The Hindu: Published on 10th December 2025.
Why in News?
The Supreme Court of India clarified that citizenship under the Citizenship (Amendment) Act, 2019 (CAA) will not be automatic.
People claiming to be persecuted religious minorities from Pakistan, Afghanistan, and Bangladesh will get citizenship only after proper scrutiny and verification of their claims.
The observation came while hearing a petition regarding panic among refugees during the Special Intensive Revision (SIR) of electoral rolls.
Background:
The CAA 2019 provides a pathway for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Afghanistan, and Bangladesh (who entered India before 31 December 2014) to apply for citizenship.
The law exempts them from being treated as illegal migrants under Section 2(1)(b).
These groups can apply for registration or naturalisation under Section 6B.
However, many applicants alleged delays in the issuance of citizenship certificates.
The ongoing Special Intensive Revision (SIR) of voter rolls has led to fear among refugees that they may be marked as non-citizens.
Key Issues Raised in the Petition:
The NGO Aatmadeep highlighted:
Panic among refugees, especially in West Bengal.
Government delay in issuing citizenship certificates.
SIR process allegedly ignoring acknowledgment receipts of CAA applicants.
Resulting fear of statelessness, social exclusion, and disenfranchisement.
The petition said this situation created a constitutional crisis, as recognised persecuted minorities remained without rights.
Supreme Court’s Observations:
Citizenship is not guaranteed just because the applicant falls within CAA’s categories.
Claims must be:
Verified
Scrutinised
Proven with evidence
The right to seek citizenship under CAA exists, but citizenship will be granted only after fulfilling statutory requirements such as:
Proof of belonging to the minority community
Proof of residency in the listed countries
Circumstances of entry into India
Once citizenship is granted, the person may be added to the voter list.
Supreme Court’s Steps:
Issued notice to:
The Central Government
The Election Commission of India
Sought their responses on:
The delay in granting citizenship
Concerns related to electoral roll revision
Next hearing scheduled for next week.
Impact / Implications:
(A) For Refugees:
No automatic citizenship → continued uncertainty.
Until certificate is issued, they cannot access voting rights.
Risk of being left out of electoral rolls during SIR.
For Government
(B) Must establish:
Efficient screening mechanism
Clear communication to avoid panic
Timely processing of applications
Delay may weaken confidence in CAA implementation.
For Election Commission
(C) Must ensure:
Fair inclusion/exclusion in voter rolls
Consideration of acknowledgment receipts
Avoid potential disenfranchisement of eligible persons.
Constitutional Dimensions:
Issue relates to:
Right to equality (Article 14)
Citizenship provisions under Articles 5–11
Due process in naturalisation and enfranchisement
Possible tension between legislative promise (CAA) and executive implementation.
Conclusion:
The Supreme Court has balanced the CAA’s provisions with constitutional safeguards by insisting on strict verification.
While acknowledging the “enforceable right” to seek citizenship, the Court emphasised that citizenship cannot be presumed.
The immediate challenge lies in ensuring timely processing, preventing panic, and protecting the rights and dignity of persecuted minorities awaiting integration into India.
