A report published by an independent research wing of the US Congress has indicated that certain provisions of the Citizenship Amendment Act (CAA) enacted this year may potentially violate India’s Constitution. The CAA, which amends the 1955 Citizenship Act, aims to provide a path to citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.

According to the Congressional Research Service (CRS) report, “The CAA’s key provisions — allowing immigrants of six religions from three countries a path to citizenship while excluding Muslims — may violate certain Articles of the Indian Constitution.” This concern is heightened when considering the planned National Register of Citizens (NRC), as both measures combined could potentially jeopardize the rights of India’s Muslim population.

Critics argue that these actions suggest that Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) is pursuing a Hindu majoritarian agenda at odds with India’s officially secular republic status and international human rights norms. The CRS report suggests that the timing of implementing the CAA during BJP’s re-election campaign raises suspicions about political motivations.

Pointing out flaws in selectively protecting members of “approved” religions through this legislation, critics warn against undermining India’s secular ethos and establishing what they call “‘an ethnic democracy’ equating the Hindu-majority community with the nation,” effectively relegating others to second-class status.

While providing reports for congressional decision-making purposes only and not representing official congressional views, CRS reports carry significant influence within US policymaking circles.

The Biden administration has previously expressed concerns regarding notification of implementation for India’s controversial law. It has stated its close monitoring of developments surrounding this legislation.

India has consistently dismissed international criticism regarding discrimination and has maintained that the CAA’s primary goal is to grant citizenship. The Indian government has emphasized in a statement that no citizen of the country would lose their citizenship due to this legislation.

While the debate over the constitutional implications and potential marginalization of religious communities continues, critics are closely watching how this law will unfold and its impact on India’s social fabric.