Citizenship and Related Issues

Kerala Cabinet asks Advocate General to explore legal options to challenge CAA notification in Supreme Court

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Key provisions of CAA, 2019

Mains level: States opposition to CAA implementation

Why in the news? 

  • The Kerala Cabinet aims to challenge the implementation of the Citizenship (Amendment) Act, 2019, expressing opposition to its perceived anti-Muslim bias. Legal options are explored to contest the Act’s rules.

Context:

The government notified rules for implementing the Citizenship Amendment Act, 2019, simplifying the process for granting Indian citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014.

About Citizenship Amendment Act, 2019

 

The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955. This Act provided provisions for citizenship by Birth, Descent, Registration and Naturalization.

  • Eligibility Criteria: Amends the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants belonging to specific religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Afghanistan, Bangladesh, and Pakistan.
  • Definition of Illegal Migrants: Illegal migrants are those who enter India without valid travel documents or exceed the permitted duration of stay, subject to prosecution, deportation, or imprisonment.
  • Cutoff Date: Provides eligibility for Indian citizenship to illegal migrants from the mentioned communities who entered India on or before December 31, 2014, excluding them from being treated as illegal immigrants.
  • Exclusion of Muslims: Notably excludes the Muslim community from the list of eligible religious groups, sparking controversy and criticism over religious discrimination in the citizenship criteria.

 

What are the recent challenges faced by the Kerala Government?

  • Anti-Muslim Bias: The Kerala government opposes the Citizenship Amendment Act (CAA), labeling it as “patently anti-Muslim and deeply schismatic.”
  • Resolution for Repeal: The Kerala Assembly adopted a resolution in 2019 demanding the repeal of CAA due to its criterion of religion for Indian citizenship.
  • Legal Challenge: Kerala filed an original suit before the Supreme Court under Article 131, contesting the Center’s framing of CAA rules. Congress leader Ramesh Chennithala, DYFI, and IUML challenge CAA in the Supreme Court.
  • Urgency Post CAA Rules: Kerala Cabinet emphasizes new legal urgency after the Center’s notification of CAA rules.
    • Ongoing anti-CAA protests were witnessed in Kerala, including train blockades and marches. Congress leaders condemn CAA for undermining secular principles.
    • Opposition criticizes Kerala CM’s stance against implementing CAA and calls it political posturing.

National Scenario: 

  • States:
      • In Assam: Members of the All Assam Students Union (AASU) took part in a protest march after the central government notified the rules for implementation of the Citizenship (Amendment) Act, in Guwahati.
      • In Kolkata: Leaders of the Communist Party of India (Marxist-Leninist) protested against the implementation of the Citizenship (Amendment) Act.
  • Youth Protests:
    • In Delhi: Students of Jamia Millia Islamia University also staged a protest after the central government notified the rules for implementation of the Citizenship (Amendment) Act.
    • In Tamil Nadu: Further, members of the Students’ Federation of India (SFI) staged a protest, a day after the Modi-led government notified the rules for implementation of the Citizenship (Amendment) Act, at Madras University.

Way Forward to address the concerns and avoid protests:

  • Dialogue and Consultation: Engage in open dialogue with stakeholders, including state governments, opposition parties, and civil society, to address concerns and seek consensus on amendments or alternatives to the Citizenship Amendment Act.
  • Legal Review: Conduct a comprehensive legal review of the Citizenship Amendment Act and its rules to ensure adherence to constitutional principles, including equality before the law and secularism.
  • Inclusive Citizenship Criteria: Consider revising the Citizenship Amendment Act to remove religious criteria and ensure that citizenship is granted based on objective and non-discriminatory grounds, such as residency or persecution.
  • Uphold Secular Values: Reaffirm the government’s commitment to secularism and religious pluralism, emphasizing the importance of protecting the rights of all communities and promoting social harmony.

Conclusion:

  • Address Kerala’s concerns over anti-Muslim bias in CAA, legal challenges, and ongoing protests. Emphasize dialogue, legal review, inclusivity, and upholding secular values to foster social harmony and resolve grievances.

Prelims PYQs

Q. With reference to India, consider the following statements :​

  1. There is only one citizenship and one domicile.​
  2. A citizen by birth only can become the Head of State.​
  3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.​

Which of the statements given above is/are correct?​

  1. 1 only ​
  2. 2 only​
  3. 1 and 3 ​
  4. 2 and 3

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