The recent ruling by the Supreme Court of India has clarified a crucial aspect of the Citizenship (Amendment) Act (CAA), 2019, indicating that individuals applying for citizenship are not automatically entitled to it. Each application must undergo a thorough verification process as mandated by law.
The CAA, enacted in 2019, allows illegal migrants from the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities, hailing from Pakistan, Afghanistan, and Bangladesh, to apply for Indian citizenship. This is applicable to those who entered India before December 31, 2014. The Act relaxes the eligibility conditions for these religious minorities, reducing the required period of naturalization from six years to five years.
A petition has emphasized that Section 2(1)(b) of the CAA exempts religious minorities from Afghanistan, Bangladesh, and Pakistan—who entered India on or before December 31, 2014—from being classified as "illegal migrants." This provision specifically protects Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
Section 6B enables eligible individuals to apply for a certificate of registration or naturalization. Petitioners argue that applicants should not be deprived of fundamental rights during the processing of their applications. However, issues have arisen concerning delays in the issuance of citizenship certificates. This delay, coupled with the non-recognition of acknowledgment receipts during the ongoing Special Intensive Revision (SIR), has raised significant constitutional concerns.
The Supreme Court stated that although the CAA, 2019 confers enforceable rights to persecuted religious minorities, citizenship is not automatically granted. Each individual claim is required to be examined by competent authorities.
The Court stressed that every application must undergo a rigorous verification process. This includes:
Once citizenship is granted through the legal process, individuals may apply for inclusion in the electoral rolls, thereby ensuring their participation in the democratic process.
It is important to distinguish between the CAA and the National Register of Citizens (NRC):
Q1. What does the Citizenship Amendment Act (CAA) entail?
Answer: The CAA allows specific religious minorities from Pakistan, Afghanistan, and Bangladesh to apply for Indian citizenship if they entered India before December 31, 2014, by relaxing the naturalization process.
Q2. Is citizenship granted automatically under the CAA?
Answer: No, the Supreme Court clarified that citizenship under the CAA is not automatic. Each application must be verified by the competent authorities.
Q3. What is the verification process for citizenship applications?
Answer: The verification process includes proving minority status, residence in the specified country, and the circumstances of entry into India.
Q4. Can applicants exercise electoral rights during the application process?
Answer: Applicants cannot exercise electoral rights until citizenship is granted through the proper legal process.
Q5. How does the CAA differ from the National Register of Citizens (NRC)?
Answer: The CAA applies only to specific illegal migrants, while the NRC aims to register all Indian citizens comprehensively, as mandated by the Citizenship Act.
Question 1: What is the main purpose of the Citizenship (Amendment) Act, 2019?
A) To grant citizenship to all illegal migrants
B) To allow specific religious minorities to apply for citizenship
C) To create a National Register of Citizens
D) To abolish existing citizenship laws
Correct Answer: B
Question 2: Which communities are recognized under the CAA for citizenship?
A) Muslims, Sikhs, Christians
B) Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
C) Only Hindus and Sikhs
D) None of the above
Correct Answer: B
Question 3: What is the reduced period of naturalization under the CAA?
A) 3 years
B) 5 years
C) 6 years
D) 10 years
Correct Answer: B
Question 4: What does the Supreme Court emphasize regarding citizenship applications?
A) They are processed automatically
B) They must undergo a verification process
C) They are approved without documentation
D) They can be submitted online only
Correct Answer: B
Question 5: How does the CAA protect applicants during the verification process?
A) By granting immediate citizenship
B) By recognizing them as persecuted minorities
C) By providing financial support
D) By allowing them
Kutos : AI Assistant!
