The CAA, which was passed on December 12, 2019, amends Section 2 of the Citizenship Act of 1955 which defines “illegal migrants”.
It added a new proviso to Section 2(1)(b) of the Citizenship Act . As per the same, persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan, and who have been exempted by the Central government under the Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, shall not be treated as “illegal migrant”. Consequently, such persons shall be eligible to apply for citizenship under the 1955 Act.
The CAA specifically excluded the Muslim community from the proviso, triggering protests across the country and a slew of petitions were filed in the Supreme Court.
The petitioners challenging the law have submitted that the CAA discriminates against Muslims on the basis of religion. Such religious segregation is without any reasonable differentiation and violates right to quality under Article 14, it has been contended.
Amid nationwide protests against the legislation, the Supreme Court in January 2020 had issued notice in a batch of over 140 petitions, without staying the Act.
The Court had later hinted that the matter may be heard by a Constitution Bench, but no order was passed to that effect.
Source: Barandbench
