Another attempt at passing a controversial bill
The Citizenship (Amendment) Bill, 2019, is likely to be tabled in Parliament next week after the Union Cabinet cleared it on Wednesday. The Bill was first introduced and passed by Lok Sabha in 2016 but it lapsed when it did not garner support in Rajya Sabha. The BJP-led government made another attempt to bring the Bill earlier this year. It was again passed by the Lower House but the government did not attempt to get it passed by Rajya Sabha, perhaps fearing a negative fallout in the April-May general elections. But having returned to power with a renewed and bigger mandate, the government appears ready to make another attempt at passing the controversial Bill.
What makes the Bill contentious is that it seeks to discriminate the grant of citizenship on the basis of religion. While all Hindus, Sikhs, Jains, Buddhists, Parsis and Christians who migrated to India on or before December 31, 2014, from Pakistan, Bangladesh and Afghanistan will be eligible for citizenship, Muslims will not get that privilege.
Those opposed to the Bill say this goes against the secular principles and the basic idea of India, which is non-discriminatory and inclusive in nature. The Bill also, on the face of it, is violative of the fundamental right to equality guaranteed under Article 14 of the Constitution as it singles out the Muslim community from grant of citizenship.
The Bill is facing major opposition in the Northeast. This is understandable as the region, particularly Assam, has faced the brunt of illegal immigration since Independence, putting a huge burden on land and scarce natural resources. The Bill also appears to be at cross-purposes with the Assam Accord of 1985 and the National Register of Citizens.
The cut-off date in the accord for the detection and deportation of illegal immigrants is March 24, 1971 while the Bill seeks to give citizenship to those, except Muslims, who entered India till December 31, 2014. Even if the Bill were to be passed by Parliament as some opposition parties are likely to support it, the proposed legislation could face legal hurdles.