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passed through blood rather than conversion,119 adding foreign ethnicities to the CSCs of
religious minorities ensures categorization of such cardholders and their descendants as
non-taingyintha and subject to citizenship scrutiny as potential foreigners.120
The Muslim Other as the potential foreigner in India
Much has already been written about the “muscular majoritarianism” of the BJP government in India.121 Not only has it sponsored legislation like the CAA to try to align citizenship rules with its Hindu-right political agenda, it has reignited debates over older
legislation such as the National Registrar of Citizens (NRC).122 The NRC, which was
mandated by a 2003 amendment to the 1955 Citizenship Act, is supposed to register
all legal citizens. Although no administration has ever seriously attempted a countrywide
implementation of the NRC, the introduction of the CAA and its links to the NRC – to
identify and grant citizenship to immigrants of all religious faiths other than Islam – has
led to renewed anxieties among poor Muslims that the CAA is a step towards rendering
stateless those with less than pristine documents.123 The combination of the NRC and the
CAA has created a discriminatory system that violates the secular spirit of the Indian
Constitution, demonstrating how religious antagonism works through the guise of ethnicity, nationalism, and security. Sajaudeen Chapparban has called such discursive framings “cartographies of hatred”:
… unwanted citizens – the religious minorities – are projected as “outsiders” or “illegals”
and perceived as not just “others” but the obvious other … The idea of “legal” migrants is
confined to Hindus and “illegal” migrants are deliberately referred to Muslims” [sic].124
Nevertheless, amidst such strong and evolving critiques of the Modi administration’s
overt attempts to politicize citizenship via an a priori juxtaposition of legality and religious discrimination, scholars and critics have not fully recognized the historically racialized nature of Indian citizenship. In fact, this historical capital has provided a shroud of
legitimacy and urgency around the CAA-NRC issues, swaying a significant section of
public opinion in their favor.125
Over the last decade, a modest but critical body of scholarship has contextualized the
constitutional modalities of Indian citizenship during the colonial period, along with the
postcolonial demographic and political shifts that have given rise to Hindu majoritarian
politics. The crux of this scholarship is to recast the history of citizenship from an individual relationship with the state into a multi-layered relationship, mediated by communities as well as social and political agencies. Niraja Gopal Jayal has traced this
transformations in the substantive character of Indian citizenship since 1949 as legal
status, a bundle of rights and entitlements, and as a form of identity.126
119
Ikeya 2020; Nyi Nyi Kyaw 2019.
Rhoads et al. Forthcoming.
121
Chandrachud 2020, 2.
122
Jayal 2019; Jaffrelot 2017.
123
Pathak 2024.
124
Chapparban 2020, 53.
125
Times of India 2020, The Hindu 2021.
126
Jayal 2013, 2016, 2019
120