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  • Citizenship Amendment Act: Legal issues and status of judicial proceedings

    Why in the news? 

    • The Ministry of Home Affairs notified the rules to implement the CAA, which fast-tracks citizenship for non-Muslim immigrants from neighbouring countries. Despite delays, the Act faces challenges in the Supreme Court.

    Context

    • Petitions challenge the CAA’s constitutionality, arguing it violates Article 14 by making religion a qualifier for citizenship.
    • Petitions seek a stay on the recently notified rules, criticizing the bypassing of tiered scrutiny for citizenship applications and the government’s decision to implement rules before a final court decision.

    About Citizenship Amendment Act 2019:

    • Origin- The citizenship laws in India find their roots in the constitution through Articles 5-11 and the Citizenship Act of 1955. This legislation outlines provisions for acquiring citizenship through birth, descent, registration, and naturalization.
    • Changes as per CAA 2019– It revised the Citizenship Act of 1955 to grant eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan.

    Citizenship Amendment Rules, 2024:

    Despite a delay of over four years, the Ministry of Home Affairs has officially issued the Citizenship Amendment Rules, 2024, facilitating the implementation of the Citizenship Amendment Act 2019.

    The key provisions include:

    • Application Process: Eligible refugees are required to submit applications accompanied by affidavits verifying statements, character references from Indian citizens, and a declaration of proficiency in a designated Indian language for citizenship.
    • E-Application to District-Level Committee: The rules stipulate that applications must be submitted electronically to a district-level committee for verification of documents and administration of the oath of allegiance. Failure to appear in person may result in rejection of the application by the empowered committee following review by the district committee.
    • Supporting Documentation: Applicants are mandated to provide supporting documents such as passports, birth certificates, identity papers, land records, or evidence of ancestry from Pakistan, Afghanistan, or Bangladesh to substantiate their citizenship claims.
    • Verification of Entry Date: Applicants must furnish evidence of entry before December 31, 2014, through one of the 20 specified documents, including FRRO registration, Census slips, government-issued IDs (such as Aadhaar, ration card, driver’s license), or marriage certificates issued in India.

     

    What are the implications of CAA?

    • Potential Impact on Muslims: The CAA, when combined with the proposed National Register of Indian Citizens (NRIC), has the potential to disproportionately affect Muslims residing in India. Non-Muslims may have an opportunity to obtain citizenship through the CAA, while Muslims may be denied this opportunity.
    • Exclusion from NRIC: In the event of people being excluded from the NRIC, non-Muslims may have a pathway to inclusion through the CAA, while Muslims may face barriers. The Supreme Court-monitored NRC exercise in Assam in 2021 left over 19 lakh people from the citizenship register, raising concerns about exclusion and discrimination.
    • Executive Order and Implementation: The Union government issued an order granting District Collectors in five states with high migrant populations the power to grant citizenship to groups identified in the CAA amendment. However, there were allegations that this order was a tactic to implement the CAA, which the government denied.
    • Relaxation of Citizenship Criteria: The newly notified rules under the CAA have eased the process of granting Indian citizenship to members of specified communities by excluding the requirement of a valid passport or visa. Instead, documents showing ancestry from designated countries are deemed sufficient.
    • Constitutional Challenges: The constitutionality of the CAA has been challenged in court, with petitions arguing that the law violates Article 14 of the Constitution by making religion a qualifier for citizenship.
    • Impact on Assam Accord: The CAA has been criticized as undermining the Assam Accord of 1985, which does not differentiate on grounds of religion and deems any person who cannot prove ancestry beyond March 24, 1971, as an alien. Petitions contend that the law may lead to an increase in the influx of illegal migrants from Bangladesh to Assam.

