Determining The Constitutionality Of The Citizenship Amendment Act, 2019

Aarushi Suvarna, OP Jindal Global University

ABSTRACT

This paper deals with the understanding of the Citizenship Amendment Act and discusses the constitutionality of the CAA, 2019. It grants citizenship based on religion, notably excluding Pakistani Ahmadis, Sri Lankan Tamils, and Rohingya Muslims by offering certain groups of illegal immigrants protection via quickening the process of citizenship. Proposals for a National Register of Citizens (NRC) and fears stirred by the Act, which could reportedly result in mass deportations and atrocities, have sparked significant demonstrations. The paper lays down the distinction between the CAA and NRC and seeks to establish the constitutionality of the CAA, 2019. It also discusses the inherent quandary of this Act due to its implementation and recommends a due process be followed.

Keywords: Citizenship Amendment Act, Indian Constitution, Preamble, Protest, Fundamental Rights, Religion, Secularism