Justice R.S. Sodhi
THE GOVERNMENT IS on very thin ice with regard to the Citizenship (Amendment) Bill. But I feel that the thin ice might prove to be just thick enough for the government to clear the legal test.
The government has mentioned religion by name. There would not have been a problem had the government just said that those facing persecution in the three countries specified in the bill would be given a concession in grant of citizenship. It could have implied that the minority communities in those countries would be fast-tracked to citizenship, and it would be up to the state to accept or reject applications. Nobody has a vested right to citizenship. A person is conferred citizenship as per the framework that a country has laid down for the purpose.
It is problematic to single out certain religious groups, and say that they will be considered and others will not be. There might be communities, like the Ahmadiyas or the Shias, and even people who are being persecuted for reasons that have nothing to do with their religious beliefs. It will be interesting to see how the government will prove in court that the law does not violate Article 14 of the Constitution.
The government might say that the concessions are not being made on any religious basis, but because these groups find themselves in a certain situation thanks to a historical legacy. There are methods of arguing these issues, and I am sure the government has factored it all in.
The big test for the legislation is bound to be in the Supreme Court. A Constitution bench will have to be formed to delve into the law and decide its validity.
But I feel the legislation might stand the test of constitutionality, as everybody all over the world cannot claim to have the right to be a citizen of India. It is up to the country to grant citizenship in a manner it deems fit. Article 14, to my mind, will come into play only if there is discrimination against people applying for it. To my mind, the law does not violate Article 14, as it makes it smoother for a section of refugees to get citizenship.
The author is a former judge of the Delhi High Court.
As told to Soni Mishra.