Prachi Barot

Renaissance University Indore

Editor : Harsh Kashyap

1.   ABSTRACT

The Citizenship (Amendment) Act, 2019 (CAA) brought significant alterations in the framework of Indian Citizenship under the Citizenship Act, 1955, marking a decisive approach to naturalisation in India by religious affiliation, integrating it into the citizenship law and by determining eligibility for citizenship. This amendment seeks to expedite the process of granting Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who migrated from Pakistan, Afghanistan, and

Bangladesh due to religious persecution and arrived in India before December 31, 2025. The Act seeks to with humanitarian objective granting refuge and citizenship to vulnerable communities by exempting these groups from the definition of illegal migrants, thereby reducing the required period of residency from 11 years to 5 years.

 

The critics argue that the act directly infringes upon the Article 14 ( Equality before law ) and Article 21 ( Protection of life and Personal Liberty ) of the Indian Constitution as it is specifically designed to exclude the Muslim Minorities and narrow down the geographic scope. This has ignited intense controversy across legal, political, and social spheres.  Scholars also argue that the CAA dilutes India’s secular nature which is recognized as the integral element of the Basic Doctrine Structure.

Furthermore, the legislation threatens the existing federal equilibrium particularly in the north-eastern which are  governed by special protections like the Sixth Schedule and the Inner Line Permit ( ILP ) system.   

The Supreme Court of India is presently assessing the constitutional legitimacy and soundness of the Act through a series of petitions that question the alignment of the Act with the principles of equality, secularism, and citizenship in representative democracy. 

2. INTRODUCTION

Citizenship defines the relationship between an individual and the nation to which they belong, which is one the most fundamental aspects of statehood. In India, citizenship signifies the legal membership and constitutional identity as per the principles of equality, secularism, and inclusivity. The primary framework for determining citizenship was governed by the Citizenship Act, 1955, enacted under the Article 11 of the Constitution of India, thereby empowering the Parliament to regulate matters concerning citizenship and related rights. The Citizenship Amendment Act has redefined the outlines of Indian citizenship law and stimulated nationwide constitutional debates.

 

The Citizenship Amendment Act was enacted on December 12, 2019, modifies key provisions of the

Citizenship Act, 1955, by introducing a religion based standards or criterions for the acquisition of Indian citizenship through naturalization. This gives eligibility to six religious communities who entered India before 31st December, 2014 by facing religious persecution in their origin countries - Pakistan, Afghanistan, and Bangladesh, namely, Hindus, Sikhs, Buddhists, Jains, Christians and Parsis.  

 

The Indian government has justified this legislative change as a humanitarian measure to protect minorities fleeing from the neighbouring Islamic republics due to religious persecution. The Act contradicts the secular spirit of the Constitution violating the guarantee of equality and freedom before law under Article 14 and Article 21.

 

From the Constitutional perspective, the Citizenship Amendment Act, 2019 ( CAA ), is a subject of significant debate as it meets at the intersection of humanitarian policy, national security, and constitutional morality. The supporters of the act  argue that it reflects India’s moral duty to protect persecuted minorities from neighbouring countries according to the shared history. Whereas the opponents argue that the act deceives the meaning of secularism embedded in the Preamble, which affirms equality irrespective of religion. Significant questions are also raised on the act regarding the concept of federalism as it impacts the border states that bear the primary burden of the migrants. 

3.     LEGISLATIVE BACKGROUND AND OBJECTIVE 

The CAA, 2019 was passed by the Indian Parliament to make specific changes to the Citizenship Act, 1955, the principle law that governs Indian citizenship. The Citizenship Act, 1955 traces various modes of citizenship such as by birth, descents, registration, naturalization, and incorporation of territory not making any distinction based on any religion or religious background. 

 

The amendment received the Presidential assent on December 12, 2019, and is widely regarded as the most debated amended act. It was introduced with the aim to address the predicament of the religious minorities who fled due to the religious persecution from Pakistan, Bangladesh and Afghanistan, living in India without any legal recognition.