    How has the Supreme Court responded? (Judicial Stand)

    • December 2019: The Supreme Court, led by former Chief Justice of India (CJI) S.A. Bobde, refused to stay the operation of the CAA. Instead, the court suggested that the government should publicize the actual intent of the Act.
      • A similar plea for a stay was rejected by the court on January 22, 2020, with the court emphasizing the need to hear the government’s perspective first.
    • October 2022: A Bench led by former CJI U.U. Lalit ordered that final hearings in the case would commence on December 6, 2022.
      • However, since then, the case has not been listed. According to the Supreme Court’s website, the petitions are currently before a Bench headed by Justice Pankaj Mithal.

    What is the significance of the challenge to Section 6A?

    • Dependence on Assam Accord: Section 6A was introduced in furtherance of the Assam Accord, a Memorandum of Settlement signed in 1985 to resolve issues related to immigration in Assam.
      • Therefore, the challenge to Section 6A is intricately linked to the implementation and interpretation of the Assam Accord.
    • Legal Implications: The challenges against Section 6A of the Citizenship Act and the CAA raise significant legal questions regarding their constitutionality and compatibility with existing laws and agreements.
      • These legal challenges highlight the need for clarity and consistency in India’s citizenship laws.
    • Interpretation of Assam Accord: Section 6A of the Citizenship Act, introduced by the Assam Accord of 1985, establishes March 24, 1971, as the cut-off date for determining citizenship in Assam.
      • The challenges against this provision and the CAA raise questions about the interpretation and implementation of the Assam Accord, which aimed to resolve issues related to immigration in Assam.

     

    Why are petitioners seeking a stay on the rules?

    • Changes in Scrutiny Process: The rules have reportedly eliminated the tiered scrutiny process of applications for citizenship by District Collectors.
      • Previously, District Collectors scrutinized applications, and state governments provided recommendations on granting citizenship. The removal of this scrutiny process is a concern for the petitioners.
    • Timing of their implementation: The petitioners highlight that the government had previously avoided a push for a stay on the Citizenship Amendment Act (CAA) in the Supreme Court five years ago by arguing that the rules for implementation had not been framed.
      • Now, with the rules in place, the petitioners question the timing of their implementation.
    • Pending Decision from Supreme Court: The petitioners argue that the government should have awaited a final decision from the Supreme Court regarding the constitutionality of the CAA before implementing the rules.
      • They suggest that implementing the rules without a definitive ruling from the court could preempt its decision-making process.

    Conclusion:

    • Implementing the Citizenship Amendment Act and its accompanying rules faces legal challenges and societal implications.
    • Moving forward, ensuring fairness, inclusivity, and adherence to constitutional principles will be vital in resolving the complexities surrounding citizenship laws in India.

  • Mapping: Darien Gap

    darien gap

    Why in the news:

    • Much of the discussion over illegal immigration to the US has in recent weeks moved its focus south to the Darien Gap.

    What is Darien Gap?

    • The Darien Gap spans northern Colombia and Southern Panama, covering approximately 97 km of dense jungle terrain.
    • It is situated in the narrowest part of the Isthmus of Panama, connecting North America to South America.
    • It covers an area of approximately 41,440 square km.
    • The landscape is characterized by dense rainforests, swamps, rivers, and rugged mountains.
    • It is one of the most biologically diverse regions on Earth, home to a wide array of plant and animal species, including jaguars, pumas, tapirs, and numerous bird species.

    Why in the news?

    Ans. Surge in Illegal Crossings

    • Escalating Numbers: In 2021, the Panamanian government recorded a staggering 133,000 crossings, with over half a million individuals transiting through the region in 2023.
    • Root Causes: Violence, insecurity, and limited legal immigration options in home countries propel individuals, including Venezuelans, Haitians, and Afghans, to undertake the perilous journey.

    Try this PYQ from CSE Prelims 2015:

    The area known as ‘Golan Heights’ sometimes appears in the news in the context of the events is related to:

    (a) Central Asia

    (b) Middle East

    (c) South-East Asia

    (d) Central Africa

  • RBI may move some NBFCs to Top Layer this year

    In the news

    • Nearly two years after introducing a revised regulatory framework for non-banking finance companies (NBFCs), the Reserve Bank of India is set to review the categorisation of NBFCs in 2024.
    • Currently, 16 NBFCs are placed in the upper layer.

