CAA Rules: From eligibility to process of getting citizenship, these key facts every citizen should know

Here are the key takeaways from the CAA Act rules:

Eligibility for Citizenship under Section 6B:

• Individuals of Indian origin. • Individuals married to Indian citizens. • Minor children of Indian citizens. • Individuals whose parents are registered Indian citizens. • Individuals or their parents who were citizens of Independent India. • Individuals registered as Overseas Citizen of India Cardholders.

Special documents required with the citizenship application include:

• An affidavit attesting to the character of the applicant, to be provided by an Indian citizen.

• Applicants must demonstrate proficiency in one of the languages enumerated in the Eighth Schedule of the Constitution.

Below is the list of documents required to prove the applicant's nationality of Afghanistan, Bangladesh, or Pakistan:

• A copy of the passport issued by the government of Afghanistan, Bangladesh, or Pakistan.

• Registration certificate or residential permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India.

• Birth certificate issued by a government authority in Afghanistan, Bangladesh, or Pakistan.

• School certificate or educational certificate issued by the School, College, Board, or University authorities in Afghanistan, Bangladesh, or Pakistan.

• Identity document issued by the government of Afghanistan, Bangladesh, or Pakistan, or any other government authorities or agencies in these countries.

• Any licence or certificate issued by a government authority of Afghanistan, Bangladesh, or Pakistan.

• Land or tenancy records in Afghanistan, Bangladesh, or Pakistan.

• Any document indicating that the applicant's parents, grandparents, or great-grandparents were citizens of Afghanistan, Bangladesh, or Pakistan.

• Any other document issued by a government authority or agency in Afghanistan, Bangladesh, or Pakistan establishing the applicant's nationality.

• It's noted that these documents remain admissible even beyond their validity period as per the notified rules.

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As per the CAA rules, the procedure for application is outlined as follows:

Submission of Application: The applicant must submit an application for registration or naturalisation under section 6B in electronic form to the Empowered Committee through the District Level Committee designated by the Central government, as per the gazette notification.

Document Verification: The District Level Committee, headed by the Designated Officer, shall verify the documents submitted by the applicant along with the application.

Oath of Allegiance: The Designated Officer shall administer the oath of allegiance to the applicant as specified in the Second Schedule to the Citizenship Act, 1955. Subsequently, the Designated Officer will sign the oath of allegiance and forward it electronically, along with confirmation regarding document verification, to the Empowered Committee.

Non-Appearance of Applicant: If the applicant fails to appear in person to subscribe the application and take the oath of allegiance despite reasonable opportunities, the District-Level Committee will forward the application to the Empowered Committee for consideration of refusal.

Scrutiny by Empowered Committee: The Empowered Committee referred to in rule 11A will scrutinise the application to ensure completeness and verify that the applicant satisfies all conditions laid down in section 6B.

Grant of Citizenship: Upon being satisfied after necessary inquiry regarding the suitability of the applicant, the Empowered Committee may grant citizenship of India through registration or naturalisation.

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31 DMs Authorised to Grant Indian Citizenship

Since 2022, the Centre has allowed 31 district magistrates and home secretaries of nine states to grant Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who have come from Afghanistan, Bangladesh and Pakistan under the Citizenship Act, 1955. These nine states are Gujarat, Rajasthan, Chhattisgarh, Haryana, Punjab, Madhya Pradesh, Uttar Pradesh, Delhi and Maharashtra.
According to MHA’s annual report for 2021-22, at least 1,414 foreigners belonging to these non-Muslim minority communities from Pakistan, Bangladesh and Afghanistan were given Indian citizenship by registration or naturalisation under the amended Citizenship Act, 1955.

Factors Delaying CAA Implementation

The delay in implementing the CAA can be attributed primarily to two factors. First, widespread protests erupted across various parts of the country, resulting in clashes between protesters and authorities. Secondly, the impact of the Covid-19 pandemic, which struck India in March 2020, further contributed to the delay.

Reports citing the Manual on Parliamentary Work mentioned that rules for any legislation should ideally be framed within six months of presidential assent, or extensions should be sought from the Committees on Subordinate Legislation in the Lok Sabha and Rajya Sabha. Since 2020, the Union home ministry has continuously sought extensions at regular intervals, leading to the delay in implementation.

MHA Launches Online Portal for Citizenship

After the preparation of a dedicated portal by the Ministry of Home Affairs (MHA) for the convenience of applicants, the entire process for citizenship under the CAA will be conducted online. Applicants will be required to declare the year of their entry into India without travel documents. Officials have stated that no additional documents will be requested from applicants, as per several media reports.

There are certain exceptions where the CAA provisions do not apply:

Areas Covered by Sixth Schedule: The amendments introduced by the CAA do not extend to regions governed by the Constitution's sixth schedule. These areas, found in Assam, Meghalaya, Tripura, and Mizoram, are autonomous tribal-dominated regions. Migrants belonging to identified communities from Afghanistan, Bangladesh, and Pakistan based on religion cannot obtain Indian citizenship if they reside in these areas.

States with Inner-Line Permit (ILP) Regime: The CAA also does not include states with an inner-line permit (ILP) regime, primarily located in north-east India. The ILP is a special permit required for non-residents to enter and reside in these states for a limited duration. States where the ILP system is operational include Arunachal Pradesh, Mizoram, Nagaland, Manipur, Lakshadweep, and Himachal Pradesh.

The implementation of the CAA heralds significant changes in the citizenship landscape:

Amendments to the Citizenship Act of 1955: The CAA alters the provisions of the Citizenship Act of 1955, which previously prohibited illegal migrants in India from acquiring Indian citizenship.

Eligibility of Undocumented Migrants: Individuals who entered India without valid travel documents or overstayed their permitted period, previously categorised as foreigners under existing laws, are now eligible for citizenship under the CAA.

Opposition to the CAA has been rooted in two main concerns:

Discrimination against Muslims: Critics argue that the CAA discriminates against Muslims by excluding them from its provisions, thereby infringing upon the principles of secularism enshrined in the Constitution.

Potential Impact on NPR and NRC: There are apprehensions about the potential implications of the CAA on the National Population Register (NPR) and the proposed National Register of Citizens (NRC). Critics fear that the CAA, combined with these exercises, could lead to the marginalisation and exclusion of certain communities, particularly Muslims, from citizenship rights.

Govt Defends CAA on Multiple Fronts

The Centre has defended the CAA on several grounds:

Historical Obligation: Supporters of the CAA argue that India bears a historical responsibility and moral obligation to provide refuge to persecuted minorities from Afghanistan, Pakistan, and Bangladesh.

Humanitarian Grounds: The CAA is framed as a humanitarian response to the plight of religious minorities who have endured persecution in the neighboring countries. These minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, deserve special consideration and help due to the hardships they have faced in their countries of origin.

Protection of Religious Minorities: The primary aim of the CAA is to offer legal protection and a pathway to citizenship for religious minorities who may have entered India illegally or overstayed their visas due to fears of persecution in their home countries.