CITIZENSHIP & VOTING RIGHTS: SC MANDATES DUE PROCESS FOR CAA APPLICANTS

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Picture Courtesy:  THE HINDU

Context

The Supreme Court ruled that Indian citizenship, under the Citizenship (Amendment) Act for self-proclaimed religious minorities fleeing persecution from Pakistan, Afghanistan, and Bangladesh, depends entirely on the verification of their claims.

What is Citizenship (Amendment) Act 2019? 

The 2019 Act amends the Citizenship Act of 1955, to provide an expedited pathway to Indian citizenship for specific religious minorities who have faced persecution in the neighbouring countries.

Key Provisions of the Citizenship (Amendment) Act 2019

Eligible Communities: The Act applies to individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. It excludes Muslims.

Specified Countries: It is applicable only to migrants who have come from three specific neighbouring countries: Pakistan, Bangladesh, and Afghanistan.

Cut-off Date: The benefit of the Act is for those who entered India on or before December 31, 2014.

Exemption from Legal Proceedings: The Act protects the beneficiaries from legal proceedings under the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920. Upon receiving citizenship, any pending cases against them regarding illegal migration will be nullified.

Exceptions to Applicability: The provisions of the CAA do not apply to:

• Tribal areas of Assam, Meghalaya, Mizoram, and Tripura as included in the Sixth Schedule of the Constitution.
• Areas regulated under the "Inner Line" permit system as per the Bengal Eastern Frontier Regulation, 1873.

CAA's Amendment to the Citizenship Act, 1955

Government's Rationale for Enacting the CAA

Addressing Religious Persecution: Grant a dignified life to minorities who have faced religious persecution in neighbouring Islamic-majority countries.  

Fulfilling Historical Obligation: India's moral duty towards minorities left in Pakistan and Bangladesh post-Partition, under the Liaquat-Nehru Pact of 1950 which was violated by those nations.

Constitutional and Ethical Challenges

Violation of Article 14 (Right to Equality)

Critics argue the CAA is discriminatory, violating the right to equality for all "persons" by using religion as a basis for citizenship. They claim this "unreasonable classification" fails the Supreme Court's two-pronged test.

Undermining Secularism

Opponents argue the Act, by linking citizenship to religion, violates the Constitution's secular "basic structure" (from the Kesavananda Bharati case, 1973) and deviates from foundational ethos.

Exclusion of Other Persecuted Groups

The law's selectivity is criticized for omitting other persecuted groups from neighboring countries, notably Rohingya Muslims from Myanmar and Tamil Hindus from Sri Lanka, a concern also raised by the UNHCR.

Fears over a Nationwide NRC

Concerns exist that the CAA, paired with a potential nationwide National Register of Citizens (NRC), could target undocumented Muslims. Non-Muslims excluded from the NRC could use the CAA as a safety net, an option denied to Muslims.

CAA's Impact on Assam and the Northeast

Contradiction with the Assam Accord (1985)

The CAA's cut-off date of December 31, 2014, is in direct conflict with the Assam Accord's cut-off date of March 24, 1971, as the Accord mandates the detection and deportation of all migrants who entered after the 1971 date, irrespective of religion.

Threat to Indigenous Identity

Regional groups are concerned that the CAA will legitimize many Bengali-speaking Hindu migrants from Bangladesh, thus changing the state's demographics and threatening the language, culture, and political power of indigenous communities.

Implementation Framework under the CAA Rules, 2024

Online Application: Applicants must submit their applications through a dedicated MHA portal: indiancitizenshiponline.nic.in.

Document Submission: Applicants must upload documents proving they are from Pakistan, Bangladesh, or Afghanistan, entered India on or before December 31, 2014, and provide a religious eligibility certificate from a local community institution.

Verification Process:

• A District Level Committee (DLC) will conduct the initial verification of documents.
• An Empowered Committee will conduct the final scrutiny and has the authority to grant citizenship.

In December 2025, the Supreme court stated that CAA citizenship is not automatic; authorities must thoroughly verify each applicant's claim against statutory conditions. Rights like voting are acquired only after citizenship is formally conferred, not upon application.

Conclusion

The Citizenship (Amendment) Act, 2019 (CAA) is viewed by the government as humanitarian aid for persecuted minorities but is criticized as unconstitutional and a threat to India's secularism, with its final constitutional validity now awaiting a decision by the Supreme Court.

Source: THE HINDU