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The citizenship amendment act is the limited 
amendment, that is been undertaken to the 
legislation

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For the specific reason of vesting citizenship 
or undertaking the process of nationalization

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To persecuted minorities in three specific 
countries namely , Pakistan, Afghanistan 
and Bangladesh

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There is a specific cut off date that has 
been identified in this particular amendment 
legislation

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Which is the that those people who have entered 
India before the 31st Dec 2014 are meant 
to be the beneficiaries of this specific 
amendment

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Contrary to the popular prescription it does 
not introduce religious criteria into the 
fundamentals of the citizenship act

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It uses this criteria specifically in the 
context of the three countries which has 
been identified for identifying who amounts 
to a persecuted minority community

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The framing of the entire issue as an exclusion 
of Muslims is a fundamentally Fauld issue

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This is not about exclusion of Muslims or 
any community what’s so ever

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The object of this particular amendment is 
simple, specific and limited. Which is the 
inclusion of those people who amount to persecuted 
minorities in these three countries

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Point one to be noted in act is that there 
is no reference what’s so ever to exclusion 
of Muslims even in these countries,however 
 The distinction that is sort is this

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Indujaval citizenship vs recognition of a 
group entitled to citizenship

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This particular act identify three groups 
and does not take the right of any indujaval 
Muslims from any of these three countries 
from applying for citizenship, Asylum or 
Refuge under Indian laws

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Therefore this is not an act for exclusion.This 
is an act for inclusion, that is the primary 
distinction

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The Media has gone on and on about the legislation 
as an instrumentality  of exclusion, this 
has got nothing to do with exclusion what’s 
so ever

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Historically these three countries have had 
significant Indic population coupled with 
Non-Muslim populations

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And , there is always been a question of 
what is that India is supposed to do , does 
it owe any duties to those populations which 
suffered from any kind of persecutions, specifically 
religious persecutions in these three countries

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Infact , one of the most important document 
is Nehru Liaquat pact of 1950 . Where both 
the countries have given each other an assurance 
that the religious minorities of the respected 
countries be taken care of and their rights 
will be protected

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The premise of this pact is known as critical 
hostage theory, which is religious minorities 
in both these countries shall act as hostages 
to the other country for the purpose of ensuring 
that their religious minorities are protected

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For Instance , If Muslims in India are to 
be protected and treated at par with other 
citizens, then Pakistan wanted to retain 
a set of Non-Muslims in Pakistan so that 
it is in a position of bargain for the safe 
and equal treatment of Muslims in India and 
Vice versa

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As for as undivided India is concerned prior 
to the partition of the countries they were 
all part of the subcontinent, They were all 
part of undivided India

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Therefore, India as a constitutional and 
civilizational obligation to the persecuted 
minorities and it is a fact that prior to 
1971 the population of Non- Muslims in undivided 
Pakistan was 23%

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Which fell to 3% in Pakistan and 20% in Bangladesh 
post the partition and subsequently the number 
has only dwindled

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So , when the argument made that it has increased 
from 1.6% to 1.85% , that is the population 
of Hindus in Pakistan, they forget that it 
has fallen from 3% to 1.85%

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Similarly in Bangladesh it has come down 
from 20 % to 10.7% if my memory serves me 
right

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Therefore there are only three ways in which 
this population has vanished. One , they 
have run away from Pakistan or Bangladesh 
to some other part of the world, which includes 
India

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Or they have been subsumed in the population 
loosing their Non-Muslim identity, which 
means that they have been converted

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Three, they have been Killed , these are 
the only options possible to the best of 
my understanding

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No other option explains the radical and 
revolutionary decline of these figures in 
both these countries

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That takes us to question of Afghanistan

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Ever since ugly Talibanization reared its 
head in Afghanistan, it is a fact that it 
is the radical Islamic regime ever known 
in the history of the world, perhaps according 
to me was the predecessor of Islamic State

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And that particular regime made it a point 
to go after everyone who did not subscribe 
not just to Islam but also their version 
of Islam

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That is one of the reason when Afgan where 
fleeing their countries India decided to 
open their doors both to Muslim as well as 
Non-Muslims. Question that can be asked is 
why does the logic apply to Ahamadias and 
Sihas in Pakistan

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The argument cannot loose sight of historical 
backdrop that regardless of the sectarian 
violence within Pakistan each of these Muslim 
sects have had a specific hatred for Non-Muslims 
specifically for Idol worship such as Hindus

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Therefore there is no point in equating Ahamadias, 
Sihas, Sufi’s of Pakistan with the Afgan’s 
fleeing from Taliban

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Point no two is legitimate right India must 
ask is would bringing in population from 
any other country endanger significant portion 
of Indian population

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Therefore Ahamadia’s , Shias or Sufi’s or 
anybody else who subscribe to Pakistan version 
of Islam, if they come to India with that 
particular animus they post a threat to 80% 
of the population at the very least

