An Open Access Journal from The Law Brigade (Publishing) Group
268
FUTURE OF CITIZENSHIP LAWS IN INDIA WITH SPECIAL
REFERENCE TO IMPLEMENTATION OF NRC IN ASSAM
Written by Dr. Shahnawaz Ahmed Malik* & Dr. Shaharyar Asaf Khan**
* Assistant Professor, Dept. of Law, AMU Malappuram Centre, Kerala
** Assistant Professor II, Amity Law School, Delhi
INTRODUCTION
The issue of citizenship in India, in contemporary times, is one of the most debated issues in
the country. This controversy is centered on the Citizenship Amendment Act 2019 (hereinafter
CAA 2019), coupled with the National Population of Register (hereinafter NPR) and National
Register of Citizen (hereinafter NRC), which have to be viewed together. The genesis of this
debate came with the enactment of the CAA 2019, which aims to confer citizenships to illegal
migrants of certain neighboring countries on the basis of religion. The migrants of two
religious’ communities, that are Muslim and Jews, stand excluded from the Act. It is also
pertinent to note that the CAA 2019 was enacted in the backdrop of the Supreme Court
monitoring the NRC exercise in the state of Assam. The NRC case itself had proven to display
serious socio-political problem and grave concerns nationwide by excluding over 19 lac
persons belonging to various faiths, rendering them “stateless”i. These excluded persons range
from the family members of a former President of India to those individuals who had fled
religious persecution from neighboring countries.
The Government, in response to the concerns, has rejected any claims that the CAA 2019 is
meant to exclude any particular community, rather has justified the need for such an enactment
stating that it is only a mode for granting citizenship rights to certain persecuted minorities and
it does not in any way take away citizenship of any person. Curiously, the Act does not mention
the term ‘persecuted’ or ‘persecution’, therefore it cannot be read as being a criterion for
granting citizenship. So how does the CAA 2019 take a religious colour? The Act by creating
JOURNAL OF LEGAL STUDIES AND RESEARCH
Volume 6 Issue 4 – ISSN 2455 2437
August 2020
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Electronic copy available at: https://ssrn.com/abstract=3665733