Legal History of CAA

BY A STAFF REPORTER 

The BJP government first introduced a bill in 2016 to amend the Citizenship Act, making non-Muslim migrants from Pakistan, Afghanistan and Bangladesh eligible for Indian citizenship. Although the bill was passed by the Lok Sabha or lower house of the Indian Parliament, it was stalled in the Rajya Sabha after widespread political opposition and protests in northeast India. The BJP has reiterated its commitment to amend the citizenship law in its 2019 election campaign. It said religious minorities such as Hindus and Sikhs are persecuted in neighbouring Muslim-majority countries and promised to fast track a path of citizenship for non-Muslim refugees. After the elections, the BJP government drafted a bill that addressed the concerns of its northeastern states. It has excluded Arunachal Pradesh, Mizoram, Nagaland, Tripura, Meghalaya and Manipur, except non-tribal towns, which have been exempted under pre-existing regulations. Indigenous areas of Assam have also been excluded. The Indian government, while proposing an amendment, said its bill aims to give quick access to citizenship to those fleeing religious persecution in neighbouring countries and seeking refuge in India. The bill was introduced as the Citizenship (Amendment) Bill, 2016 in the Lok Sabha on July 19, 2016. It was referred to the Joint Parliamentary Committee on August 12, 2016. The committee submitted its report to parliament on January 7, 2019. 

The Bill was considered and passed by the Lok Sabha on January 8, 2019. It was pending consideration and passed by Rajya Sabha. The dissolution of the 16th Lok Sabha has led to the scrapping of this bill. After the formation of the 17th Lok Sabha, the Union Cabinet approved the Citizenship (Amendment) Bill, 2019 for introduction in Parliament on December 4, 2019. The Bill was introduced in the 17th Lok Sabha by Home Minister Amit Shah on 9 December 2019 and passed on 10 December 2019,311 MPs voted in favour of the Bill and 80 in opposition. The Bill was passed in Rajya Sabha on December 11, 2019 with 125 votes in favour and 105 against. Those who were voted for included Janata Dal (United), AIADMK, Biju Janata Dal, TDP and YSR Congress Party. After getting the assent from the President of India on December 12, 2019, the bill assumed the status of an act and the law came into force on 10 January 2020. The implementation of CAA began on December 20, 2019, when Union Minister Mansukh Mandaviya issued citizenship certificates to seven refugees from Pakistan.