CAA Full Form, Implementation, Required Documents

CAA Full Form: The Full Form of CAA is Citizenship Amendment Act. The Citizenship Act, of 1955, is amended by the Citizenship (Amendment) Act, 2019 (henceforth referred to as the “CAA”) to provide a route to Indian citizenship for a specific group of undocumented migrants.

The CAA, 2019 bill aims to grant citizenship to undocumented migrants from Afghanistan, Pakistan, and Bangladesh who identify as Hindu, Sikh, Buddhist, Jains, Parsis, or Christians. Certain regions in the northeast are exempt from this clause.

Additionally, the Bill amends provisions pertaining to OCI cardholders. If a foreigner is of Indian descent (such as a former Indian citizen or their descendants) or the spouse of someone of Indian descent, they may register as an OCI under the 1955 Act.

They will be eligible for advantages like the ability to visit India and work and study there. The Bill modifies the Act to permit OCI registration to be canceled in the event that an individual has broken any laws that the central government has notified them of.

What is CAA Full Form – Citizenship Amendment Act Overview

The CAA, 2019, is an amendment to India’s citizenship law. It was passed by the Parliament to provide a fast-track citizenship process for certain persecuted minorities from three neighboring countries. Here is an overview of CAA.

What is the Citizenship Amendment Act, 2019?

The Citizenship Act of 1955 and Articles 5–11 of the Indian Constitution served as the foundation for the country’s citizenship laws. Provisions for citizenship by birth, descent, registration, and naturalization were included in this Act.

The CAA will grant citizenship to illegal migrants who are Hindu, Sikh, Jain, Buddhist, Parsi, and Christian from Buddhist, Afghanistan and Bangladesh. The MHA recently announced the CAA Rules, 2024, which put the CAA of 2019 into effect.

CAA Full Form: Mechanism for Implementation of CAA Rules

The MHA (Ministry of Home Affairs) has tasked the Union government’s postal department & census officials with handling citizenship applications under the CAA.

Background verification will be carried out by central intelligence agencies, including the Intelligence Bureau (IB).

The final approval of applications will rest with empowered committees, led by the Director (Census Operations) in each state.

These committees will be composed of officers from multiple departments such as:

• The Intelligence Bureau
• Post Master General
• National or State Informatics Centre
• Divisional Railway Manager
• Representatives from the State Home Department

At the district level, committees headed by the Superintendent of the Department of Posts will carry out the preliminary review of applications. A representative from the District Collector’s Office will also be present as an invitee.

The District Level Committees (DLCs) will first receive and process the applications.
The Empowered Committee, chaired by the Director (Census Operations), will take the final call on granting citizenship. This framework centralizes the process and excludes state government involvement.

CAA Basic Eligibility Criteria

The Citizenship Amendment Act, 2019, allows specific religious minorities who have faced or continue to face religious persecution, torture, or imprisonment in neighbouring countries to secure Indian citizenship.

To eliminate confusion as to how to implement the Act, the Government of India defined eligibility conditions. Eligibility conditions are criteria used to determine who has the authority to apply for citizenship under this act:

• Be a national of Pakistan, Afghanistan, or Bangladesh.
• Belong to one of the six eligible religious communities listed earlier.
• Have entered India on or before 2014 December 31.
• Be exempted from being considered an illegal migrant under the Passport Act or Foreigners Act by government notification.

CAA Online Application Process

The application process for citizenship under the CAA was established by Section 6B of the Citizenship Act of 1955. To be eligible for Indian citizenship, applicants must provide documentation of their nation of birth, religion, date of arrival in India, and proficiency in an Indian language.

The citizenship application under CAA is to be submitted online, and the following digital uploads are required:

Documents

• Affidavit in the prescribed format
• Foreign passport (if available)
• Residential permit (if available)
• Documents from Annexure 1 and 2
• Birth certificate of parents (for lineage proof)
• Marriage certificate (if applying through spouse)
• OCI card certificate (if applicable)

Image Upload

• Passport-sized photo: 100 x 120 pixels (Max 20 KB, JPG format)
• Signature: Same dimension and size limit

CAA Naturalisation Conditions under Section 6B

For those applying under naturalisation, the following must be satisfied:

• Must have lived in India continuously for 12 months before applying.
• Must have lived in India for at least 5 years (in total) in the last 14 years.
• Must be of good character.
• Must know any one Indian languages listed in the Eighth Schedule of the Constitution.