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Significant Indian Muslim has problem with 
Bangladesh Muslim as well , because they 
are taking away their jobs as well

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Therefore monolithic approach to this discussion 
is stupid and ignorant of the basic facts

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The only constitutional argument that has 
been used in this entire debate is that of 
Article14

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If Article 14 is to be interpreted in the 
manner in it actually reads before we apply 
for the question of citizenship ,  is to 
render a thousand different scheme which 
bestow special treatment, preferential treatment, 
different treatment to minorities unconstitutional 
point one

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Point no two perhaps, constitutional law 
should not be the preserve of constitutional 
experts anyone and everyone can sit and interpret 
the constitution basically by reading its 
provision , I don’t think that’s how it works

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Three, Article 14 uses and applies the concept 
of equality by identifying which group are 
you applying the test of equality , therefore 
it the question of the smaple

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If there are similarly placed people are 
you treating them on par with each other 
is test of equality , not treating un equals 
equally

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The motivation behind the persecution of 
Ahamadias or Shihas in Pakistan is not the 
motivation of persecution of Non-Muslim minorities 
in Pakistan or Afganistan one has sectarian 
basis and other religious basis

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This amounts to reasonable classification 
for the purposes of Article 14 .because , 
it does not suffer from over inclusion, under 
inclusion. It specifically address to target 
audience which has been selected on the basis 
of Identifying metrics

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Which is to say , who amounts to religious 
minority in Pakistan and is that particular 
minority being persecuted on religious basis

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That’s take you to the question , What about 
Jews in Pakistan? But , are there any Jews 
left in Pakistan?

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Hence the Argument does not hold water. Assuming 
for the moment this amendment does not include 
the Christian minorities of Pakistan then 
perhaps the question could have been raised

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Even then one thing people have not taken 
note of , that is people have not read the 
amendment act

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Amendment act specifically says under sec6(b) 
Even in granting citizenship to persecuted 
minorities of these countries in India , 
Enhanced obligation can be imposed on them 
in the grant of the citizenship even after 
they become citizens

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Some citizens who are refugee turned citizens 
cannot be treated at par with other citizens, 
because they have undergone the process of 
naturalization

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What is the guarantee person coming to India 
is truly a Hindu , Sikh, Jain , Buddhist 
, Christian? How do we know that for a fact 
?

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Therefore , if they have lied in seeking 
enter to India and that lie is detected in 
later point of time , then India can prosecute 
them

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Until they have settled in this country , 
Until authorities have had the opportunity 
to monitor the activities in this country 
they shall continue to be in the radar of 
the government. There fore these enhanced 
obligation are enforced.

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Nobody has highlighted this fact , If Article 
14 logic has to be applied there cannot be 
enhanced obligation applied on them

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Article 14 cannot be the ground for the challenge 
to this legislation

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Question we have to ask is , What is the 
legal position that applied to the grant 
of citizenship under the Indian constitution 
, which are the legislation one is supposed 
to look at

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Artcle 14 is not the provision that deals 
with the citizenship, it falls under part 
three. Part two of the constitution Article 
five to eleven are the specific provision 
that deals with citizenship

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Question of citizenship is not addressed 
entirely under constitution. Article 11 says 
grant of citizenship shall be subject to 
any further law the parliament may pass in 
this particular regard

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Hence , states have no other option but to 
follow rule or law which is laid down by 
the parliament in this regard

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Law in question becomes the Citizenship act 
, Article 5 – 11 must be read along with 
citizenship act of 1955 coupled with foreigners 
act of 1946

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Article 14 applies to non-citizens as well. 
In interpreting article 14 to non -citizens 
you have to take into account the other specific 
provisions that deal with the question of 
citizenship

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General principle in law is that if there 
is a general provision or a specific provision, 
that provision which has the closest proximal 
relationship with the issue must be looked 
at

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Therefore the provisions would be Article 
5-11 read along with citizenship act 1955 
and foreigners act 1946 and not the Article 
14

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When the constitution has given the power 
parliament to pass the legislation it also 
means that so long the parliament passes 
the legislation which does not militate the 
spirit of  Article 5-11 that particular amendment 
under the citizenship act must be taken constitutional 
under citizenship act

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If government undertake nationwide NRC, Muslims 
stands excluded from the exercise because 
of the product of that exercise and Hindus 
also stands excluded apparently , Citizenship 
amendment bill will protect only Hindus not 
Muslims

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This as no basis, as CAA 2019 is not broad 
enough to encompass all those Hindus who 
may or may not be excluded by the nation 
wide NRC

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Therefore  , Linking NRC and CAB has no basis

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Those media agencies who have indulged in 
fear mongering , having complete knowledge 
of this structure should be taken to task 
at the very least

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Situation that is facing us today and the 
riot on the street we are seeing is not the 
consequence of the legislation, but because 
of the fear mongering that is being indulged

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Media had an obligation to inform people, 
but they have indulged in rumour mongering