CAA Rules To Be Notified? Here's What 'Notification' Means In Practical Terms

According to reports, the Ministry of Home Affairs is expected to notify the rules of Citizenship (Amendment) Act (CAA), fours years after it was passed in parliament.

Notification of rules for a given law is necessary for clarifying the interpretation of the legal text and removing ambiguity.

While laws often cover principles, policies, and remedies broadly, it is the notified rules that provide detailed administrative regulations for their implementation.

The executive branch of government, responsible for implementing laws, requires these rules to guide stakeholders and ensure smooth execution. The notified rules also designate authorities for relevant parties and provide mechanisms for dispute resolution in case of conflicts.

Procedural Changes

Reports indicate that the government will be doing many firsts in order to implement the CAA:

— According to Indian Express, Home Ministry sources have said that an online portal will be set up. This will contain all details about rules, procedures, required documents and points of contact for various information.

This portal will be different from the one currently in place for citizenship application. It will be accessible through phone. The portal will also sort out any hurdles imposed by state governments not eager to welcome persecuted minorities.

— The documentary process will also reportedly, be simplified. Migrants will need to declare the year in which they illegally entered India, but they won’t be asked to furnish proof of that.

The Citizenship Amendment Act

The Citizenship Amendment Act was brought in to provide humanitarian relief to the persecuted minorities of India's neighbourhood, namely Afghanistan, Bangladesh, and Pakistan.

Any Hindu, Sikh, Buddhist, Jain, Parsi or Christian citizen of these three countries, who entered India as an 'illegal immigrant' before 31 December 2014, would not be treated as an illegal alien once the law comes into effect.

The CAA rules are expected to be notified before the model code of conduct comes into force.