 

The legislative intent behind this was largely humanitarian. The Act was designed to provide refuge and legal status to the fled religious minorities from neighbouring countries that are Islamic Republics, where Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians facing persecution on the basis of faith. 

 

The Citizenship Amendment Act, 2019, has selective coverage limiting to both the religious communities and the countries to which it applies. Opponents argue that by excluding Muslim minorities such as Ahmadis and Shias in Pakistan, Hazaras in Afghanistan, and Rohingyas in Myanmar, defects the secular nature of the Constitution of India. 

 

The Act presents itself as a humanitarian and compassionate measure to protect persecuted religious minorities from neighbouring countries and marks a turning point in India’s citizenship policy, introducing religion as a legal criterion for the first time. It questions the constitutional principles of equality, secularity and non - discrimination. 

4.     KEY PROVISIONS

The Act introduces specific changes in the Citizenship Act, 1955, particularly in definitions and naturalization provisions. These amendments frame a path to provide Indian citizenship to the religious minorities persecuted from the neighbouring Islamic Republics. Following outlines the key provisions and their implications :- 

A. Amendment to Section 2(1)(b) - Definition of “ Illegal Migrants”

Under the Citizenship Act, 1955, which is before the amendment, illegal immigrants as any foreign national who enters the Indian territory without valid travel documents or remains in the country beyond the permitted period. The Amendment modifies this definition by inserting a specific proviso excluding certain categories of people from being titled as illegal immigrants. 

The Amendment states, "Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;". - The CAA, 2019. ^[1] 

EFFECT - This modification allows the specific six religious groups persecuted from Pakistan, Bangladesh, and Afghanistan to legally remain in India and apply for Indian citizenship which previously was not allowed to undocumented migrants.  

B.      Amendment to Section 6 - Citizenship by Naturalization 

Before the Citizenship Amendment Act, 2019, a person seeking an Indian citizenship by naturalization had to live in India for a period of not less than 11 years out of 14 years immediately preceding the citizenship application.

After the amendment this period was reduced to a period of 5 years for the persecuted religious minorities, creating a fast - track mechanism for granting citizenship to these groups, on the assumption that they entered India under distress.  

EFFECT - This provisions eased the process of application for Indian citizenship by naturalization for selected communities giving them a privileged route to Indian citizenship.  

C.      Amendment to Section 7D - Cancellation of Overseas Citizen of India (OCI) Registration

In section 7D of the principal Act,—

(i)    after clause (d), the following clause shall be inserted, namely:—

"(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or";

(ii)  after clause (f), the following proviso shall be inserted, namely:—

"Provided that no order under this section shall be passed unless the Overseas Citizen of India

Cardholder has been given a reasonable opportunity of being heard.". - The CAA, 2019.^[2]  

Explanation - The new clause authorizes the Central Government to cancel an ODI if the cardholder violates any provision of the CItizenship Act or any other law as specified by the government for the time being in force. 

D.    Territorial Exemptions - Sixth Schedules and Inner Line Permit Areas

“Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier

Regulation, 1873.”, - The CAA, 2019. ^[3] 

The Act specifically excludes its application in certain protected regions of India. It does not apply to:-

-          Areas covered under VI Schedule of the Constitution. 

-          Regions where the Inner Line Permit ( ILP ) system is in force. 

E.     Final Date - December 31, 2014 

The Act specifically lays down the cut-off date for eligibility i.e. 31st December, 2014 and migrants who have immigrated after this date are not covered by this act.  

F.     Pathway to Citizenship 

By removing the term, “ illegal migrants “, the act allows to :- 

-        Apply through the process of naturalization for Indian citizenship. 

-        Legally reside in India.

-        Once the process of naturalization is completed, individuals can enjoy the rights available to Indian citizens. 

-        It is an exclusive process, excluding some Muslim minorities from its purview. 

