Citizenship Amendment Act 2019: Socio-Psycho-Legal Complexities and Way Forward

The current study focuses on different psycho-legal aspects of the acquisition of citizenship in India after independence in 1947. It has discussed different ways to obtain citizenship under the Citizenship Act, 1955 with consecutive amendments in 1986, 1992, 2003, 2005, and 2019. The major focus of this article is to discuss the psychological impact of the legality and constitutionality of the Citizenship Amendment Act, 2019, which has introduced swift changes in the acquisition of citizenship, in Indian society as a whole. The author has critically examined its provisions for citizenship for a broad category of illegal migrants from Hindu, Sikh, Jain, Parsis, Buddha, and Christian communities from Pakistan, Afghanistan, and Bangladesh, who entered India before December 2014. In the light of the psychosocial reality of the right to equality, ‘reasonable and just classification’ for affirmative treatment to a special class, the doctrine of the basic structure of the constitution, Universal Declaration of Human Rights etc. the pro- and against-CAA,2019 views are evaluated. In the end author has suggested an open-minded and accommodative approach at national level and proactive diplomacy at international level for preserving IDEA OF INDIA as enshrined in the Indian Constitution.

Keywords:
Citizenship Act, Fundamental Right to Equality, Reasonable Classification, Basic Structure of Indian Constitution, Universal Declaration of Human Rights