From inclusion to exclusion: Legal and global dimensions of the Citizenship Amendment Act and National Register of Citizens debate in India

Abstract

India’s Citizenship Act of 1955 was originally rooted in secular and territorial principles. The Citizenship Amendment Act (CAA) of 2019 and the proposed National Register of Citizens (NRC), however, mark a shift toward religiously selective criteria. The CAA introduces religion as a basis for naturalisation, granting expedited citizenship to non-Muslim refugees from Pakistan, Afghanistan, and Bangladesh while explicitly excluding Muslims. Simultaneously, the NRC seeks to verify citizenship status through documentation, disproportionately impacting marginalised communities, particularly those unable to furnish legal records. The CAA and proposed NRC were framed as efforts to protect national identity, especially in Assam, where anti-immigrant sentiments demanded stricter verification. Together, these policies raise concerns about secularism, legal equality, and potential mass disenfranchisement. This paper critically examines the constitutional validity of the CAA-NRC framework, analysing its implications for India’s secular identity under Articles 14 and 15 of the Indian Constitution. By drawing comparisons with historical precedents in Myanmar, Israel, and Sri Lanka, the study highlights how exclusionary citizenship policies contribute to systemic discrimination, statelessness, and long-term socio-political instability. Cases from Myanmar, Israel, and Sri Lanka serve as cautionary parallels, illustrating the dangers of embedding religious or ethnic exclusions into citizenship laws.