Thirteen months have passed after the controversial Citizenship (Amendment) Act came into force but its implementation is delayed as the Ministry of Home Affairs (MHA) yet to frame rules.
The MHA has now got more time for framing rules from the Parliamentary Standing Committees on Subordinate Legislation of Lok Sabha and Rajya Sabha.
"The rules under The Citizenship (Amendment) Act, 2019 (CAA) are under preparation. The Committees on Subordinate Legislation, Lok Sabha and Rajya Sabha have granted extension of time up to April 9 and July 9 (this year) respectively to frame these rules under the Citizenship (Amendment) Act, 2019 (CAA)," the MHA said in a written reply.
The MHA response came in a written reply by Minister of State for Home Nityanand Rai to questions raised by Congress MP from Kerala V K Sreekandan.
With the MHA not notifying the rules, the Act cannot be implemented. According to the Manual of Parliamentary Procedure, rules have to be framed within six months from the date on which the statute came into force. If not, the Ministry will have to seek permission for an extension of time.
The MHA has been seeking an extension for framing the rules from the Parliamentary Standing Committees on Subordinate Legislation.
The CAA, passed in December 2019 and came into force on January 10, provides citizenship to six non-Muslim minorities from Afghanistan, Bangladesh and Pakistan who entered in India before 31 December 2014. The amended law had triggered huge protests across the country.
"In case the Ministries/Departments are not able to frame the rules within the prescribed period of six months, they should seek extension of time from the Committee on Subordinate Legislation stating reasons for such extension; such extension being not more than for a period of three months at a time. The request should be made after obtaining the approval of the Minister," the Parliamentary manual said.
In January last year, reports, including in DH, had suggested that the MHA may include a provision for seeking documents to prove their religion and their entry into India before the cut-off date from people seeking citizenship under the CAA. Those applying will also have to provide proof that they came from Pakistan, Afghanistan or Bangladesh.
According to the report of the Joint Committee of Parliament that vetted a previous version of the Bill, there were 31,313 people belonging to minority communities from these countries will be "immediate beneficiaries", as they had been given Long Term Visas on the basis of their claim of religious persecution in their respective countries and want Indian citizenship.
Among 31,313, the Intelligence Bureau told the panel, 25,447 are Hindus, 5,807 are Sikhs, 55 Christians and two each Buddhists and Parsis.
For citizenship, the IB said, they will have to prove that they came to India due to religious persecution. "If they had not declared so at the time of arrival in India, it would be difficult for them to make such a claim now. Any future claim will be enquired into, including through RAW before a decision is taken," the IB had told the panel.