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CAA Intended to Grant Amnesty to Specific Communities, Center Says in Affidavit to SC

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The Union Department of the Interior has filed an affidavit in defense of the Citizenship Amendment Act (CAA) in the Supreme Court.

Anesha Mathur

New Delhi ,UPDATED: 31 Oct 2022 07:13 IST


The central government filed an affidavit in defense of the CAA to the Supreme Court. (Representative photo)

By Aneesha Mathur: The central government on Sunday filed an affidavit with the Supreme Court in defense of the Citizenship Amendment Act (CAA). It said the CAA is “benign legislation” intended to “provide amnesty to specific communities.”

The affidavit comes a day before a bank led by Chief Justice of India (CJI) UU Lalit will hear a series of petitions challenging the CAA on Monday.


The Home Office affidavit states that the CAA is not an arbitrary law, but is specifically aimed at classified communities persecuted in India’s neighboring countries.

It said the CAA is “a closely tailored piece of legislation that seeks to address a specific problem that has been awaiting India’s attention for a solution for decades”.

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It argued that despite the attention given to the treatment of classified communities in some neighboring countries, successive governments failed to take legislative action.

In addition, the Center also defended the classification of certain areas, particularly in the northeastern states, saying it is based on several factors. These include the “fundamental differences in population density, constitutional obligation to protect indigenous culture, economic and social incapacity/impact in case of mass migration and reasons related to national security,” the affidavit said.


The Ministry of Interior also addressed the issues raised by the political groups and student organizations in Assam and Tripura.

It said the concerns of indigenous people in the northeastern states, especially Assam and Tripura, have been taken into account and that the CAA would not change the demographics of these states or allow an influx of illegal immigration. It also denied the petitioners’ argument that the CAA is violating the provisions of the Assam Accords.

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“CAA is only eligible for a class of foreigners who had taken refuge in India on or before 31/12/2014 because of the persecution they faced in three specified countries because of their religion. It is stated that CAA does not encourage future influx from foreigners to India, as it applies to past events and does not apply to the future. Therefore, the CAA does not violate Article 29 of the Constitution,” the affidavit said, while raising concerns about the effect of CAA on the Northeastern States and Assam. mainly.


The affidavit details the steps being taken to prevent illegal migration and also included details of the work being done to build border roads and outposts. It added that border fences and border flood lighting have also been put in use “to ensure that no illegal migrant can sneak into India”.

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