Citizenship (Amendment) Rules, 2024 explained: What you need to know

The Modi government notified CAA rules on Monday. Here is everything you need to know about the citizenship law, eligibility, application process, and exemptions

The Modi government officially notified the Citizenship (Amendment) Rules, 2024, on Monday evening, signalling a significant development in India's citizenship framework. Home Minister Amit Shah took to Twitter to announce the news, highlighting the rules' provisions to grant citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan.

In his post, he wrote, "These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation... With this notification PM Narendra Modi Ji has delivered on another commitment and realised the promise of the makers of our Constitution to the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians living in those countries."

What is the Citizenship (Amendment) Act, 2019?

The Citizenship (Amendment) Act, 2019 (CAA) is a legislative enactment that the Parliament of India passed on December 11, 2019 to amend the Citizenship Act of 1955. This amendment allowed for the grant of Indian citizenship to religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who fled from neighbouring Muslim-majority countries of Pakistan, Bangladesh, and Afghanistan due to religious persecution or fear thereof before December 2014.

Under the CAA 2019 amendment, migrants who entered India by December 31, 2014, were eligible for fast-track Indian citizenship. The amendment reduced the residence requirement for naturalisation from eleven years to five.

The Act was heavily criticised for excluding Muslims from its purview.
 

What are the CAA 2024 rules?

The rules, in line with the 2019 amendment to The Citizenship Act, 1955, aim to provide citizenship to migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India before December 31, 2014, from Pakistan, Afghanistan, or Bangladesh.

An online system for application, processing, and grant of citizenship under the Citizenship Amendment Act (CAA) is being explored by the Home Ministry.

Eligibility criteria for citizenship application

Eligible applicants include individuals of Indian origin, spouses of Indian citizens, minor children of Indian citizens, individuals with registered Indian citizen parents, and Overseas Citizens of India Cardholders, among others.

Documentation requirements for citizenship by naturalisation

Individuals seeking citizenship by naturalisation must submit Form VIIIA, accompanied by an affidavit verifying the accuracy of the provided information and attesting to the applicant's character by an Indian citizen. Additionally, applicants must declare their proficiency in one of the languages specified in the Eighth Schedule to the Constitution of India.

The application process for citizenship

Under Section 6B of the Citizenship Act, 1955, applicants must follow a specific application process, including electronic submission of the application to the Empowered Committee through the designated District Level Committee.

Upon submission, applicants will receive an acknowledgement in Form IX. This will be followed by document verification by the District Level Committee.

"Every application made by the applicant under sub-rule (1) shall have a declaration to the effect that the citizenship of his country shall stand renounced irrevocably in the event of his application being approved and that he shall not raise any claim on it in future," the document read.

The designated officer administers the oath of allegiance to the applicant, and the application, along with necessary documents, is forwarded to the Empowered Committee for further processing. In case the applicant fails to appear in person for the oath-taking, the District Level Committee may forward the application to the Empowered Committee to be considered for refusal.

Upon successful completion of the application, citizens will be provided digital certificates. A hard copy of the certificate may be provided on request.

Who is exempted from the CAA?

Autonomous councils created under the 6th Schedule of the Constitution are exempted from the purview of CAA. The law that came into effect on Monday will, therefore, not be implemented in most tribal parts of Northeastern states. Autonomous councils under this special status include Karbi Anglong, Dila Hasao and Bodoland Territorial Council areas in Assam, Garo Hills in Meghalaya and tribal areas in Tripura.

Areas where the Inner Line Permit (ILP) is required for a visit by people from other parts of the country in Northeastern states are excluded from the law. The ILP is in place in parts of Arunachal Pradesh, Nagaland, Mizoram and Manipur.

Protests against CAA

The Citizenship (Amendment) Act has sparked widespread protests across the country, including in the national capital region and northeastern states since its introduction in 2019. Protesters in Assam and other northeastern states expressed concerns over potential loss of political, cultural, and land rights, as well as fears of increased migration from Bangladesh.

Protestors have also argued that the amendment discriminates against Muslims and violates the right to equality enshrined in the Constitution. Some also question the exclusion of persecuted religious minorities from regions such as Tibet, Sri Lanka, and Myanmar.

Several petitions challenging the constitutional validity of the Citizenship (Amendment) Act, 2019, have been filed, including by political leaders, advocacy groups, and individuals. The Supreme Court has issued notices to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA.