CITIZENSHIP AMENDMENT ACT, 2019 (CAA) COMES INTO FORCE
Ministry of Home Affairs has notified Citizenship (Amendment ) Rules, 2024 on 11th March, 2024 paving way for implementation of Citizenship (Amendment) Act, 2019 (CAA).
What was CAA ?
Constitution empowers the Parliament to make laws on Citizenship. Parliament has enacted the Citizenship Act, 1955 which provides for acquisition and termination of citizenship. This Act has been time to time amended and had been made stricter to deal with issues of illegal migration.
The term “illegal migrants” were introduced by 2003 amendment to Citizenship Act, 1955. Illegal migrants are such persons who has entered into India without valid passport or travel documents or such persons who had entered into India with valid travel documents but overstayed in India.
The Citizenship (Amendment) Act, 2019, which has caught the popular imagination by term “CAA”, has relaxed the definition of “illegal migrants” to some extent. A migrant who belongs to Hindu, Sikh, Buddhist, Jain, Parsi or Christian Community and has migrated to India from Pakistan , Afghanistan or Bangladesh before 31st December, 2014 will not be treated as illegal migrant.
This Amendment has excluded Muslims which has caused widespread demonstration across India. The stand of the Government was that Muslims were not likely to be persecuted in Pakistan, Afghanistan or Bangladesh where they are in majority as such they have not been included under the amendment.
What are Citizenship (Amendment ) Rules, 2024 ?
The Citizenship (Amendment ) Act, 2019 could not come into effect as rules regarding the same had not been notified. After a long wait of more than four years, the Ministry of Home Affairs has now notified Citizenship (Amendment) Rules, 2024 paving way for implementation of CAA. Rule 10 A provides procedure for making an Application for grant of citizenship. Rule 11 A provides details of authority before which such application will be made.
While many migrants are celebrating notification by Government, some dissidents are thinking it as a political move to give BJP advantage in upcoming Lok Sabha Elections.
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Mukesh Kumar Suman is an advocate based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
