10.12.2025
Citizenship Amendment Act (CAA)
Context
The Citizenship Amendment Act (CAA) is currently in the news following the Supreme Court's advice that citizenship under this act should be provided only after rigorous scrutiny, emphasizing that the process is not automatic.
About the Citizenship Amendment Act (CAA)
- Background: previously, the Citizenship Act of 1955 explicitly stated that illegal migrants were prohibited from applying for Indian citizenship.
- Key Change (CAA 2019): The CAA, 2019, amended this provision to make specific religious minorities from three neighboring countries like Bangladesh, Afghanistan, and Pakistan, eligible for citizenship, effectively decriminalizing their status as illegal migrants for the purpose of citizenship application.
Key Provisions
Eligible Groups: The act provides exemptions for six specific communities who faced religious persecution:
- Hindu
- Sikh
- Buddhist
- Jain
- Parsi
- Christian
Eligibility Criteria:
- Origin: Applicants must prove they originated from Pakistan, Afghanistan, or Bangladesh using relevant documentation.
- Cut-off Date: They must have arrived in India on or before December 31, 2014.
- Legal Protections: Eligible applicants are exempted from criminal cases, deportation, or punishment related to their illegal entry or stay.
Process & Scrutiny
Verification Mechanism: Citizenship is not automatic. Applicants must undergo a detailed process including:
- Scrutiny: Thorough examination of claims.
- Background Checks: Security and legal verifications.
- Document Verification: Proof of country of origin and date of entry is mandatory.
Conclusion
The CAA represents a significant shift in India's citizenship framework by prioritizing relief for persecuted minorities from neighboring nations. However, the Supreme Court's recent observations underscore that while the act provides a pathway to citizenship, it maintains strict adherence to legal scrutiny and verification procedures.