The Citizenship (Amendment) Act, 2019 (CAA) amends the Citizenship Act, 1955, to make Hindu, Sikh, Buddhist, Jain, Parsi and Christian undocumented immigrants from Afghanistan, Bangladesh and Pakistan eligible for Indian citizenship.

Features of the Citizenship (Amendment) Act, 2019

1. 1. The Act applies to persons who were “forced or compelled to seek shelter in India due to religious persecution.”
   2. It protects such individuals from proceedings related to illegal migration. (Foreigners Act of 1946 and the Passport Act of 1920)
   3. The naturalisation period is reduced from 11 years to 5 years for applicants belonging to six specified religions – Hindu, Sikh, Buddhist, Jain, Parsi and Christian.
   4. The cut-off date for eligibility is December 31, 2014 (the applicant must have entered India on or before this date).
   5. Upon acquiring citizenship:
      1. Such persons are deemed to be citizens of India from the date of entry.
      2. All pending legal proceedings against them for illegal migration or citizenship will be closed.
   6. For Overseas Citizen of India (OCI) cardholders, the Act allows cancellation of their OCI status if they violate local laws, including both major and minor offences.

• Exceptions: The Act does not apply to certain tribal and protected areas:

1. 1. Tribal areas of Assam, Meghalaya, Mizoram, and Tripura included in the Sixth Schedule of the Constitution (e.g., Karbi Anglong, Garo Hills, Chakma District, Tripura Tribal Areas District).
   2. Areas under the Inner Line Permit (ILP) system, governed by the Bengal Eastern Frontier Regulation, 1873.

Arguments in Support:

1. Historical Context: Cross-border migration between India, Pakistan, Bangladesh and Afghanistan has been a persistent issue, especially for minorities displaced post-Partition (1947).
2. Failure of Nehru–Liaquat Pact: The pact aimed at protecting minorities in India and Pakistan failed, leaving many vulnerable. The CAA seeks to address this unfinished humanitarian responsibility.
3. Humanitarian Grounds: The Act provides citizenship, dignity and rights to religious minorities facing persecution in neighbouring theocratic states.
4. Civilisational Ethos: India has historically been a refuge for persecuted communities, and the Act aligns with this civilisational responsibility.
5. Reasonable Classification (Article 14): Supporters argue the Act creates a reasonable classification, targeting only persecuted minorities, and hence does not violate equality provisions.
6. National Interest: It helps regulate illegal immigration and distinguish between refugees and infiltrators.

Criticism:

1. Exclusionary Nature: The Act omits groups like Ahmadiyyas (Pakistan), Hazaras (Afghanistan), Rohingyas (Myanmar), and Tamil Hindus (Sri Lanka), leading to arbitrary exclusion.
2. Violation of Secularism and Equality: Critics argue that by using religion as a criterion, it contradicts the Preamble and Article 14, undermining the principle of non-discrimination.
3. Date of Entry Cut-off: The cut-off of 31 December 2014 is seen as arbitrary, lacking a clear rationale.
4. Excessive Government Discretion: The Act grants the Central Government broad powers in matters of OCI cancellation, raising concerns of misuse.
5. Potential Polarisation: Critics fear it may lead to social and political divisions, particularly when seen alongside the proposed National Register of Citizens (NRC).

The CAA represents a complex intersection of humanitarian concerns, constitutional principles, and national security considerations, necessitating a balanced approach that upholds both international obligations and constitutional values while ensuring internal security and social harmony.