On March 11, the Narendra Modi-led government initiated the implementation of the Citizenship Amendment Act (CAA) 2019. This law grants citizenship to non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan deemed “persecuted.” The implementation has triggered strong reactions, with many accusing the Act of violating the Indian Constitution.
Ever since its passage by parliament in December 2019, the Citizenship (Amendment) Act, 2019 (CAA) has been a topic of heated debate. While supporters argue it protects persecuted minorities from neighbouring countries, critics voice concerns about its implications for India’s democratic fabric.
Understanding the Citizenship Amendment Act (CAA)
The CAA amends the Citizenship Act of 1955 and aims to expedite citizenship for persecuted minorities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014. While its humanitarian intent is acknowledged, its implementation and wider implications raise concerns.
Critics argue the CAA is discriminatory as it excludes Muslims, India’s largest religious minority, from its provisions. This selective approach to citizenship based on religion contradicts India’s secular principles and raises questions about equality and non-discrimination.
Timing and Allegations of Communalism
The timing of the CAA’s implementation, announced just before the elections, has raised eyebrows and led to allegations of communalism. Critics argue that the government’s decision to push forward with the implementation at such a politically sensitive juncture appears to be a strategic move to exploit religious sentiments for electoral gains. This timing has fueled suspicions that the CAA may not solely be driven by humanitarian concerns but may also serve as a tool to consolidate political support among certain religious communities while alienating others.
Constitutional Concerns: Article 14 and Article 15:
Article 14 of the Indian Constitution guarantees equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Critics argue that the CAA violates Article 14 by selectively granting citizenship based on religious identity, thereby treating individuals unequally under the law.
Furthermore, Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth in matters of access to public places, employment, and educational institutions. The CAA’s exclusion of Muslims from its provisions raises concerns about its compliance with Article 15, as it appears to discriminate against individuals based on their religion in matters related to citizenship.
Broader Implications and Social Divisions
Furthermore, when considered alongside the proposed National Register of Citizens (NRC) and the National Population Register (NPR), critics believe that the CAA could deepen social divisions and marginalize vulnerable communities. Fear and uncertainty about proving citizenship under the NRC, particularly among Muslims, could leave millions stateless and exposed to discrimination.
The Threat to Secularism and Unity
Moreover, critics have also highlighted that by prioritizing religious identity for citizenship, the CAA sets a precedent that may further polarize society. And in a diverse democracy like India, where communal harmony is vital, such policies can undermine unity.
Given the contentious nature of the CAA and its alleged violations of constitutional principles, it is inevitable that the matter will eventually come before the Supreme Court for judicial review. Critics have already submitted petitions challenging the CAA’s constitutionality before the Supreme Court. They argue that the Act violates Article 14 (equality before law) and Article 15 (prohibition of discrimination) due to its selective nature based on religious identity.
The Supreme Court’s verdict on these challenges will be crucial in determining the Act’s legal validity and its ultimate fate. This verdict will hold significant weight in interpreting the CAA’s compatibility with India’s constitutional principles.
