The Citizenship Amendment Act,2019: constitutional challenges


Author: Divisha mishra, icfai law school, icfai university, Dehradun


Abstract

The Citizenship Amendment Act, 2019 (CAA) has been a part of serious debate and legal scrutiny since its enactment by the Indian Parliament. The Act aims to grant Indian citizenship to non-Muslim religious minorities from Pakistan, Bangladesh, and Afghanistan, who entered India before December 31, 2014, due to religious persecution. This article seeks to explore the constitutional challenges faced by the CAA, focusing on issues relating to the violation of fundamental rights, secularism, and equality, as enshrined in the constitution of India. Legal perspectives, relevant case laws, and the constitutional framework will be examined to understand the broader implication of the CAA on Indian democracy.


Introduction

On December 12, 2019, the Citizenship Amendment Act2019, was passed by the Indian Parliament, amending the Citizenship Act of 1955. The purpose of the CAA was to provide a pathway to Indian Citizenship for certain religious minorities- Hindus, Sikhs, Buddhists, Janis, Parses,  and Christians- from Pakistan, Bangladesh, and Afghanistan. These individuals would be eligible for citizenship provided they entered India before December 31, 2014 due to religious persecution in their home countries. While the CAA was intended to offer refuge to religious minorities fleeing persecution, it sparked widespread protests and legal challenges. Critics have argued that the law discriminates against Muslims  by excluding them from its scope, violating the principles of secularism, equality, and non-discrimination enshrined in the Indian constitution. Several petitions have been filed in the Supreme Court of India challenging the constitutional validity of the CAA, raising Fundamental questions about its compatibility with the Constitution.


Overview of the Citizenship Amendment Act, 2019
Key Provisions of CAA: the Citizenship Amendment Act, 2019 amends Section 2, section 6, and Section 7D of the Citizenship Act,1955. The Key Provisions include:
Religious Persecution and Citizenship: The CAA provides a pathway for the naturalization of non- Muslim minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014, due to religious persecution. This group includes Hindus, Sikhs, Buddhists, Janis, Parses, and Christians.


Exclusion of Muslims: the Act specifically excludes Muslims from the list of eligible communities for citizenship under this provision, which has raised significant concerns regarding the secular nature of the Indian state.
Reduction in Residency Requirement: the Act reduces the required number of years for naturalization from 11 years to 5 years for the specified religious minorities.


Rationale Behind the CAA: the Indian government justified the CAA as a humanitarian measure, intended to protect religious minorities in neighboring Muslim- majority countries, who were allegedly persecuted on account of their religion. This rationale stems from the perception that Muslims in Pakistan, Bangladesh, and Afghanistan have not faced systemic religious persecution to the same extent as non-Muslim minorities.


Constitutional Challenges : the CAA has been subject to numerous legal challenges before the Supreme Court of India. Petitioners have raised several constitutional issues, particularly focusing on its alleged violation of Fundamental rights guaranteed by the Indian Constitution.
Violation of Right to Equality (Article 14): article 14 of the constitution guarantees equality before the law and equal protection of the laws. It prohibits discrimination. The CAA has been criticized for discriminating against Muslims by excluding them from the list of beneficiaries. 
Discriminatory Classification: the core of the challenge is that the Act creates an unjustifiable classification between Muslims and Non- Muslims, which violates the principle of equality. Critics argue that the CAA treats individuals differently based solely on their religion, which violates the constitutional guarantee of equal treatment under the law.


CASE LAW

The Supreme Court held in the landmark case of State of West Bengal v. Anwar Ali Sarkar (1952) that a law could not discriminate between groups unless there was a reasonable nexus to the object of the law. Opponents of the CAA argue that there is no reasonable basis for excluding Muslims from the benefit of citizenship, especially when the law claims to offer refuge to religious minorities.
Violation of Secularism(Article 25-28): India is a secular republic, as envisaged in its Constitution, and it guarantees religious freedom under Articles 25 to 28. The CAA by discriminating against Muslims and granting special rights based on religion, has been argued to undermine India’s secular fabric.


Secularism and religious discrimination: secularism, as a basic feature of the constitution, mandates that the state must not favor any religion over others. By specifically excluding Muslims from CAA’s provisions, critics content that the law violates the principle of secularism.