    What are Non-Banking Financial Companies (NBFCs)?

    • A NBFC is a company registered under the Companies Act, 1956.
    • It engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, and chit business.
    • It does NOT include any institution whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property.

    How are NBFCs different from Bank?

    • NBFCs lends and make investments and hence their activities are akin to that of banks.
    • However, there are a few differences as given below:
    1. Commercial Banks are regulated under Banking Regulation Act, 1949.
    2. NBFC CANNOT accept demand deposits.
    3. NBFCs DO NOT form part of the payment and settlement system and cannot issue cheques drawn on itself.
    4. Deposit insurance facility of Deposit Insurance and Credit Guarantee Corporation is NOT available to depositors of NBFCs, unlike in case of banks.

    Different types/categories of NBFCs registered with RBI

    NBFCs are categorized:

    1. in terms of the type of liabilities into Deposit and Non-Deposit accepting NBFCs,
    2. non deposit taking NBFCs by their size into systemically important and other non-deposit holding companies (NBFC-NDSI and NBFC-ND) and
    3. by the kind of activity they conduct.

    Within this broad categorization the different types of NBFCs are as follows:

    Definition
    Asset Finance Company (AFC) A financial institution primarily engaged in financing physical assets used in productive/economic activities, such as automobiles, tractors, machinery, and industrial equipment.
    Investment Company (IC) A company whose principal business involves acquiring securities.
    Loan Company (LC) A financial institution primarily engaged in providing finance through loans, advances, or other means for activities other than its own.

    Does not include Asset Finance Companies.
    Infrastructure Finance Company (IFC) A non-banking finance company that deploys at least 75% of its total assets in infrastructure loans, with a minimum Net Owned Funds of ₹300 crore, a minimum credit rating of ‘A’ or equivalent, and a CRAR of 15%.
    Systemically Important NBFCs NBFCs with an asset size of ₹500 crore or more, as per the last audited balance sheet.

    Considered significant due to their potential impact on the overall financial stability of the economy.

     

    Scale-Based Regulation of NBFCs

    • Scale-based regulations came into effect in October 2021 and were implemented a year later by RBI.
    • There are four layers namely the base layer, middle layer, upper layer and top layer.
    • As on September 30, 2023, NBFCs in the base, middle and upper layers constituted 6 per cent, 71 per cent and 23 per cent of the total assets of NBFCs respectively.
    • Presently, no NBFC is listed in the top layer.

    Here’s a breakdown of the key aspects of the SBR:

    1. Base Layer (NBFC-BL)
    • The Base Layer primarily comprises non-deposit-taking NBFCs with assets below Rs 1,000 crore.
    • It encompasses NBFC Peer to Peer (P2P), NBFC-Account Aggregator (AA), Non-Operative Financial Holding Company (NOFHC), and NBFCs without public funds and customer interface.
    1. Middle Layer (NBFC-ML)
    • The Middle Layer includes deposit-taking NBFCs and non-deposit-taking NBFCs with assets exceeding Rs 1,000 crore.
    • It encompasses NBFCs involved in specific activities such as Standalone Primary Dealers (SPDs), Infrastructure Debt Fund – NBFCs (IDF-NBFCs), Core Investment Companies (CICs), Housing Finance Companies (HFCs), and Infrastructure Finance Companies (NBFC-IFCs).

    III. Upper Layer (NBFC-UL)

    • The Upper Layer comprises NBFCs identified by RBI as requiring enhanced regulatory requirements based on specific parameters and scoring methodology.
    • The top 10 eligible NBFCs in terms of asset size will always be placed in the Upper Layer, irrespective of other factors.
    1. Top Layer (NBFC-TL)
    • NBFCs in the Upper Layer may be transferred to the Top Layer if RBI perceives a significant increase in potential systemic risk.
    • Currently, the Top Layer remains vacant but serves as a precautionary measure for heightened risk situations.

     

    With inputs from: https://rbi.org.in/scripts/PublicationsView.aspx?Id=21580

    Practice MCQ:

    Q. With reference to the Scale-Based Regulation of Non-Banking Financial Companies (NBFCs), consider the following statements:

    1. Higher the layer, least is the regulatory intervention required by the RBI.
    2. Currently, no NBFC is listed in the top layer.

    Which of the given statements is/are correct?

    a) Only 1

    b) Only 2

    c) Both 1 and 2

    d) Neither 1 nor 2

    Try this PYQ from CSE 2020:

    1. If you withdraw ` 1,00,000 in cash from your Demand Deposit Account at your bank, the immediate effect on aggregate money supply in the economy will be:

    (a) to reduce it by ` 1,00,000

    (b) to increase it by ` 1,00,000

    (c) to increase it by more than ` 1,00,000

    (d) to leave it unchanged

     

    Post your answers here.

  • Centre bans 18 OTT Platforms for Inappropriate Content

    In the news

    • The Information & Broadcasting Ministry has blocked 18 OTT platforms on the charge of publishing obscene and vulgar content.

    How were these platforms banned?

    • The contents listed on the OTT platforms was found to be prima facie violation of:
    1. Section 67 and 67A of the Information Technology Act, 2000;
    2. Section 292 of the Indian Penal Code; and
    3. Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
    • These platforms were violative of the responsibility to not propagate obscenity, vulgarity and abuse under the guise of ‘creative expression’.

    How are OTT Platforms regulated in India?

    • Regulatory Framework: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 introduce a Code of Ethics applicable to digital media entities and OTT platforms.
    • Key Provisions: These guidelines encompass content categorization, parental controls, adherence to journalistic norms, and the establishment of a grievance redressal mechanism to address concerns.

    [A] Content Regulations

    • Age-Based Classification: OTT platforms like Netflix and Amazon Prime are mandated to classify their content into five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
    • Parental Locks: Effective parental locks must be implemented for content classified as 13+, ensuring that parents can control access to age-inappropriate material.
    • Age Verification: Robust age verification systems are required for accessing adult content, enhancing parental oversight and safeguarding minors from exposure to inappropriate material.

    [B] Grievance Redressal Mechanism

    • Three-Tier System: A comprehensive grievance redressal mechanism consisting of three tiers has been established:
      1. Level-I: Publishers are encouraged to engage in self-regulation to address grievances and concerns internally.
      2. Level-II: A self-regulating body, headed by a retired judge from the Supreme Court or High Court or an eminent independent figure, will oversee complaints and ensure impartial resolution.
      3. Level-III: The Ministry of Information and Broadcasting will formulate an oversight mechanism and establish an inter-departmental committee tasked with addressing grievances. This body possesses the authority to censor and block content when necessary.

    [C] Selective Banning of OTT Communication Services

    • Parliamentary Notice: Concerns about the influence and impact of OTT communication services prompted a notice from a Parliamentary Standing Committee to the Department of Telecom (DoT).
    • Scope of Discussion: This discussion focuses exclusively on OTT communication services such as WhatsApp, Signal, Meta (formerly Facebook), Google Meet, and Zoom, excluding content-based OTTs like Netflix or Amazon Prime.
    • Regulatory Authority: Content regulation within OTT communication services falls under the jurisdiction of the Ministry of Information and Broadcasting (MIB), emphasizing the government’s commitment to ensuring responsible communication practices.

  • Lyme Disease reported in Ernakulam

    In the news

    • A suspected case of Lyme disease caused by the bite of a tick carrying borrelia bacteria has been reported from Koovapady in Ernakulam district.

    What is Lyme Disease?