G.    Legislative Intent 

The changes in the Citizenship Act, 1955 were justified on humanitarian and compassionate grounds, thereby emphasising that India has a moral duty to protect the religious minorities persecuted having historical, cultural and civilization ties with India. Critics argued that the amendment creates an unequal classification amongst refugees and defeats the secular nature of the Constitution.  

H.    Border Consequences  

The amendments in the Act don't operate in isolation. The implementation is closely linked to other measures such as The National Registration of Citizens ( NRC ), leading to exclusionary outcomes where citizenship is denied to certain groups. 

5.    CONSTITUTIONAL AND LEGAL ANALYSIS

-        LEGISLATIVE CONTEXT AND PURPOSE  

The Citizenship ( Amendment ) Act, 2019, ( CAA ) was enacted by the Indian Parliament to amend the Citizenship Act, 1955. The Act came into force on 12 December 2019.

-        THE PARENT LAW 

The Citizenship Act, 1955 enacted under the Article 11 of the Constitution of India lays down the rules regarding Indian citizenship.  

The Citizenship Act, 1955 is divided into 8 Chapters  :- 

●      Chapter I – Preliminary 

●      Chapter II – Citizenship by birth, descent, registration, naturalization, and incorporation of territory

●      Chapter III – Termination of citizenship 

●      Chapter IV – Deprivation of citizenship 

●      Chapter V – Registration of Overseas Citizens of India (OCI) 

●      Chapter VI – Miscellaneous provisions  

The CAA, 2019 specifically amends Chapter II (Citizenship) and Chapter V (OCI registration)

        -     RELATIONSHIP WITH THE INDIAN CONSTITUITION

A.    Article 11 - Power of the Parliament  

The Citizenship Amendment Act, 2019, derives its legitimacy from Article 11 subject to the basic structure of the Constitution, empowering the Parliament to regulate Indian citizenship as per the case - Keshvananda Bharati vs. State of Kerala ( 1973 ).  

B.    Article 14 -Equality Before law 

As per the Article 14 of the Constitution of India, “ The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, but the CAA 2019, distinguishes migrants on the basis of country of origin and religion, specially exclusion of  Muslim minorities is seen as arbitrary and discriminatory.  

C.    Article 15 - Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth 

The Article 15 safeguards the rights of only Indian citizens by imposing prohibition on discrimination against any citizen on the basis of religion, race, caste, gender or place of birth. This article doesn’t protect the foreign migrants, disabling them to directly claim protection. Yet Article 15 and Article 14 are connected to each other but Article 14 has a broader scope and it applies to everyone within the Indian Territory, including foreigners and migrants. It is therefore argued that the religion - based classification affects the essence of Article 15 thereby violating the principle of Article 14.  

D.    Article 21 - Right to Life and Personal Liberty 

“ No person shall be deprived of his life or personal liberty except according to procedure established by law” - Maneka Gandhi vs. Union of India, 1978. 

E.     Secularism 

The Preamble to the Indian Constitution in the 42nd Amendment ( 1976 ), declared India to be a secular Nation, acknowledging and embracing all religions. The CAA violates the secular nature of the Indian Constitution by introducing the religious- based criterion for citizenship. 

-     OTHER LEGAL PROVISIONS

A.    Foreigners Act, 1946 & Passport (Entry into India) Rules, 1950 

The CAA, 2019 modifies the definition of illegal immigrants through executive notification, granting exemption to specific religious groups from Pakistan, Afghanistan and Bangladesh. 

B.    Assam Accord (1985) 

24 March 1971 was fixed as the cut-off date for illegal migrants as per the accord, but after the amendment the cut-off date of 31 December 2014 contradicted the Accord raising regional constitutional and federal issues.

  -     DUTIES AND IMPLEMENTATION MECHANISMS

The CAA, 2019 imposes the responsibility on the Ministry of Home Affairs to frame rules and process applications, Foreign Tribunals to identify illegal immigrants, State Governments for verification and local support.  

