Supreme Courtroom: Citizenship Unsure for CAA Candidates

The Supreme Courtroom on Tuesday (December 9, 2025) stated conferment of rights related to Indian citizenship to folks claiming to be spiritual minorities who fled persecution from Pakistan, Afghanisation Bangladesh and guarded underneath the Citizenship (Modification) Act, can be wholly depending on whether or not their claims change into true.

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The courtroom stated that though the Citizenship (Modification) Act, 2019, had launched modifications in favour of granting “enforceable rights” to persecuted spiritual minorities from these nations, each such declare must be enquired into and decided by the authorities.

The oral observations from a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi got here on a petition filed by an NGO, Aatmadeep, by means of advocate Anish Roy.

The NGO submitted that spiritual minorities from the three neighbouring nations, particularly those that had fled Bangladesh and have been dwelling in West Bengal, have been petrified that the continuing Particular Intensive Revision (SIR) of electoral rolls would render them stateless.

The petition submitted that the proviso to Part 2(1)(b) of the Citizenship (Modification) Act (CAA) exempted spiritual minorities from Afghanistan, Bangladesh, and Pakistan who entered India on or earlier than December 31, 2014, from being thought-about “unlawful migrants”. These communities have been Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. Part 6B of the CAA permits these individuals to use for grant of certificates of registration or certificates of naturalisation. The NGO argued that those that apply for naturalisation shouldn’t be disadvantaged of residents’ rights and privileges.

Nonetheless, the petition stated the authorities have delayed the issuance of the citizenship certificates. This, coupled with the non-recognition of acknowledgment receipts in the course of the ongoing Particular Intensive Revision (SIR), has created a critical constitutional disaster.

“The affected individuals, already recognised by Parliament as persecuted minorities of Afghanistan, Bangladesh and Pakistan who entered India deserving safety and integration, at the moment are uncovered to the chance of statelessness, social exclusion and disenfranchisement,” the petition alleged.

However Chief Justice Kant stated the conferment of Indian citizenship was not a given for these candidates. They must fulfil sure circumstances.

“You’re claiming that you’re entitled by advantage of those amended provisions within the CAA to change into residents of this nation. However you haven’t been conferred citizenship up to now… The amended provisions may need conferred some enforceable rights in your favour to hunt citizenship, however each statutory requirement needs to be decided, like, do you belong to any minority in that nation; have been you resident of the nation of which minority have been permitted to return to India; and in what capability have you ever come to India,” Chief Justice Kant defined.

The CJI stated if the federal government has made a legislation, there can be a following mechanism to implement the legislation, on this case, to find out claims of citizenship by naturalisation from refugees who had fled these three nations.

The Chief Justice famous that after such an individual grew to become a naturalised citizen by means of due course of, she or he may apply underneath the statutory scheme for entry into the voter checklist. The EC did periodic evaluation of the electoral roll, and will embrace the eligible names.

The courtroom, nevertheless, issued discover to the Election Fee, the Centre, the State Election Fee of West Bengal, and sought a response. It scheduled the case for listening to subsequent week.