Citizenship (Amendment) Act | All you need to know

Citizenship (Amendment) Act: The rules governing the contentious Citizenship (Amendment) Act of 2019 were officially notified on Monday, just weeks before the 2024 Lok Sabha elections. Despite facing widespread criticism and protests since its passage, the Centre had consistently maintained that these rules would be implemented before the 2024 elections.

Understanding CAA & Key Changes in Indian Citizenship Criteria

The legislation, known as the Citizenship (Amendment) Act (CAA), provides a pathway to Indian citizenship for individuals belonging to six specific religious minorities—Hindu, Sikh, Buddhist, Jain, Parsi, and Christian—who have fled religious persecution in Pakistan, Afghanistan, and Bangladesh. Eligibility is extended to those who entered India from these countries on or before December 31, 2014. A significant modification to the Citizenship Act of 1955, the CAA expedites the naturalisation process, granting fast-track Indian citizenship to eligible migrants within six years.

The new rules bring a significant change to the criteria for acquiring Indian citizenship under the Citizenship (Amendment) Act. According to the notifications, immigrants must have resided in India for the last one year and a minimum of five out of the last 14 years to be eligible for Indian citizenship. This marks a notable reduction from the previous requirement of 11 years for migrants seeking citizenship by naturalisation.

Citizenship Granting Process Simplified Under CAA

The Ministry of Home Affairs has introduced an online portal to facilitate the citizenship application process under the Citizenship (Amendment) Act (CAA). The entire procedure will be conducted digitally, offering convenience to applicants seeking Indian citizenship through this legislative amendment.

Applicants are required to declare the year of their entry into India without the need for travel documents. In a notable departure from traditional processes, officials have clarified that no additional documents will be requested from applicants during this online application process. This streamlined approach is designed to enhance accessibility and simplify the citizenship-granting process for those falling within the specified criteria outlined in the CAA.

Exemptions for Tribal Areas

The law provides exemptions for tribal areas, specifically in Assam, Meghalaya, Mizoram, and Tripura, including regions outlined in the Sixth Schedule of the Constitution. Tribal areas such as Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal areas district in Tripura are excluded from the purview of the Citizenship (Amendment) Act.

Backdrop of Protests

The Citizenship (Amendment) Act triggered massive protests across the country, particularly in the Northeastern region, soon after its passage in Parliament in December 2019 and subsequent presidential assent. Critics argue that the Act undermines the secular fabric of the Indian Constitution by providing citizenship based on religious grounds, favouring non-Muslim immigrants.

What Union Home Minister has to say

Union Home Minister Amit Shah had previously affirmed that the rules for the Citizenship (Amendment) Act would be formally notified and enforced ahead of the Lok Sabha elections. This assertion had fueled both anticipation and apprehension, as the controversial nature of the Act has been a focal point in political discourse.

Controversy Surrounding the Act

The Citizenship (Amendment) Act has been a subject of heated debate and opposition, with critics expressing concerns about its potential to discriminate against Muslims. The Act provides expedited citizenship to non-Muslim immigrants from neighbouring countries such as Pakistan, Bangladesh, and Afghanistan, who faced religious persecution.

Implementation Timing and Political Implications

The timing of the notification, just ahead of the 2024 Lok Sabha elections, raises questions about the potential political implications of implementing these rules at this juncture. The move comes as the nation gears up for a crucial electoral process, with the Citizenship (Amendment) Act likely to remain a contentious issue in political discourse.

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