    • According to the Centers for Disease Control and Prevention (CDC), Lyme is transmitted to humans through the bite of infected blacklegged ticks.
    • Typical symptoms include fever, headache, fatigue, and a characteristic skin rash called erythema migrans.
    • If left untreated, infection can spread to joints, the heart, and the nervous system.

    Symptoms of Lyme Disease

    Symptoms of Lyme disease depend on the stage of the condition.

    (1) Stage 1

    • The early symptoms of Lyme disease begin to appear within 3 to 30 days after a tick bite.
    • In this stage, the disease has a limited set of symptoms that includes rash, fever, headache, muscle aches etc. and hence is called early localised disease.

    (2) Stage 2

    • Stage 2 is often more serious and widespread. It is called early disseminated disease.
    • Symptoms include more rashes on other parts of the body, neck pain or stiffness, muscle weakness on one or both sides of the face etc.

    (3) Stage 3

    • In the United States, the most common condition of this stage is arthritis in large joints, particularly the knees.
    • Pain, swelling or stiffness may last for a long time. Or the symptoms may come and go.
    • Stage 3 symptoms usually begin 2 to 12 months after a tick bite.

     

    Try this PYQ from CSE Prelims 2016:

    Which of the following statements is/are correct? 

    Viruses can infect

    1. bacteria
    2. fungi
    3. plants

    Select the correct answer using the code given below. 

    (a) 1 and 2 only

    (b) 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    Post your answers here.

  • Atmospheric Research Testbed in Central India (ART-CI)

    Why in the news-

    • The Ministry of Earth Sciences has commissioned Atmospheric Research Testbed-Central India (ART-CI) near Bhopal.

    About Atmospheric Research Testbed

    • ART-CI stands as an innovative testbed facility, pioneering the exploration of monsoon convection and land-atmosphere interactions, marking a significant advancement in climate research.
    • The Indian Institute of Tropical Meteorology (IITM), Pune leads ART-CI, operating under the Ministry of Earth Sciences (MoES).

    Mission Objectives

    • ART-CI primarily targets the monsoon trough area, encompassing the Monsoon Core Zone (MCZ), a critical component of the regional climate system.
    • Understanding this zone is paramount for precise weather forecasts and accurate climate modelling within India.

    Monsoon Core Zone (MCZ)

     

    • MCZ is a region in India stretching from Gujarat to West Bengal in the east.
    • India Meteorological Department demarcates it as an agricultural region where cropping is mostly rainfed.
    • It is the region within the monsoon trough area that plays a central role in the dynamics of the Indian monsoon system.
    • It is characterized by intense convective activity, significant rainfall, and crucial atmospheric interactions that influence the overall behavior of the monsoon.
    • The MCZ typically experiences a concentration of atmospheric processes that drive the onset, progression, and withdrawal of the monsoon rains across the Indian subcontinent.

    Features and Capabilities

    • ART-CI’s development unfolds incrementally as part of the Atmosphere & Climate Research-Modelling Observing Systems & Services (ACROSS) umbrella scheme.
    • The facility will feature an extensive array of remote-sensing and in-situ instruments.
    • These tools would help monitoring of various atmospheric parameters like convection, cloud cover, precipitation, soil moisture, radiation levels, and microphysics.

  • Global Methane Tracker, 2024

    Why in the news-

    • Methane emissions from fuel use in 2023 reached nearly record levels, totalling 120 million tonnes (Mt), as per the International Energy Agency’s (IEA) Global Methane Tracker 2024.

    What is Global Methane Tracker (GMT)?

    • The IEA’s Methane Tracker is an online database that tracks oil and gas-related methane sources globally.
    • It provides estimates of emissions across various sectors, including oil, natural gas, coal, and bioenergy, with the energy sector contributing nearly 40% of human-related methane emissions
    • It provides current estimates of methane emissions and highlights potential reductions achievable through existing technologies.

