Citizenship Amendment Act, 2019

Citizenship Amendment Act, 2019

Introduction

The Citizenship Amendment Act of 2019 represents one of the most contentious legislative amendments in contemporary Indian legal history. Passed by Parliament on December 11, 2019, and receiving presidential assent on December 12, 2019, this legislation fundamentally altered the Citizenship Act of 1955 by introducing religion-based criteria for granting citizenship to illegal migrants from three neighboring countries. The Act provides an accelerated pathway to Indian citizenship for persecuted religious minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014, specifically targeting Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians while notably excluding Muslims. The implementation of this law, which came into effect through the Citizenship Amendment Rules notified on March 11, 2024, has triggered widespread constitutional debates, protests, and over 200 legal challenges currently pending before the Supreme Court of India.

Legislative Framework and Key Provisions

The Citizenship Amendment Act operates by amending several critical sections of the parent Citizenship Act of 1955. The Act introduces a new proviso to Section 2(1)(b) that fundamentally redefines who qualifies as an illegal migrant. Under the original framework established by the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920, any foreigner who enters India without valid travel documents such as passports and visas, or who overstays beyond the permitted period, is classified as an illegal migrant [1]. These illegal migrants face deportation or imprisonment under the existing legal regime. However, the 2019 amendment carves out a specific exemption for individuals belonging to six designated religious communities from three Muslim-majority nations.

The statutory language of the amendment provides that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan who entered India on or before December 31, 2014, and who has been exempted by the Central Government under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act of 1920 or from the application of provisions of the Foreigners Act of 1946, shall not be treated as illegal migrants for the purposes of the Citizenship Act [2]. This provision effectively grants legal status to individuals who would otherwise face criminal penalties for unauthorized entry or stay in India.

The Act further inserts a new Section 6B into the parent legislation, which establishes the procedural framework for granting certificates of registration or naturalization to eligible persons. Under this provision, the Central Government or an authority specified by it may grant citizenship to qualifying individuals, subject to conditions prescribed through rules. Significantly, persons granted citizenship under this section are deemed to be Indian citizens from the date of their entry into India, effectively backdating their citizenship status. The amendment also relaxes the residency requirement for naturalization from eleven years to five years for these specific categories of migrants [3].

Territorial Limitations and Exemptions

Recognizing the unique demographic and political concerns of northeastern states, the legislation incorporates significant territorial exemptions. The provisions granting accelerated citizenship to illegal migrants do not apply to tribal areas of Assam, Meghalaya, Mizoram, and Tripura that are included in the Sixth Schedule to the Constitution. These protected areas include Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma District in Mizoram, and Tripura Tribal Areas District. Additionally, the Act exempts areas regulated under the Inner Line Permit system, which is governed by the Bengal Eastern Frontier Regulation of 1873. States currently under this regime include Arunachal Pradesh, Mizoram, Nagaland, and Manipur, which was brought under the Inner Line Permit system through a gazette notification on the same day the Act was passed in Parliament [4].

These exemptions were incorporated to address concerns raised by indigenous communities who feared that naturalizing large numbers of Bengali immigrants would fundamentally alter the region’s demographic composition and threaten access to education, employment opportunities, and government subsidies. The historical context of migration from Bangladesh, particularly following the 1971 Liberation War, has created long-standing tensions in these border states regarding citizenship and cultural identity.

Regulatory Implementation Through Subordinate Legislation

The practical implementation of the Citizenship Amendment Act remained dormant for over four years following its enactment, primarily due to the absence of implementing rules and widespread protests that erupted across the country. The Union Government finally notified the Citizenship (Amendment) Rules on March 11, 2024, establishing the operational framework for processing citizenship applications. These rules amend the Citizenship Rules of 2009 and specify the application procedures, documentation requirements, and processing mechanisms for eligible persons seeking citizenship under the amended provisions.

The rules create a streamlined three-tier verification process involving district-level, state-level, and central-level scrutiny of applications. Applicants are required to submit proof of their religious identity, country of origin, and date of entry into India. However, critics have raised concerns that the rules do not mandate applicants to demonstrate actual persecution or fear of persecution in their country of origin. The application forms do not require narratives explaining the circumstances that compelled migration to India, and eligibility can be established through a certificate from a community-based leader attesting membership in one of the designated religious communities [5].