6.     JUDICIAL REVIEW

Judicial review of the Citizenship ( Amendment ) Act obligates the following examinations :- 

A.    Whether the Parliament may enact a law that classifies the immigrants based on religion under Article 11.

B.    Whether as per the Article 14, the act passes the test of equality, fairness and non- discrimination.

C.    Whether the Act contravenes the basic structure of the Constitution of India and the rights laid down under Article 15 and Article 21 of the Indian Constitution. 

D.    To what extent can the Supreme Court of India postpone the legislative policy on the matters of citizenship and national security. 

Numerous petitions were filed by political parties, civil society groups and individuals from affected regions in the Supreme Court challenging the act’s constitutional validity. The common relief sought include :- i). Declaration of the Citizenship ( Amendment ) Act, 2019 as unconstitutional, ii). Quashing of offensive clauses iii). Injunctions against executive orders appropriated under this act.  

Major challenges included :-  

A.    The act discriminates on the basis of religion failing in both the legal tests of intelligible differentia and rational nexus to object.

B.    Petitioners only consider the Basic Structure Doctrine of the Constitution’s unwavering feature of secularism and equality. 

C.    This challenge focuses on the potential threats of excluding certain religious minorities resulting in the statelessness and deportation of such immigrants impacting the right under Article 21. 

D.    The petitioners raise federal issues asserting consequential political and social impact on Assam and other North-Eastern States.

The Judicial Review and findings will have an immediate aftermath on the citizenship applications, detention policy, and state level apprehensions. A circumscribed ruling can protect the core rights leaving options open for the Parliament  but a verdict given to invalidate religion based classification will mandate the legislative re-drafting with secularist compliance. 

7.         POLICY IMPLICATION  

A.       Impact on India’s Refugees and Asylum Policy

The Amendment represents a major shift in how India approaches refugee protection. The selective recognition of six religious minorities and from three countries making them eligible for citizenship. This raises a question on whether  a new codified asylum system will be recognised or will it remain case - specific like before.  

B.        Potential Influence on the Future Citizenship Laws 

The CAA, 2019 has introduced religion as a factor in citizenship deviating from India’s prior secular approach setting a precedent that could lead to future debates, potentially resulting in revision of law or extending the possible benefits of this law to other prosecuted groups. 

C.        Relationship with National Register of Citizens (NRC) 

Analysts believe CAA can be used in convergence with the NRC, creating safeguards for some and leaving others especially undocumented Muslims. 

D.       Effects on Social Harmony  

The Act generates intense reactions as some view it as compassionate and humanitarian and others see it as a threat to equality, fairness, personal liberty etc. thereby affecting the inter - community relations.  

E.        Implications for  Governance in Northeast 

The Northeastern region, especially Assam, conveyed strong reservations due to apprehensions of demographic changes and dilution of indigenous cultures, intensifying local resistance.  

F.        Administrative and Implementation Challenges 

Implementation of CAA requires substantial administrative work including verifying claims, processing applications, and ensuring uniform application of guidelines throughout the state.  

G.       Long - Term Constitutional and Policy Impact

The amended act challenges the traditional perspective of India related to secularism affecting the public confidence in the Constitution. If it is perceived as discriminatory it could erode the trust of people in the legislative process.  

8.       CASES

A.    Keshavananda Bharti vs State of Kerala, 1976  

Held, Preamble is part of the Constitution and therefore can be amended under Article 368 just like any other part of the Constitution. Established the Basic Structure Doctrine, recognizing secularism and equality are parts to it.  

B.    State of West Bengal v. Anwar Ali Sarkar (1952) 

The case laid the foundation for reasonable classification tests under Article 14 which is not arbitrary.  

C.    Ram Krishna Dalmia v. Justice Tendolkar (1958) 

It laid down two tests valid classification under Article 14 namely :- i). intelligible differentia and ii). rational nexus.  

