of Muslims from the provisions of CAA 2019 generated a huge backlash in the country as it raised the question of discrimination on the basis of religion. On the other hand, there has also been an outrage in the northeast, most specifically in Assam, regarding CAA.
CONSTITUTIONAL VALIDITY OF CAA: AN ANALYSIS
The constitutionality of CAA was and is still being challenged on certain major grounds…
Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the law for all. Critics argue that the denial of citizenship to Muslims implies evident discrimination against them on the basis of religion which compromises their fundamental rights and undermines the secular principle of the constitution.
(CASE REF: SHAYRA BANO VS. UNION OF INDIA)
Right to life and personal liberty is embedded in Article 21 of the Indian constitution with a much wider interpretation. The Right to shelter and the right to dignity are embedded in Article 21. Potentially denying Muslims their citizenship right could threaten their lives and survival to a greater extent.
(CASE REF: MANEKA GANDHI VS. UNION OF INDIA)
Article 25 of the Indian constitution guarantees freedom to practice, profess, and propagate any religion of one’s choice. This makes India a secular nation; therefore, this selective approach to granting citizenship based on religious identity contravenes the principle enshrined in Article 25 of Indian Constitution.
Critics have put forth the argument that CAA, along with NRC (National Register of Citizen) may explicitly pick out the Muslim community, resulting in their exclusion from the social fabric.
(CASE REF: THE AHMEDABAD ST. XAVIERS COLLEGE VS. STATE OF GUJARAT)
WHY COMMOTION IN ASSAM?
A storm of violence swept over Assam with the advent of CAA. To begin with the long-standing issue, people of northeastern state already face cultural backlash due to various factors, like, how they look, what they eat etc; they have certain prejudices attached to them. The indigenous people of Assam fear that once these persecuted minorities from three neighbouring countries are granted Indian nationality, then the Hindi and Bengali- speaking Hindu migrants from Bangladesh who have been residing in Assam will have an upper hand over them. They fear that these migrants will take up their jobs, which is eventually going to affect their livelihood, culture, demography, and survival. They are not protesting against any particular religion, instead; they don’t want immigrants from any religion to interfere in their livelihood, be it Muslims or Hindus.
CAA also contradicts with the Assam accord, which sets the deadline for attaining citizenship as March 24, 1971, irrespective of religious annexation. But, CAA extended the deadline to 2014.
March 12 was when 16 opposition parties led by the Congress Party declared a state-wide strike, along with over 30 non- political organizations including the infamous ALL ASSAM STUDENT UNION (AASU), who together called for peaceful protest.
OTHER KEY LEGAL ISSUES ASSOCIATED WITH CAA
The word ‘secularism’ was added to the Preamble of the Indian Constitution by the 42nd Amendment. However, the essence of secularism has always been embedded in the heart of India. Being a secular state, India gives equal respect to all religions therefore, the State cannot discriminate against any individual or state on the grounds of religion.
The critics of the CAA argued that the CAA undermines the secular nature of India by clearly excluding immigrants of one community from its ambit. They contended that this selective approach comprehensibly indicates bias and compromises with the secular ethos of the country and the Indian constitution.
CAA paved the way for some illegal and undocumented migrants to gain Indian citizenship and with this, on the other side, it also raises concern about those who could not meet the requirements under the provisions of the Act. Critics are of the view that the Act will be responsible for the incarceration and expelling of Muslim undocumented migrants from the country eventually making them nation-less. This eventually poses a significant question regarding the humanitarian ground and it’s legal ramifications.
IN THE DEFENCE OF THE ACT
NO DISCRIMINATION AGAINST MUSLIMS
Presenting a rational nexus, Home Minister Amit Shah, in favour of CAA, contented that the Muslims were excluded from the ambit of CAA because the 3 chosen countries- Pakistan, Afghanistan, and Bangladesh all have an official state religion, which is Islam, and all the six mentioned minorities have faced persecution solely on the basis of religion, and so it will make no sense if we say that the Muslim migrants were persecuted in their own country.
The Home Ministry clarified that Muslim migrants can still apply for Indian citizenship, as CAA does not nullify obtaining citizenship through naturalization.
There are about 18 crore Muslims in India, and CAA in no way is going to impact their citizenship or have an adverse effect on them. The government quoted – “No Indian citizen would be asked to produce any document to prove his citizenship after this act.”
WITH RESPECT TO ASSAM
Despite the widespread protests going on in Assam opposing CAA, the Indian government continued to reiterate its commitment to implementing CAA into effect. However, there have been signs of a more nuanced approach in Assam, and for this, the government has expressed its desire for a talk with stakeholders to come up with some probable solutions through negotiation and discussions.
The government has made an effort to look into the difficulties and has tried to address issues concerning the rights of the indigenous people of Assam and the possible effects of the Assam Accord. For instance, the law specifically says that CAA shall not be applicable to tribal areas of Assam, Mizoram, Meghalaya, and Tripura, and nor shall it be applied to areas under the “inner lines.” Looking forward, in order to navigate the obstacles regarding CAA in Assam, there is a need for a balance between national requirements and regional interests.
CURRENT STATUS OF JUDICIAL PROCEEDINGS ON CAA
Copious petitions have been filed before the Supreme Court and High Court challenging the constitutionality of CAA. 237 petitions were filed, with the Indian Muslim League Union being the leading petitioner, represented by senior advocate Kapil Sibal. The Supreme Court ordered the central government to deliver a response to the petitions and refused to stay the implementation of CAA.
On December 18, 2019, Supreme Court, led by former Chief Justice of India Justice S.A. Bobde, refused to stay the operation of the law and moreover suggested that the government to publicise the literal and veracious intent of the act in order to avoid any kind of confusion amongst the people regarding its objectives and aims.
In October 2022, a bench led by former Chief Justice of India- Justice U.U. Lalit, ordered that the final hearing of the case would commence on December 6, 2022. However, since then, the case has not been listed yet. The court is yet to take a final call on the matter concerning CAA.
Based on the current reports, the Supreme Court is yet to take a final call on the matter concerning CAA. A number of High courts in different states have also entertained petitions challenging the Act while the legal dispute continues. The legal framework that surrounds the CAA is dynamic in nature, with the judiciary involved in evaluating it at various stages.
CONCLUSION
Since the inception of CAA, it has faced long standing challenges regarding its legality. Faced with several controversies, the Act has become a point of contention not only nationwide but globally also. On one side, the critics have been opposing the Act, deeming it to be violative of the principle of equality and secularism, which is embedded in the Constitution of India, by discriminating against Muslim immigrants by excluding them from the ambit of CAA. On the other side, the Act has faced a huge backlash from Assamese natives, who fear that after gaining the Indian citizenship, the migrants will be able to affect their livelihood and demography.
The constitutional battle concerning CAA is still going on, with a number of petitions filed before the Supreme Court and various High courts in India. The end result of these judicial proceedings will have a profound and significant effect on the future of India, and as this legal battle evolves or unfolds, it is imperative to adhere to the principles of equality, justice, and the rule of law.