CASE LAW

The Supreme court reaffirmed that secularism is a part of the basic structure of the Constitution in S.R. Bommai v. Union of India(1994). The CAA, according to critics, undermines this fundamental principle by providing preferential treatment to non- Muslim on the basis of religion.


Violation of Freedom of Religion (Article 25): Article 25 guarantees individuals the right to freely profess, practice, and propagate their religion. Critics argue that by excluding Muslims from the benefits of the CAA, the Act infringes upon the right to freedom of religion, particularly for Muslims who have fled religious persecution.


Religious persecution and exclusion: the argument here is that Muslims who face persecution in the neighboring countries are unfairly excluded from the CAA’s provisions, which violates their fundamental rights.


Violation of the Right Against Discrimination (Article 15): Article 15 prohibits discrimination on any grounds. Petitioners argue that the CAA contravenes Article 15 because it makes religion a criterion for granting citizenship.


CASE LAW: the case of Indira Gandhi v. Raj Narain (1975) reinforced the principle of non-discrimination in the Constitution. The critics contend that it violates this principle by discriminating against Muslims on the basis of religion.


The Basic Structure Doctrine: the Basic Structure Doctrine, as established in Kesavananda Bharati v. State of Kerala 1973, holds that certain basic features of the constitution cannot be altered or amended by Parliament. Secularism, equality, and the right to life and liberty are considered part of the basic structure.


Basic structure challenge: critics of the CAA argue that the Act strikes at the very heart of India’s constitutional values, including its secular nature, and thus violates the basic structure of the constitution.


Case Laws and Judicial Precedents
Several important case laws can be referenced in the context of the CAA’s constitutional challenges:
Minerva Mills Ltd. v. Union of India 1980 : the Supreme Court held that the balance between Fundamental Rights and the Directive Principles of State Policy is part of the basic structure of the Constitution. The CAA’s challenges could be viewed in light of this balancing act.


Indra Sawhney v. Union Of India 1992: this case established the principle of affirmative action and how the constitution accommodates special treatment for disadvantaged communities. Critics argue that the CAA’s exclusionary provisions do not align with the spirit of this case.


Maneka Gandhi v. Union of India 1978: this case expanded the scope of Article 21, ensuring that any deprivation of personal liberty must follow a just, fair, and reasonable procedure. The denial of citizenship to Muslims, critics argue, does not meet these standards.


Mohd. Ahmed Khan v. Shah Bano Begum 1985: this case addressed issues of personal law and religious practices. The Supreme Court’s ruling in Shah Bano emphasized equal treatment for all religions, an aspect critics feel is undermined by the CAA.


Conclusion

The Citizenship Amendment Act, 2019 has triggered a major constitutional debate in India, with its provisions raising significant concerns regarding equality, secularism, and non- discrimination. While the Act was introduced to protect religious minorities facing persecution in neighboring countries, its exclusion of Muslims has made it a highly controversial piece of legislation. Critics argue that the CAA violates fundamental rights under the Constitution, including the right to equality, the right against discrimination, and the principle of secularism.
The ongoing legal challenges in the supreme court will determine the fate of the CAA and its compatibility with the Indian Constitution. Regardless of the outcome, the CAA has brought to the forefront the importance of upholding the Constitution’s core principles and ensuring that laws are in harmony with India’s democratic and secular values.


FAQS


What is the Citizenship Amendment Act,2019?
The Citizenship Amendment Act (CAA) provides a pathway to Indian citizenship for non-Muslim minorities- Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians- from Pakistan, Bangladesh, and Afghanistan, who entered India before December 31,2014, due to religious persecution.


What are the constitutional challenges to the CAA ?
The CAA has faced challenges on the grounds of discrimination against Muslims, Violation of secularism, violation of the right to Equality, and the right against discrimination.


Why is the CAA considered unconstitutional by some?
Critics argue that the CAA violates the principles of equality, secularism, and non- discrimination, which are fundamental to the Indian Constitution. It has been argued that the exclusion of Muslims from the Act’s provisions is discriminatory.


What is the Basic Structure Doctrine?
The Basic Structure Doctrine, established in the Kesavananda Bharati case, holds that certain fundamental features of the Constitution cannot be amended. Secularism and equality are considered part of this basic structure.


What impact has the CAA had on India?
The CAA has sparked widespread protests across India, with many claiming that it undermines India’s secular Identity. It has led to legal challenges, public debated, and social unrest, prompting calls for its repeal.

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