CAA Required Documents (as per Annexures)

Candidates must complete an online application, submit the necessary files, and pay a 50-rupee fee. Three sets of documents are needed to complete the application.

1. Evidence of nationality and religious identity from Bangladesh, Afghanistan and Pakistan, such as Government ID cards, birth certificates, and passports
2. Government officials in these nations issue licenses, land records, and school certificates.
3. Evidence of arrival in India on or before December 31, 2014, including: Visa, Ration card, immigration stamp, and registration documents
4. IDs issued by the government, job records, utility bills, and Indian school certificates
5. An affidavit stating the applicant’s nationality and religion that was sworn before a judge or executive magistrate.
6. Depending on the category under which the applicant is seeking citizenship, additional documents, such as a marriage certificate or the birth certificates of both parents, may be required.
7. Before a final decision is made, committees at the state and district levels will review the applications. Candidates must bring their original documentation to the in-person verification.
8. Digital certificates of registration will be sent to approved applicants, though hard copies are available upon request. The applicant’s citizenship will take effect on the day they initially arrived in India.

Citizenship Amendment Rules, 2024

The Ministry of Home Affairs has announced the Citizenship Amendment Rules, 2024, which would allow the Citizenship Amendment Act 2019 to be implemented, albeit more than four years after it was first proposed. Important clauses are:

• The procedure: In order to be eligible for citizenship, eligible refugees must submit applications along with character vouchers from Indian citizens, affidavits verifying statements, and a declaration of familiarity with a scheduled Indian language.
• E-application to the committee at the district level: According to the regulations, applications must be submitted electronically to a district-level committee for oath of allegiance administration and document verification. After the district committee reviews the application, the empowered committee may reject it if the applicant does not show up in person.
• Documents supporting this: To support their citizenship application, applicants must provide a passport, birth certificate, identity documents, land records, or evidence of ancestry from Bangladesh, Pakistan, or Afghanistan.
• Verification of entry date: Before December 31, 2014, applicants must present proof of entry using the 20 documents listed, which include FRRO registration, census slips, government identification (Aadhaar, ration card, license), Indian marriage certificates, and more.
• Digital certificate: A certificate of digital citizenship will be awarded to those who are accepted.

Impacts of the Citizenship Amendment Act, 2019

The 2019 CAA has had a wide range of effects and consequences, igniting discussions and worries throughout India. Critics contend that the Act violates Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Indian Constitution by discriminating against people based on their religion (Bhat, 2019).

According to Bhat (2019), certain Indian residents will be disadvantaged by the CAA’s implementation because of their national origin and religious identity. He also notes that CAA will make it possible for illegal non-Muslim migrants to apply for citizenship. However, the same will not be available to the Muslim residents.

The passing of the act triggered various protests and criticisms. Violent protests were reported in Assam, where protestors said that the new provisions of the act go against previous agreements, such as the Assam Accord, and would lead to a “loss of political rights and culture”.

CAA Full Form FAQs

What is the entire CAA amendment?

According to the Citizenship Amendment Act 2019, certain illegal immigrant groups that met the requirements of the Citizenship Act of 1955 are now qualified to apply for Indian citizenship.

What is the CAA citizenship law?

The Act gave persecuted minorities expedited eligibility for Indian citizenship by amending the Citizenship Act of 1955.

What are the major concerns or criticisms of the CAA?

Some of the main drawbacks or concerns include: It is seen as discriminatory for excluding Muslims. Critics say it violates secular values of the Constitution. There are fears that it could be misused along with NRC (National Register of Citizens). It has led to protests and confusion among citizens, especially in border states.

When did the Citizenship Amendment Act officially come into effect?

The Citizenship Amendment Act was passed by the Indian Parliament on 11th December 2019 and received Presidential approval on 12th December 2019. It officially came into force on 10th January 2020.

Does the CAA violate the Right to Life under Article 21 of the Constitution?

No, the CAA does not directly violate Article 21, which ensures the right to life and liberty. However, some critics believe it may go against the spirit of equality and fairness in the Constitution because it excludes certain religious groups.