BackOpinion | An Indian question
If the bill does get approved, it would then be for the judiciary to check if it is constitutionally okay
PremiumThe Lok Sabha saw a heated debate over the Citizenship Amendment Bill on Monday, as opposition parties protested that its provisions violate the fundamental principles of our Constitution. The bill, if approved by Parliament, would let members of six religious minority communities—Hindu, Sikh, Buddhist, Jain, Parsi and Christian—from Pakistan, Afghanistan, and Bangladesh seek Indian citizenship, should they face persecution in their home countries. Muslims are excluded from the list.
Prima facie, that looks like a violation of India’s secular principles. Under the Constitution, everyone has equal rights, regardless of all markers of identity. Thus, it is unclear how a bill could be enacted that excludes Muslims from the country’s offer of refuge. Some supporters of the bill have argued that the controversial bit applies to non-citizens who seek citizenship and that they should not be treated at par with citizens as far as rights go. However, Article 14 of the Constitution, which guarantees equality, covers everyone in India. If the bill does get approved, it would then be for the judiciary to check if it is constitutionally okay.
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