Centre notifies CAA rules, sets up application portal

New Delhi: The government announced the long-pending implementation of the Citizenship Amendment Act (CAA), approved by Parliament in 2019, notifying the rules under which the legislation will operate. The law aims to grant citizenship to migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Afghanistan, Bangladesh and Pakistan who had come to India on or before December 31, 2014.

What is Citizenship (Amendment) Act (CAA)? All you need to know

“The application (for citizenship) will be submitted in online form to an empowered committee (of the state or union territory) through the district level committee,” said the order issued late on Monday.

The empowered committee will scrutinise the application and can grant citizenship if satisfied. After issuing the CAA-2019 rules, the union home ministry notified the composition of the empowered committee and the district level committee.

A web portal has been developed to accept the applications, a home ministry spokesperson stated on X, formerly Twitter.

ET was the first to report on October 16, 2023, that a CAA portal is being set up to overcome hurdles posed by state governments. Several opposition-ruled states had passed resolutions against the Act. They included West Bengal, Kerala, Punjab, Rajasthan, Chhattisgarh and Bihar, the last three of which have seen changes in government since then.

‘Chronology samajhiye’: How the opposition parties reacted to CAA notification

The approval of the CAA by Parliament had sparked widespread protests in late 2019 and early 2020 for various reasons such as the exclusion of some sections and the perceived legitimisation of migrants. It was also seen as being discriminatory toward Muslims and threatening their legal status.The government sought to provide assurances on this count.

“The central law does not apply to Indian citizens,” an official said. “Therefore, it does not in any way take away or abridge the rights of any Indian citizen. Further, the present legal process of acquiring Indian citizenship by any foreigner of any category as provided in the Citizenship Act, 1955, is very much operational and the CAA does not amend or alter this legal position in any manner whatsoever.”

The Constitution has special provisions under the Sixth Schedule granting protection to the tribal and indigenous people of the Northeastern region. The CAA has excluded Sixth Schedule areas and those covered by the Inner Line Permit system under the Bengal Eastern Frontier Regulation, 1873. Hence, the CAA does not affect the protection granted by the Constitution to indigenous population of the Northeastern states.

As an aid to those lacking the needed paperwork, the Centre can accept any valid or expired foreign passport, driving licence, school certificates, identity documents, land or tenancy records or valid stay documents from Afghanistan, Bangladesh and Pakistan. These could also be beyond their validity dates. The law facilitates citizenship for those exempted by the central government by Clause (c) of Sub-section (2) of Section 3 of the Passport (Entry into India) Act, 1920, or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made there under.

Certificates or residence permits issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India are also valid. Those who migrated to India or married an Indian national or those whose parents lived in India before partition are also covered under the CAA.

Those who apply should have been in India continuously for 12 months and should provide the addresses of where they have stayed for the last 14 years.

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