Constitutionality of CAA/NRP/NRC

INTRODUCTION

While the whole of India is engaged in massive uprisings and protests against the passing of
Citizenship Amendment Act (CAA), 2019, many people still does not have any idea as to how
the passing of CAA or implementation of National Population Register (NPR) and National
Register of Indian Citizens will be a problematic to India. The Government claims that CAA is
not related to NPR and NRC. But is it the truth as all the three within the structure of Citizenship
Amendment Act, 1955. CAA is already implemented and if NPR is exercised along with NRC in
nationwide, the effect of it on the country will be disastrous both economically and
constitutionally.

Constitutional Validity of CAA/NPR/NRC

Our founding fathers have drafted the constitution to make an Ideal India. The Preamble of the
Constitution includes concepts of Sovereign, Socialist, Secular, Democratic, Republic, Justice,
Liberty, Equality and Fraternity. So in the light of context of the Preamble the question arise,”Is
the Implementation of CAA constitutionally valid?” The United Nations High Commissioner for
Human Rights itself has stated that the act is fundamentally discriminatory in nature and
undermines the commitment to equality before the law. The Act is itself against the articles 5,
10, 14 and 15 of the Indian Constitution. Moreover there are no specific guidelines on what basis
and documents the refugees will be granted citizenship. Many people do not even have the
proper documentation about their citizenship. The Act also excludes the Muslim refugees to
grant citizenship and includes only the refugees of some countries which are stated.
 CAA is followed by NPR and NRC. The NPR and NRC finds place in the Citizenship
Amendment Act, 1955 and Citizenship Rules 2003 which makes it a law. Section 14A of the
Citizenship Act states that the Central Government may compulsorily register every citizen of
India and issue a national identity card to him. Further the same section states that the Central
Government of may maintain a National Register of Indian Citizens and for that purpose
establish a National Registration Authority. NPR is similar to census which will include all
persons residing in India whether they are citizens or not. Citizenship Rule 4, 2003 states that the
Central Government for the purpose of NRC will carry out information from house to house in
every locality. Then the local registers will be combined so as to form a Sub-District, District,
State and NPR. It can be said that NPR is prelude and must for a NRC. NPR will also categorize
locally the Doubtful Citizens but what will be the qualifications or criterion for selecting these
persons is not provided.

Conclusion

Thus in light of the above context it can be said that CAA is not constitutionally valid. Even if
there is presumption that CAA is constitutional but the nature and character of the Act is
discriminatory. The Government has also implemented the Act going against the public. There
are no proper guidelines or provisions as to how will the NRC or NPR will be implemented
nationwide properly. Moreover more than 60 petitions lies in the court regarding the
constitutional status of the Act.