what is CAA and NRC in India – On 11 December 2019, the parliament of India passed The Citizenship (Amendment) Act, 2019.
The Citizenship (Amendment) Act, 2019
The main object of The Citizenship (Amendment) Act, 2019 to provide Indian citizenship for illegal migrants of Hindu, Sikh, Buddhist, Jain, Paris, and Christian religious minorities from Pakistan, Bangladesh, and Afghanistan.
Under The Citizenship (Amendment) Act, 2019 illegal migrants who had entered into India by 31 December 2014 are eligible for Indian citizenship. Illegal migrants of Muslim religion from Pakistan, Bangladesh, and Afghanistan were not given such eligibility.
This amendment criticized by many organizations including the United Nations. The amendment there is discrimination on the basis of religion. Excluding only Muslim migrants is a violation of Human rights as well as a violation of fundamental rights that are given in the constitution of India.
Many critics in India express their opinion that The Citizenship (Amendment) Act, 2019 is would be used along with NRC (National Register of Citizens) to make many Muslim citizens stateless. Some critics also question the exclusion of religious minorities in Sri Lanka, Tibet. The amendment caused large-scale protests throughout the country against the Act.
In reply to these critics, The Indian government said that Pakistan, Afghanistan, and Bangladesh are Islamic countries and they have Islam as their official state religion, therefore, it is not possible for Muslims to face religious persecution there. some critics pointed out that Muslim groups such as Hazaras and Ahmadis are facing persecution in these countries.
What is CAA and NRC in India
Many states which are governed by the Opposition party passed a resolution against the Act and said they will not implement the said Act as it would create communal tensions in the state. But according to Union Home Ministry state have no power to stop the implementation of CAA as the Act is enacted under the Union list of the constitution of India
The act was opposed by many political parties, organizations, and religious groups and Some of them filed a petition in the supreme court of India against the said Act. On the 18th December 2019, the supreme court of India declined to stay implementation of the citizenship amendment act,2019.
According to Harish salve, Former solicitor General of India said Act does not violate Article 14, Article 15, Article 21 and Article 25 of the constitution of India. He said that Article 15 and Article 21 is exclusively applicable to those who live in India, resides in India, not to those who want to enter in India.
Asaduddin Owaisi, Barrister and member of Parliament said that the said Act violates Article 14, Article 21 and Article 25 of the constitution of India. According to him sections 2,3,5 and 6 of The Citizenship (Amendment) Act, 2019 is an unconstitutional, null and void and ultra virus to the constitution of India.
As the provisions of The Citizenship (Amendment) Act, 2019 are discriminating on the basis of religion and classification which is based on religion is impermissible and therefore violative of the Constitution of India.