    GMT 2024: Key Findings 

    • Elevated Emissions: Satellite data revealed a more than 50% increase in large methane emissions in 2023 compared to the previous year.
    • Top Emitters: The United States and Russia emerged as the largest emitters of methane from oil and gas operations, contributing significantly to global emissions.
    • Fossil Fuel Leaks: Over 5 Mt of methane emissions were attributed to major fossil fuel leaks globally, including a significant blowout incident in Kazakhstan lasting over 200 days.
    • Cost of Emission Cut: Reducing methane emissions from fossil fuels by 75% by 2030 would require about $170 billion in spending – less than 5% of the income generated by the fossil fuel industry in 2023.

    About Methane Pollution

    • Methane, is an organic compound composed of carbon and four hydrogen atoms (CH4).
    • Second-biggest anthropogenic contributor to global warming after carbon dioxide, 80 times more potent.
    • Global Warming Potential (GWP) measures warming caused by substances relative to carbon dioxide over a century.
    • Methane GWP100: 28, nitrous oxide 265, sulphur hexafluoride 23,500.
    • Short-lived climate pollutant, breaks down in a few years, unlike carbon dioxide.
    • Sources: Cattle farming, landfills, wastewater treatment, rice cultivation, industrial processes.
    • Energy, agriculture, and waste sectors are primary emitters, responsible for 30% of global warming.
    • Livestock emissions, including manure and gastroenteric releases, account for 32% of human-caused emissions.

    Global steps to curb Methane Emissions 

    • Paris Agreement Goal: To limit warming to 1.5°C, methane emissions from fossil fuels must be reduced by 75% by 2030, necessitating substantial efforts and investments.
    • Global Methane Pledge: Launched at UN COP26 climate conference in Glasgow. Over 90 countries signed, led by the United States and the European Union (India not signed up).
    • First Global Stocktake (GST):  Released at COP28, called for countries to accelerate and substantially reduce non-carbon-dioxide emissions globally, including methane, by 2030. But it stopped short of providing a quantifiable target.

     

    Try this PYQ from CSE Prelims 2016:

    Q.In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index?

    1. Carbon dioxide
    2. Carbon monoxide
    3. Nitrogen dioxide
    4. Sulphur dioxide
    5. Methane

    Select the correct answer using the codes given below:

    (a) 1, 2 and 3 only

    (b) 2, 3 and 4 only

    (c) 1, 4 and 5 only

    (d) 1, 2, 3, 4 and 5

  • [pib] ‘Vocal for Local’ Initiative

    Why in the news-

    About Vocal for Local Initiative

    • Under this program, indigenous local products from 500 Aspirational Blocks have been mapped and consolidated for sale.
    • District collectors and block-level officials will collaborate with partners such as Government e-Marketplace (GeM) and Open Network for Digital Commerce (ONDC) to facilitate sustainable growth of microenterprises in Aspirational Blocks.
    • To facilitate this, a dedicated window for Aspirational Blocks Programme under the brand name ‘Aakanksha’ on GeM portal has been established.

    What is Aspirational Blocks Programme (ABP)?

    • The ABP is set on the lines of the Aspirational District Programme that was launched in 2018 and covers 112 districts across the country.
    • The Centre had announced its intention to launch this initiative in the Union Budget 2022-23.
    • The programme will cover 500 districts across 31 states and Union Territories initially.
    • Over half of these blocks are in 6 states—Uttar Pradesh (68 blocks), Bihar (61), Madhya Pradesh (42), Jharkhand (34), Odisha (29) and West Bengal (29).
    • However, states can add more blocks to the programme later.

