In March 2024, India’s government finally notified rules to implement the Citizenship (Amendment) Act 2019 (CAA). This ended over four years of uncertainty since the law’s enactment. The CAA fast-tracks citizenship for migrants from six minority religions—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Pakistan, Bangladesh, and Afghanistan, provided they entered India before 2014. The law notably excludes Muslims, breaking India’s post-independence tradition of religion-neutral citizenship laws. Early implementation data shows modest uptake, with only a few approvals in Assam and Vidarbha by 2025. The Act has revived deep questions about who belongs in India and on what terms.
Partition and the Origins of Indian Citizenship
The 1947 Partition created India and Pakistan along religious lines. Millions migrated amid violence. India’s founding leaders chose a pluralistic vision, retaining 35 million Muslims within India’s borders. The 1950 Constitution enshrined secular citizenship based on domicile and migration, not religion. Early laws allowed non-Muslim refugees from Pakistan to gain citizenship more easily. Muslims who left India for Pakistan faced stricter return conditions. Citizenship became tied to the new borders and political realities.
Post-Partition Migration and Legal Framework
Cross-border movement was initially fluid but hardened by the 1950s. The Nehru-Liaquat Pact temporarily eased minority fears but gave way to strict passport and visa regimes. The 1955 Citizenship Act outlined five paths to citizenship without religious distinction. Refugees from East Pakistan (later Bangladesh) fled communal violence, swelling India’s population. The 1971 Bangladesh Liberation War caused a massive influx of refugees, many of whom returned home after independence, but some stayed permanently, especially in Assam.
Assam’s Unique Citizenship Challenges
Assam saw intense demographic changes due to Bengali Hindu and Muslim migration. The Assam Movement demanded the expulsion of post-1971 immigrants. The 1985 Assam Accord set 24 March 1971 as the cutoff date for citizenship eligibility. Assam’s citizenship rules thus diverged from the rest of India, linking belonging to historic migration dates. This brought into light how ethnicity, language, and religion intersect in regional identity debates.
Evolution of Citizenship Laws and NRC
India’s citizenship laws tightened over time. Jus soli (citizenship by birth) was restricted in 1987 and 2004 to prevent undocumented migrants from gaining citizenship. The National Register of Citizens (NRC) concept resurfaced in Assam, leading to the exclusion of nearly 1.9 million people in 2019 for lack of documentation. Many excluded were poor and marginalised, not just Muslims. Documentation challenges raised concerns about fairness and human rights.
Citizenship (Amendment) Act 2019 and Its Impact
The CAA 2019 introduced religion as a criterion for citizenship for the first time. It offers refuge to non-Muslim minorities fleeing persecution from three Muslim-majority countries. Critics argue it violates constitutional secularism and equality guarantees. The combination of CAA and NRC sparked fears among Indian Muslims about statelessness and discrimination. Protests erupted nationwide, emphasising India’s pluralistic ideals. Supporters claim the Act corrects historical injustices against persecuted minorities and reflects India’s civilisational ethos.
Debates on Indian Identity and Secularism
The CAA reignited debates about India as a territory versus a homeland. The secular view sees India as inclusive of all citizens regardless of religion. The opposing view defines India as a homeland primarily for Indic religions, excluding Muslims as outsiders. This echoes pre-independence ideologies like Hindutva. The law reflects ongoing tensions between pluralism and majoritarian nationalism in India’s national identity.
Questions for UPSC:
- Discuss in the light of India’s pluralistic Constitution, the implications of introducing religion as a criterion in citizenship laws.
- Critically examine the challenges and consequences of implementing a National Register of Citizens in a diverse and populous country like India.
- Explain the impact of the 1947 Partition on the development of citizenship laws in India and Pakistan with suitable examples.
- With suitable examples, discuss the role of regional identity and ethnic movements, such as the Assam Movement, in shaping citizenship policies in India.
