Citizenship and Constitutional Validity of Citizenship (Amendment) Act, 2019

Abstract

This paper attempts to understand the concept of citizenship and thereafter the constitutional validity of Citizenship (Amendment) Act, 2019 (CAA 2019) by delving into the history behind the need of CAA 2019 followed by the overview of Act of 1955 and Act of 2019. For which the legal provisions enshrining the power of parliament to make laws in respect of citizenship will be studied. Before diving into the CAA 2019, the background of Citizenship Act, 1955 and the important amendments made under this will be studied that laid the paradigm shift in the definition of Section 3 of Citizenship Act, 1955. It will attempt to understand the strategic changes made by the legislature from year 2000 till 2004 and in year 2014 and 2016. Further, the Bill of 2016 will be dealt that how it failed and what recommendations were suggested. It will be followed up by the Act of 2019 along with issues raise under this act. This paper will examine the status of revolting states of India against this Act. It will further examine the constitutional validity of the act on the grounds of equality, secularism. Furthermore, paper tries to examine the controversy that whether Act is inclusive or not as per the Indian Constitution.