On the verge: Revocation and denial of citizenship in India
deport ‘infiltrators’ and ‘termites’.41 There is a fear that this association – in the context of politically
divisive speech – may encourage officials implementing the NRIC assume that Muslims are more likely
to be foreigners.
Moreover, the non-Muslim individuals who end up being excluded from the NRIC will have the
option, at least theoretically, to apply for citizenship under the CAA. But this route will be completely
unavailable for Muslims. Thus, the CAA-NRIC mechanism makes Muslims disproportionately
vulnerable to citizenship revocation.
Public response and legal challenges
Seven state assemblies passed resolutions against the CAA and called for its repeal as a discriminatory
legislation.42 These and other states also passed resolutions against the implementation of the NPR.43
The states of Kerala and Rajasthan have also joined the constitutional challenge before the Supreme
Court.44
More than 140 petitions have been filed before the Indian Supreme Court challenging the
constitutional validity of the CAA primarily based on articles 14 and 21. The OHCHR also filed an
intervening application listing numerous international human rights law grounds against the CAA.45 The
Supreme Court is yet to list the matter to be heard on merits.46 The Court has repeatedly rejected any
pleas to stop the implementation of the CAA while it examined the constitutional validity of the
legislation. There is some disquiet about the attitude of the court. For instance, a prominent commentator
has argued that an exclusive reliance on the court may be misplaced.47
Meanwhile, one state government led by the BJP was reported to have identified around 32,000
persons that it claimed belonged to the persecuted minorities under the CAA.48 Curiously, this was even
before the central government passed rules for implementation of the legislation. There was also an
incident of slum demolition in the city of Bengaluru on the false suspicion that illegal migrants were
41
Reuters (12 April 2019), Amit Shah vows to throw illegal immigrants into Bay of Bengal.
https://www.reuters.com/article/india-election-speech/amit-shah-vows-to-throw-illegal-immigrants-into-bay-of-bengalidUSKCN1RO1YD. (consulted 12 July 2020). See also, Firstpost (11 April 2019), BJP will remove 'every single infiltrator'
from India. https://www.firstpost.com/politics/bjp-will-remove-every-single-infiltrator-from-india-amit-shah-says-atrallyin-telanganas-ranga-reddy-promises-nrc-implementation-6429961.html. (consulted 21 June 2020)
42
Rodrigues, V. (2020), ‘State Assembly Resolutions against the CAA’, Economic and Political Weekly 55(5). See also, The
Times of India (6 February 2020), Madhya Pradesh becomes sixth state to pass resolution against CAA.
https://timesofindia.indiatimes.com/india/madhya-pradesh-becomes-sixth-state-to-pass-resolution-againstcaa/articleshow/73972009.cms. (consulted 24 June 2020)
43
Scroll (13 March 2020), Delhi: Resolution against NPR passed in Assembly, AAP claims it will harm majority community
too.
https://scroll.in/latest/956086/delhi-resolution-against-npr-moved-in-assembly-claims-it-will-harm-majoritycommunity-too. (consulted 22 June 2020)
The
Hindu
(16
March
2020),
Rajasthan
moves
Supreme
Court
against
CAA.
https://www.thehindu.com/news/national/other-states/rajasthan-moves-supreme-court-against-caa/article31085031.ece.
(consulted 21 June 2020)
44
45
Al Jazeera (5 March 2020), India defends CAA after UN rights chief approaches Supreme Court.
https://www.aljazeera.com/news/2020/03/india-defends-caa-rights-chief-approaches-supreme-court200303114701274.html. (consulted 9 July 2020)
46
The hearings were scheduled to resume in mid-March but have been affected since by the Covid-19 pandemic.
47
Indian Express (12 December 2019), The morning after CAB: It will be a mistake to rely just on Supreme Court.
https://indianexpress.com/article/opinion/columns/the-morning-after-citizenship-amendment-bill-6162497/. (consulted 22
June 2020)
48
Hindustan Times (14 January 2020), Under CAA, 32,000 refugees identified in UP so far: Minister.
https://www.hindustantimes.com/india-news/under-caa-32-000-refugees-identified-in-up-so-far-minister/storybknltgbARFh4w4spSWAidK.html. (consulted 23 June 2020)
European University Institute
33