Citizenship Amendment Act 2019: All you need to know

On 12th December 2019, President Ram Nath Kovind gave his assent to the Citizenship (Amendment) Bill, 2019, turning it into the Citizenship (Amendment) Act. According to an official notification, the Act comes into effect with its publication in the official gazette on 12th December 2019. 

Protests over the contentious Citizenship Amendment Act (CAA) spread across the country with students, some sections of the civil society and opposition political parties holding demonstrations at several places urging the Centre to revoke the Act. 

Citizenship Amendment Act 2019: All you need to know

This bill that now has become an Act makes it easier for the non-Muslim immigrants from India's three Muslim-majority neighbours — Pakistan, Bangladesh and Afghanistan — to become citizens of India. Though the Bill doesn't spell it out clearly, but the fact that it entitles Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians facing religious persecution in the three nations, to seek Indian citizenship, highlights the exclusion of Muslims.

The Act says the refugees of the six communities will be given Indian citizenship after residing in India for five years, instead of 11 years earlier.

Who will benefit from the law?

The Citizenship (Amendment) Act grants citizenship to Hindus, Christians, Sikhs, Buddhist, Jains and Parsis - from Afghanistan, Pakistan and Bangladesh who had arrived in India before December 31, 2014.

The legislation applies to those who were “forced or compelled to seek shelter in India due to persecution on the ground of religion”.

It aims to protect such people from proceedings of illegal migration from the neighbouring countries.

The requirement to stay in India for those belonging to any of these 6 religions for at least 11 years before applying for Indian citizenship has been reduced to five years.

Indian citizenship, under present law, is given either to those born in India or if they have resided in the country for a minimum of 11 years.

Why the protests?

There are two distinct rallying points of protests against the Act.

(I) In the northeast, the protest is against the Act's implementation in their areas. Most of them fear that if implemented, the Act will cause a rush of immigrants that may alter their demographic and linguistic and cultural uniqueness.

(II) In the rest of India, like in Kerala, West Bengal and in Delhi, people are protesting against the exclusion of Muslims, alleging it to be against the ethos of the Constitution.

The exclusions

The Citizenship (Amendment) Act does not apply to tribal areas of Tripura, Mizoram, Assam and Meghalaya because of being included in the Sixth Schedule of the Constitution.

Also, areas that fall under the Inner Limit notified under the Bengal Eastern Frontier Regulation, 1873, will also be outside the Act's purview.

This keeps almost entire Arunachal Pradesh, Mizoram, Manipur and Nagaland out of the ambit of the Act.

NRC link to the controversial Act

The National Register of Citizens (NRC), which identified illegal immigrants from Assam, had been a longstanding demand in Assam. But ever since its implementation, there has been a growing demand for its nationwide implementation.

After the updated final NRC in Assam was released on August 31 this year, it excluded the names of over 19 lakh applicants, including Hindus.

Now, the CAA will ensure they are not harmed.

NRC, which may be extended to the rest of the country, is not based on religion, unlike CAB.

Opposition's argument against the Act

The Opposition has claimed that the Act was against the basic principles of the Constitution as it "discriminates" on the basis of religion and would alienate Muslims, the largest minority community in the country.

The opposition also objected to keeping countries like Nepal, Sri Lanka, Myanmar out of the list.

The bill was violative of the provisions of Articles 14, 15, 21, 25 and 26 of the Constitution, it was alleged.

Government's stand on CAA

The Centre has rejected the suggestions that the bill is anti-Muslim. Home minister Amit Shah has said the measure has the endorsement of 130 crore citizens of the country as it was the part of the BJP manifesto in 2014 as well as 2019 Lok Sabha elections.

The Act does not discriminate against anyone and does not snatch anyone's rights, Shah said.

The home minister said under the Act, citizenship will be granted to refugees coming from the three countries after facing religious persecution there even without documents, including ration cards.

This bill is not even .001 per cent against Muslims. It is against infiltrators, the home minister has reiterated.

Bill passes Lok Sabha test

On December 9, the Lok Sabha passed the Citizenship (Amendment) Bill after a seven-hour-long debate with 334-106 votes.

Bill Passed in Rajya Sabha

On December 11, the Rajya Sabha approved the Citizenship (Amendment) Bill, thus completing the legislative procedure for giving Indian citizenship to non-Muslims migrants from Pakistan, Afghanistan and Bangladesh. The Bill was passed with 125-105 votes.

Bill gets President's assent

On December 12, President Ram Nath Kovind gave his assent to the Bill, turning into an Act.

SC decides to examine the constitutional validity of the Citizenship Amendment Act

On 18th December, the Supreme Court decided to examine the constitutional validity of the amended Citizenship Act but refused to stay its operation. 

The top court issued a notice to the Centre on a batch of pleas challenging the Citizenship (Amendment) Act.

A bench comprising Chief Justice S A Bobde and justices B R Gavai and Surya Kant fixed 59 petitions, including those filed by the Indian Union Muslim League and Congress leader Jairam Ramesh, for hearing on January 22, 2020.