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

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

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