CAA and its Issues
CAA grants citizenship to:
- 6 minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) facing religious persecution in Pakistan, Afghanistan, Bangladesh.
- Those who entered India before Dec 31, 2014.
CAA Provisions
- Grants citizenship to six minorities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh.
- Eligibility: Entered India on or before December 31, 2014.
- Amends Citizenship Act of 1955, relaxing residence requirement for naturalization from eleven to five years.
- Exempts specified communities from criminal cases and deportation.
- Exceptions: Inner Line Permit states and areas under Sixth Schedule of Constitution.
Arguments in Favor of CAA
- Dignified life for refugees, removing legal barriers to citizenship.
- Protection of cultural, linguistic, and social identity.
- Relief to victims of partition facing religious persecutions.
Arguments Against CAA
- Violates right to equality under Article 14.
- Violates secularism, making religion a ground for eligibility.
- Seen as discriminatory towards Muslims, especially in context of NRC.
- Excludes other persecuted minority groups like Tamil Hindus and Rohingya.
Way Forward
- Address fears of nationwide NRC among Muslim community.
- Assuage concerns of North-eastern states like Assam regarding cultural and ethnic identity.
Judges & Bureaucrats in Politics
Context: Recent resignations for political pursuits raise questions about propriety.
Checks & Balances:
- Constitution separates powers (legislature, executive, judiciary).
- Independent bodies (Election Commission, Public Service Commission, CAG) ensure fairness.
- Fixed tenure, financial independence, removal procedures protect these institutions.
Current Restrictions:
- Judges face post-retirement limitations on practicing law.
- CAG & Public Service Commission can’t take government jobs after retirement.
- No restrictions on joining political parties or contesting elections.
Cooling-Off Period Debate:
- Election Commission recommended a cooling-off period for bureaucrats.
- Rejected by government citing potential conflict with Constitution and democratic values.
- Supreme Court left decision to the legislature.
Proposed Way Forward:
- Apply “justice must be seen to be done” principle even after leaving office.
- Implement a cooling-off period (e.g., 2 years) for joining politics or political appointments.
- This fosters public trust and reduces suspicion of quid pro quo.
हिन्दी