    Back2Basics:  Aspirational Districts Programme (ADP)

    Details
    Launch Date January 2018
    Objective To transform identified aspirational districts quickly and effectively through a mass movement.
    Program Contours
    • Convergence of Central & State Schemes
    • Collaboration among Central, State level ‘Prabhari’ Officers & District Collectors
    • Competition among districts driven by mass Movement.
    Selection of Districts
    • 117 Aspirational districts identified by NITI Aayog based on composite indicators.
    • Real-time progress monitored based on 49 indicators from 5 thematic areas.
    Weightage of Indicators
    1. Health & Nutrition (30%)
    2. Education (30%)
    3. Agriculture & Water Resources (20%)
    4. Financial Inclusion & Skill Development (10%)
    5. Basic Infrastructure (10%)
    Core Strategy
    • Development as a mass movement
    • Identify strengths and low-hanging fruits in each district
    • Measure progress and rank districts
    • Foster competition.
    Features
    • Transform into a Jan Andolan
    • Real-time data tracking for monitoring improvement
    • Convergence between central and state government programmes.
    • District performance made public
    • Experience building of district bureaucracy
    • Targeted towards the entire district population.

  • Kerala Cabinet asks Advocate General to explore legal options to challenge CAA notification in Supreme Court

    Why in the news? 

    • The Kerala Cabinet aims to challenge the implementation of the Citizenship (Amendment) Act, 2019, expressing opposition to its perceived anti-Muslim bias. Legal options are explored to contest the Act’s rules.

    Context:

    The government notified rules for implementing the Citizenship Amendment Act, 2019, simplifying the process for granting Indian citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014.

    About Citizenship Amendment Act, 2019

     

    The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955. This Act provided provisions for citizenship by Birth, Descent, Registration and Naturalization.

    • Eligibility Criteria: Amends the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants belonging to specific religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Afghanistan, Bangladesh, and Pakistan.
    • Definition of Illegal Migrants: Illegal migrants are those who enter India without valid travel documents or exceed the permitted duration of stay, subject to prosecution, deportation, or imprisonment.
    • Cutoff Date: Provides eligibility for Indian citizenship to illegal migrants from the mentioned communities who entered India on or before December 31, 2014, excluding them from being treated as illegal immigrants.
    • Exclusion of Muslims: Notably excludes the Muslim community from the list of eligible religious groups, sparking controversy and criticism over religious discrimination in the citizenship criteria.

     

    What are the recent challenges faced by the Kerala Government?

    • Anti-Muslim Bias: The Kerala government opposes the Citizenship Amendment Act (CAA), labeling it as “patently anti-Muslim and deeply schismatic.”
    • Resolution for Repeal: The Kerala Assembly adopted a resolution in 2019 demanding the repeal of CAA due to its criterion of religion for Indian citizenship.
    • Legal Challenge: Kerala filed an original suit before the Supreme Court under Article 131, contesting the Center’s framing of CAA rules. Congress leader Ramesh Chennithala, DYFI, and IUML challenge CAA in the Supreme Court.
    • Urgency Post CAA Rules: Kerala Cabinet emphasizes new legal urgency after the Center’s notification of CAA rules.
      • Ongoing anti-CAA protests were witnessed in Kerala, including train blockades and marches. Congress leaders condemn CAA for undermining secular principles.
      • Opposition criticizes Kerala CM’s stance against implementing CAA and calls it political posturing.

    National Scenario: 

    • States:
        • In Assam: Members of the All Assam Students Union (AASU) took part in a protest march after the central government notified the rules for implementation of the Citizenship (Amendment) Act, in Guwahati.
        • In Kolkata: Leaders of the Communist Party of India (Marxist-Leninist) protested against the implementation of the Citizenship (Amendment) Act.
    • Youth Protests:
      • In Delhi: Students of Jamia Millia Islamia University also staged a protest after the central government notified the rules for implementation of the Citizenship (Amendment) Act.
      • In Tamil Nadu: Further, members of the Students’ Federation of India (SFI) staged a protest, a day after the Modi-led government notified the rules for implementation of the Citizenship (Amendment) Act, at Madras University.

