Step 1: Bill is proposed

Step 2: Debated, altered, passed

Step 3: Signed by the President and turned into an Act

Step 4: Published in the Gazette of India — CAA is as of now at this stage

Step 5: Notified

Between CAB and CAA, 2019, there may be important alterations that I am not equipped to understand. I invite you to read through the Gazette copy and help me see differences.

in the Citizenship Amendment Act of 2019 on www.egazette.nic.in

Why are people protesting?

1. Constitutional considerations

Articles 14-18 (equality rights) in Part III of the Indian Constitution on www.india.gov.in

Wikipedia entry for Article 14

Article 14 lays the foundation for rule of law in India by stating that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This applies to all legal citizens as well as migrants and foreigners. It also acknowledges that inherent inequalities exist in a society and the state must work towards bridging the gap. But whether CAA violates Article 14 is now upto to the Supreme Court to decide.

For:

Citizenship (Amendment) Bill 2019 on www.prsindia.org in Dec 2019: The CAB does not make ‘reasonable classification’ because it does not clarify the following:

(i) Countries chosen: Pakistan and Bangladesh have been included because they were parts of undivided (British) India, but Afghanistan wasn’t. And India shares a direct land boundary with Myanmar, Bhutan, China, and Nepal. But these countries have not been named.

(ii) Communities chosen: Ahmadiyyas in Pakistan, Rohingyas in Myanmar, Tamils in Sri Lanka (including those who live in Indian refugee camps) have been internationally recognized as minorities facing religious persecution in the subcontinent, but have not been named.

Against:

Why CAA does not violate Article 14 on www.opindia.com in Dec 2019:

There are several sections of the constitution that make space for asymmetry or inequality before law. This includes civil code and marriage laws. CAA is not unique in that regard.

Right to Equality: Citizenship Act Passes Twin Test of Article 14 of Constitution on www.news18.com in Dec 2019:

(i) The Act is inclusive, not exclusive, as it does not make it illegal for Muslims from these countries to apply for citizenship.

(ii) About Muslims facing persecution — “such questions fall under the sphere of policy decision and are not the subject of Article 14 of the Constitution.”