D.    Maneka Gandhi v. Union of India (1978) 

Expanded the scope of Article 14, 19, 21 thereby interlinking the respective articles creating a  Golden Triangle of Rights. It also held that the right to travel abroad is part of the right to personal liberty. 

E.     Louis de Raedt v. Union of India (1991) 

Foreigners don’t carry the right to reside in India, where the State has wide powers to control entry and exit.  

F.     Supreme Court proceedings specifically on CAA (2020–present) 

The Supreme Court of India is currently hearing a batch of over 200 petitions challenging the constitutional validity of the Citizenship (Amendment) Act (CAA) 

G.    National Human Rights Commission v. State of Arunachal Pradesh (1996) 

The case led to a debate on whether the CAA's exclusion of certain religious groups from a trajectory to citizenship constitutes defeat of the secular character of the Constitution, which emphasizes equal treatment under the law to all the religions.  

9.  CONCLUSION 

The Citizenship ( Amendment ) Act, 2019, brings a major amendment to the existing Citizenship Act, 1955. The amendment offers citizenship to the six religions ( Hindu, Christians, Parsis, Buddhists, Sikhs, and Jains ) who have been persecuted from the neighbouring Islamic Republics ( Pakistan, Afghanistan, and Bangladesh ), regularizing their access to citizenship, dignity and legal protection. 

However the CAA raises concern on equality, secularism and non-discrimination due to its religion - based classification which are the moral core and legal foundation of the Basic Structure Doctrine. 

The future of CAA depends on the judicial interpretation and review, amendments, revisions, alternations, modifications, and implementations. Whether the act is struck down or upheld its legacy will continue to influence how India manages the migration, citizenship and core constitutional values. 

REFERENCE  

Statutes, Acts & Government Documents

1.     Citizenship Act, 1955 (Act No. 57 of 1955).

2.     Citizenship (Amendment) Act, 2019 (Act No. 47 of 2019).

3.     Constitution of India (1950). 

4.     The Foreigners Act, 1946. 

5.     Passport (Entry into India) Rules, 1950. 

6.     Ministry of Home Affairs. (2019). Statement of Objects and Reasons, Citizenship (Amendment) Bill, 2019.

7.     Lok Sabha Secretariat. (2019). Parliamentary Debates: Citizenship (Amendment) Bill, 2019.

Judicial Decisions 

1.       Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225. 

2.       State of West Bengal v. Anwar Ali Sarkar, AIR 1952 SC 75 

3.       Ram Krishna Dalmia v. Justice Tendolkar, AIR 1958 SC 538.

4.       Maneka Gandhi v. Union of India, (1978) 1 SCC 248. 

5.       Louis De Raedt v. Union of India, (1991) 3 SCC 554.

6.       Supreme Court proceedings specifically on CAA (2020–present)

7.       National Human Rights Commission v. State of Arunachal Pradesh (1996)

News & Public Commentary

1.     The Hindu. (2019–2020). Multiple reports on the passage and implications of the CAA.

2.     Indian Express. (2019–2020). Editorials and analyses on citizenship policy and protests.

3.     BBC News. (2020). Coverage on India’s citizenship debates.

[1] The Citizenship (Amendment) Act, 2019, The Gazette of India, Extraordinary, Part II, Section 1, No. 47

(Dec. 20, 2019), available at https://indiancitizenshiponline.nic.in/Documents/UserGuide/E-gazette_2019_20122019.pdf.

[2] The Citizenship (Amendment) Act, 2019, The Gazette of India, Extraordinary, Part II, Section 1, No. 47

(Dec. 20, 2019), available at https://indiancitizenshiponline.nic.in/Documents/UserGuide/E-gazette_2019_20122019.pdf.

[3] The Citizenship (Amendment) Act, 2019, The Gazette of India, Extraordinary, Part II, Section 1, No. 47

(Dec. 20, 2019), available at https://indiancitizenshiponline.nic.in/Documents/UserGuide/E-gazette_2019_20122019.pdf.