Mrityunjay Pandey, LLM, Dr. Harisingh Gour Central University Sagar
Ashwani Kumar, LL.M, Dr. Harisingh Gour Central University Sagar
ABSTRACT
The Citizenship (Amendment) Act, 2019 (CAA) has introduced significant changes to India's citizenship framework, specifically providing a pathway to citizenship for non-Muslim immigrants from neighboring countries who face religious persecution. While intended as a humanitarian measure, the CAA has sparked extensive political and social debate due to its selective inclusion based on religion. This religious criterion has raised concerns about the Act's compatibility with Article 14 of the Indian Constitution, which guarantees equality before the law, and the secular nature of the Constitution. Several states have opposed implementing the Act, leading to challenges in its practical execution. Additional complexities include the administrative burden of document verification, resistance from various communities, potential diplomatic repercussions, and concerns over data privacy associated with the linked National Register of Citizens (NRC) and National Population Register (NPR) exercises. The legal and ethical issues surrounding the CAA have prompted widespread protests, judicial challenges, and scrutiny of its potential long-term impact on India’s social cohesion and secular principles. This document explores the CAA’s provisions, challenges, and ongoing debate over its constitutionality, as well as its alignment with India’s commitment to inclusive citizenship and human rights.
Keywords: The Citizenship (Amendment) Act, non-Muslim immigrants, Humanitarian Ground, National Population Register, National Register of Citizens.
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