Constitutional Challenges and Article 14 Jurisprudence

The most significant legal challenge to the Citizenship Amendment Act centers on its alleged violation of Article 14 of the Constitution, which guarantees equality before the law and equal protection of laws to all persons within the territory of India. Article 14 is not an absolute guarantee of equality but permits reasonable classification based on intelligible differentia that bears a rational nexus to the objective sought to be achieved. The fundamental question before the courts is whether the religion-based, country-specific, and date-bound classifications created by the Act satisfy the twin tests of reasonable classification established through decades of constitutional jurisprudence.

The lead petition challenging the Act was filed by the Indian Union Muslim League in December 2019, immediately following its passage. This petition has now been tagged with over 200 similar petitions filed by various political parties, civil society organizations, and individuals. The petitioners contend that the Act violates the principle of secularism, which the Supreme Court has recognized as a basic feature of the Constitution in the landmark case of S.R. Bommai v. Union of India. They argue that linking citizenship acquisition to religious identity fundamentally contradicts India’s constitutional commitment to secular governance and equal treatment of all religions.

The classification based on country of origin has also been challenged as manifestly arbitrary. Petitioners point out that religious minorities facing persecution exist in other neighboring countries such as Sri Lanka, where Tamil Hindus have experienced discrimination, Myanmar, where Rohingya Muslims and other minorities face severe persecution, and China, where Uighur Muslims and Buddhists are subjected to state-sponsored oppression. The exclusion of these countries and the affected minorities from the Act’s protective ambit suggests that the stated objective of providing refuge to persecuted religious minorities lacks a coherent principle.

Furthermore, even within the three designated countries, the Act excludes certain severely persecuted groups. The Ahmadiyya community in Pakistan, which is legally declared non-Muslim and faces systematic persecution, receives no protection under the Act. Similarly, Shia Muslims and Hazaras in Afghanistan, atheists and rationalists in Bangladesh, and other religious minorities are left without the benefit of accelerated citizenship, despite documented histories of persecution. This selective inclusion and exclusion pattern has been characterized by petitioners as evidence of manifest arbitrariness that fails to establish a rational connection between the classification and the purported legislative objective [6].

Relationship with the National Register of Citizens

While the government maintains that the Citizenship Amendment Act operates independently of the National Register of Citizens, critics have raised concerns about the combined impact of these two mechanisms. The NRC, mandated by a 2003 amendment to the Citizenship Act of 1955, aims to create a comprehensive database of all legal Indian citizens. The exercise conducted in Assam resulted in the exclusion of approximately 1.9 million persons from the final register, raising fears about potential statelessness and discrimination.

The concern is that when implemented nationwide, the NRC process may exclude both Muslims and non-Muslims who lack adequate documentation to prove their citizenship. However, non-Muslims excluded from the NRC would have the opportunity to regain citizenship through the fast-track process established by the Citizenship Amendment Act, while Muslims would not enjoy this protection. This differential treatment could result in disproportionate harm to Muslim residents who might be rendered stateless despite generations of residence in India [7].

Overseas Citizenship of India Provisions

Beyond its primary focus on illegal migrants, the Citizenship Amendment Act also modifies provisions relating to Overseas Citizenship of India cardholders. The Act expands the grounds for cancelling OCI registration to include violation of any law notified by the Central Government. Prior to this amendment, OCI registration could be cancelled only if the person had registered through fraud, or if within five years of registration they were sentenced to imprisonment for two years or more, or if such cancellation was necessary in the interest of sovereignty and security of India.

The new provision significantly broadens the government’s discretionary power to revoke OCI status for violations of any law, potentially including minor infractions. While the Act does provide that OCI cardholders must be given an opportunity to be heard before cancellation orders are passed, critics argue that this expansion creates uncertainty and could be used arbitrarily. The provision does not distinguish between serious criminal offenses and petty violations, potentially subjecting OCI holders to disproportionate consequences [8].

International Human Rights Obligations

India’s obligations under international human rights law have emerged as another dimension of the constitutional challenge to the Citizenship Amendment Act. The petitioners invoke principles enshrined in the Universal Declaration of Human Rights, which provides that everyone has a right to nationality, and the International Covenant on Civil and Political Rights, which prohibits discrimination on grounds including religion. Article 26 of the ICCPR guarantees all persons equality before the law and equal protection of the law without discrimination on any ground.

The petitioners rely on the precedent established in K.S. Puttaswamy v. Union of India, where the Supreme Court held that constitutional provisions must be interpreted in a manner consistent with India’s international law obligations. They argue that the religion-based discrimination inherent in the Citizenship Amendment Act violates emerging principles of international law that require states to avoid rendering persons stateless and to exercise their discretion in granting citizenship without arbitrary discrimination. The government’s counter-argument that citizenship matters fall within the exclusive domain of state sovereignty and are not justiciable has been contested by petitioners who assert that even sovereign powers must be exercised consistent with fundamental rights and international human rights norms [9].

Current Status of Litigation

The Supreme Court has been hearing the consolidated petitions challenging the Citizenship Amendment Act since January 2020, when notices were first issued to the government. After the notification of the Citizenship Amendment Rules in March 2024, the Indian Union Muslim League filed an interlocutory application seeking an immediate stay on implementation. The Court, led by Chief Justice D.Y. Chandrachud, heard arguments on March 19, 2024, but declined to grant a blanket stay on the rules. The Court directed the Union Government to file responses to the stay applications and scheduled further hearings.

During these proceedings, Senior Advocate Kapil Sibal, representing the lead petitioner, argued that the fast-tracked citizenship process could create irreversible situations where citizenship grants would be difficult to revoke even if the Act is ultimately struck down as unconstitutional. He emphasized that under both domestic and international law principles, citizenship once granted cannot easily be withdrawn, potentially rendering the constitutional challenge infructuous. The Solicitor General, representing the Union, maintained that the Act serves a humanitarian purpose and does not affect the citizenship rights of existing Indian citizens, whether Muslim or non-Muslim.

Conclusion

The Citizenship Amendment Act of 2019 stands at the intersection of citizenship law, constitutional rights, and India’s secular democratic framework. While proponents argue that it provides humanitarian relief to persecuted religious minorities from neighboring Islamic republics, critics contend that it fundamentally violates constitutional principles of equality and secularism. The Act’s religion-based classification system, territorial exemptions, and potential interaction with the National Register of Citizens raise complex questions about the limits of legislative power, the scope of fundamental rights, and India’s commitment to its constitutional values. As the Supreme Court deliberates on these challenges, the outcome will have far-reaching implications for India’s citizenship regime, secular character, and treatment of religious minorities. The resolution of this controversy will ultimately determine whether religious identity can serve as a legitimate basis for differential treatment in citizenship matters or whether such distinctions violate the foundational equality guarantees that underpin India’s constitutional democracy.

References

[1] Ministry of Home Affairs, Press Information Bureau. (2020). Press Release on Foreigners Act and Illegal Migrants. https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1744875 

[2] Government of India. (2019). The Citizenship (Amendment) Act, 2019. https://indiancitizenshiponline.nic.in/Documents/UserGuide/E-gazette_2019_20122019.pdf 

[3] PRS Legislative Research. (2019). The Citizenship (Amendment) Bill, 2019. https://prsindia.org/billtrack/prs-products/prs-bill-summary-3390 

[4] Drishti IAS. (2024). Citizenship Amendment Act, 2019. https://www.drishtiias.com/to-the-points/Paper2/citizenship-amendment-act-2019 

[5] India Legal. (2024). IUML tells Supreme Court CAA excludes some neighbouring countries, certain communities. https://indialegallive.com/constitutional-law-news/supreme-court-news/iuml-supreme-court-caa/ 

[6] Supreme Court Observer. (2022). CAA: Writ Petition Summary (Indian Union Muslim League). https://www.scobserver.in/reports/indian-union-muslim-league-citizenship-amendment-act-caa-writ-petition-summary-indian-union-muslim-league/ 

[7] Supreme Court Observer. (2024). Citizenship Amendment Act – Supreme Court. https://www.scobserver.in/cases/indian-union-muslim-league-citizenship-amendment-act-case-background/ 

[8] Library of Congress. (2024). India: Government Begins Implementing Controversial Citizenship Amendment Act. https://www.loc.gov/item/global-legal-monitor/2024-06-02/india-government-begins-implementing-controversial-citizenship-amendment-act/ 

[9] University of Melbourne Law School. (2020). Citizenship (Amendment) Act 2019 and International Law. https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3769484/Citizenship-Amendment-Act-and-International-Law.pdf