The Bill has turned controversial because it leaves out Muslim refugees. The amendment to the Citizenship Act 1955 will make refugees who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship and simultaneously relax the terms of naturalised citizenship, from the original 14 years to six years. This means that any person who belongs to these six religions and these three countries, and has resided in India for six years can apply for citizenship.
The contents of the Bill are not new as this has been on the government’s agenda for the past two years, and was a poll campaign promise in 2014 and 2019. The only reason the Bill did not get to Parliament earlier is because of protests from the Opposition that has described the Bill as unconstitutional, arguing that it violates the preamble to the Constitution that guarantees a secular India, by keeping Muslim refugees out. The ruling side argues that most fears are unfounded as three of India’s neighbours are Islamic nations and it is the non-Muslims, and not Muslims, who are at the receiving end of religious persecution there.
The debate, however, does not end there, as the opposition points out that citizenship cannot be determined by or linked to religion, and this is where the secular principles enshrined in the Constitution are quoted, with the opposition saying it targes Muslims. Critics of the bill, state that this is a violation of Article 14 of the Constitution which guarantees the right to equality. The other big question is what happens to those refugees who do not come under any of these religions, and are residing in India. That remains unanswered for the present, and it is this that has had not just political opposition parties slaying the Bill, but large sections of the people in the Northeast, who claim that this will nullify the provisions of the Assam Accord of 1985, which fixed March 24, 1971 as the cut-off date for deportation of all illegal immigrants irrespective of religion.
With the approval of the cabinet for the Bill, the next step would be to get it introduced in Parliament and passed, which is expected to happen in the coming week, as this time the government appears determined to get the Bill passed in the current session, before it ends next week. A whip has been issued to the BJP MPs to remain present in Parliament when the Bill is put to vote. Though the BJP has the numbers in the Lok Sabha to get the Bill through, getting it passed in the Rajya Sabha, where it is in a minority, may be a shade trickier for the NDA government.
The debate in Parliament when the Bill is introduced is naturally expected to be vociferous, but politically, this will see some shifts in alliances in the Lok Sabha. This is the first test for the Shiv Sena that has now detached itself from the ruling NDA, and reports say that it has assured its new allies – Congress in particular – that its MPs will oppose the bill when it comes up for voting in Parliament. That gives the opposition a few extra votes in the upper House, but much will depend on how the opposition can manage its numbers in both Houses of Parliament. In August the NDA managed to repeal Section 370 of the Constitution. A point to be seen is whether the opposition, after censuring the bill, is able to unify to stall its passage.
