18/02/2024
The Indian Government has articulated its stance on the Citizenship Amendment Act (CAA) 2019 to the Supreme Court, declaring the Act as harmless to the secular and legal rights of Indian citizens. In its detailed submission, the government argues that the CAA is an innocuous law, designed only to provide amnesty to specific persecuted minorities from neighboring theocratic nations, without impacting the existing rights of Indian citizens.
The government’s affidavit responds point by point to the challenges of the Act’s constitutionality, emphasizing that the CAA’s classifications are logical based on geopolitical circumstances and do not breach Article 14 of the Indian Constitution. The government reasons that distinctions based on religious persecution are valid and that excluding certain countries and groups does not violate secular principles.
Furthermore, the affidavit defends the necessity of the National Register of Citizens (NRC), as mandated by earlier amendments to the Citizenship Act, contending that creating such a register is an essential sovereign function. The process, which distinguishes citizens from non-citizens, follows established legal protocols and is not overly delegated, as claimed by critics.
Regarding the cut-off date for citizenship eligibility, the government clarifies that the dates set forth in the Act and the Constitution are well within the legislative purview and are not arbitrary. These dates stem from considered legislative and policy decisions that are outside the scope of judicial review. The government is also preparing a separate counter-affidavit to address issues specific to the state of Assam and the North Eastern region.
In essence, the government's position is that the CAA is a measured and necessary statute that aligns with India’s constitutional and secular ethos while addressing a specific humanitarian concern, and the ex*****on of the NRC is a justified step in managing the legal processes concerning citizenship.
