The Central government has notified to enact the Citizenship (Amendment) Rules, 2024, effectively bringing the CAA Act of 2019 into force.
Initially receiving presidential assent on December 12, 2019, and subsequently published in the gazette, the CAA remained in a state of limbo for the past four years as its accompanying rules had yet to be notified. This delay followed widespread riots in Delhi in February 2020, ignited by the enactment of the CAA.
The CAA and its associated Rules aim to confer citizenship upon Hindus, Jains, Christians, Sikhs, Buddhists, and Parsis who arrived in India on or before December 31, 2014, from Bangladesh, Pakistan, and Afghanistan.
In amending Section 2 of the Citizenship Act of 1955, which defines “illegal migrants,” the CAA introduced a new provision to Section 2(1)(b) of the Citizenship Act. This provision exempts individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities from Afghanistan, Bangladesh, or Pakistan, who have been granted exemptions by the Central government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, from being classified as “illegal migrants.” Consequently, such individuals are eligible to apply for citizenship under the 1955 Act.
Petitioners argue that the CAA unlawfully discriminates against Muslims based on religion, violating the right to equality under Article 14.
Despite nationwide protests and legal challenges, the Supreme Court, in January 2020, issued notices in response to a batch of over 140 petitions without suspending the Act.
The Central government has notified to enact the Citizenship (Amendment) Rules, 2024, effectively bringing the CAA Act of 2019 into force.https://t.co/jip46VXizv
— Kachahari Kanoon I कचहरी कानून (@kachaharikanoon) March 12, 2024
In its affidavit submitted to the Supreme Court, the Central government asserts that the CAA does not infringe upon the legal, democratic, or secular rights of any Indian citizens.
The government maintains that the existing procedures for foreigners to acquire Indian citizenship remain unaffected by the CAA.
Currently, these petitions are pending consideration before the Supreme Court.
Notification: Citizenship (Amendment) Rules, 2024
PDF : E_gazette_11032024