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VOL. 17
exclusions from the NRC150 have forced the government to re-think a pan-India
NRC.151
Following the 2004 Amendment, the next major step was a notification
brought by the Central Government (“2015 Amendment”) to exempt certain
classes of foreigners from deportation.152 The most striking aspect of the eligibility requirements under the 2015 Amendment is its specific reference to religious identity.153 Before the 2015 Amendment, religion-based bias was evident
in Articles 6 and 7 of the Indian Constitution, and in the examination of one’s
parents’ citizenship status for birth-based citizenship,154 a thinly veiled inquiry
into the religion of the applicant under the Citizenship Act.155 With the 2015
Amendment, Indian citizenship laws were slowly shedding religion-neutrality
in favour of actively protecting specific communities.
More recently, the 2019 Act was passed to exempt specific categories of
individuals from being categorised as illegal migrants.156 To qualify under the
150
151
152
153
154
155
156
PTI, ‘Sitting MLA, Former Legislator, Kargil Veteran Excluded from NRC’ (Business
Standard, 31 August 2019) <https://www.business-standard.com/article/pti-stories/sitting-mla-former-legislator-kargil-veteran-excluded-from-119083100949_1.html> accessed 28
July 2021.
PTI, ‘No Decision yet on Pan-India Rollout of National Register of Citizens, Centre tells
Rajya Sabha’ (The Financial Express, 17 March 2021) <https://www.financialexpress.com/
india-news/no-decision-yet-on-pan-india-rollout-of-national-register-of-citizens-centre-tells-rajya-sabha/2214649/> accessed 28 July 2021; Business Today, ‘“PM Modi is Right, no Talks on
Nationwide NRC Yet,” Says Amit Shah’ (Business Today, 25 December 2019) <https://www.
businesstoday.in/current/economy-politics/pm-modi-was-right-no-talks-on-nationwide-nrc-yetamit-shah/story/392598.html> accessed 28 July 2021; Chetan Chauhan, ‘Amit Shah Reiterates
Call for Pan-India National Register of Citizens: All you Need to Know’ (Hindustan Times,
11
December
2019)
<https://www.hindustantimes.com/india-news/amit-shah-reiteratescall-for-pan-india-national-register-of-citizens-all-you-need-to-know/story-XxQ9SqXwb1giP1A6zuiDRP.html> accessed 28 July 2021; Soumya Das, ‘Centre has Pan-India NRC Plan,
Claims WB BJP Booklet’ (Deccan Herald, 7 January 2020) <https://www.deccanherald.com/
national/east-and-northeast/centre-has-pan-india-nrc-plan-claims-wb-bjp-booklet-792005.html>
accessed 28 July 2021.
Citizenship (Amendment) Act 2015; Ministry of Home Affairs, Notification GSR
686
(E)
7
September
2015
<https://upload.indiacode.nic.in/showfile?actid=AC_
CEN_ 5_ 23_0 0 0 48 _194631_1523947455673&t y pe = order&f ilena me =Foreig ner s%20
(Amendment)%20Order,%202015.pdf> accessed 28 July 2021 (“Notification dated 7
September 2015”).
Notification dated 7 September 2015, s 2; Ministry of Home Affairs, Notification G.W.R. 702
(E) 18 July 2016 <http://egazette.nic.in/WriteReadData/2016/170822.pdf> accessed 28 July
2021.
1955 Act, s 3 (1) (b), s 3 (1) (c).
Discussed further infra Part III (c)(i); Constitution of India 1950, art 6, art 7; Jayal (n 23);
Jayal (n 27); Niraja Gopal Jayal, ‘The 2016 Citizenship Amendment Bill Consolidates a Trend
Towards a Majoritarian and Exclusionary Concept of Indian Citizenship’ (The Caravan, 20
February 2017) <https://caravanmagazine.in/vantage/2016-citizenship-amendment-bill-majoritarian-exclusionary>accessed 28 July 2021.
2019 Act, s 2; interestingly, lawyer Nizam Pasha highlights an inherent contradiction in the
2019 Act – if a person does not have documents to prove their citizenship or acquire the
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