    Way Forward to address the concerns and avoid protests:

    • Dialogue and Consultation: Engage in open dialogue with stakeholders, including state governments, opposition parties, and civil society, to address concerns and seek consensus on amendments or alternatives to the Citizenship Amendment Act.
    • Legal Review: Conduct a comprehensive legal review of the Citizenship Amendment Act and its rules to ensure adherence to constitutional principles, including equality before the law and secularism.
    • Inclusive Citizenship Criteria: Consider revising the Citizenship Amendment Act to remove religious criteria and ensure that citizenship is granted based on objective and non-discriminatory grounds, such as residency or persecution.
    • Uphold Secular Values: Reaffirm the government’s commitment to secularism and religious pluralism, emphasizing the importance of protecting the rights of all communities and promoting social harmony.

    Conclusion:

    • Address Kerala’s concerns over anti-Muslim bias in CAA, legal challenges, and ongoing protests. Emphasize dialogue, legal review, inclusivity, and upholding secular values to foster social harmony and resolve grievances.

    Prelims PYQs

    Q. With reference to India, consider the following statements :​

    1. There is only one citizenship and one domicile.​
    2. A citizen by birth only can become the Head of State.​
    3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. 1 and 3 ​
    4. 2 and 3

  • Appointment of EC | Supreme Court to hear plea to bring CJI back into the selection committee

    Why in the news? 

    The plea filed by the NGO Association for Democratic Reforms seeks an urgent hearing as it raises concerns about potential unfair advantage in filling Election Commission vacancies after Arun Goel’s resignation.

    Context

    • The unexpected resignation of Arun Goel ahead of the Lok Sabha elections raised concerns about potential unfair advantage in filling the vacancies.
    • The NGO Association for Democratic Reforms requested the new law on EC appointments to be put on hold and urged the involvement of the Chief Justice of India in the selection committee, as directed by a previous Supreme Court judgment.

     

    About the CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023:

    • The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
      • It addresses the appointment, salary, and removal of the CEC and ECs.

     

    Appointment Process:

    • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
    • The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition party in Lok Sabha.
    • Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.
    • A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
    • Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.

     

    Why Free and fair elections are necessary?

    • Protects from Intimidation and Fraud: Concerns were raised about the potential for unfair advantage due to the Executive’s ability to appoint two Election Commissioners, which could compromise the independence of the Election Commission.
    • Consensus building and Integrity: Emphasis on the critical role of the Election Commission in ensuring free and fair elections, highlights the importance of fair and unbiased appointments to maintain the integrity of the electoral process.
    • Anoop Baranwal Case: Reference to the Supreme Court’s judgment in the Anoop Baranwal case, where a Constitution Bench directed the appointment of the Chief Election Commissioner (CEC) and two ECs by the President based on the advice of a committee consisting of the Prime Minister, Leader of Opposition, and Chief Justice of India (CJI).
    • Government’s Response: Mention of the government’s enactment of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre more control over the appointment process, contrary to the Supreme Court’s judgment.

    Way Forward: Need to avoid Political interference: 

    • Current Leadership: Mention of CEC Rajiv Kumar being in sole charge of the Election Commission at present, indicates the need to address vacancies in the position of Election Commissioners to ensure effective functioning, especially with impending elections.
    • Independence of Election Commission: Emphasis on the importance of maintaining the independence of the Election Commission from political and executive interference to ensure free and fair elections and uphold democracy.
    • Insulation from Interference: Arguing that the Election Commission should be insulated from political and/or executive interference to preserve the integrity of the electoral process and protect democratic principles.
    • Critical Role of Election Commission: Highlighting the critical role of the Election Commission in various aspects such as ensuring free and fair elections, resolving disputes between political parties, and maintaining accurate voter lists and turnout, underscoring the urgency to address vacancies in the Commission.

    Conclusion:

    • The government should reconsider the appointment process, ensuring the inclusion of the Chief Justice of India in the selection committee to uphold the independence and integrity of the Election Commission.

    Mains PYQs

    Q. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (2022)

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