Can the Indian Constitution stop the controversial citizenship law?

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The citizenship law has shifted political dynamics in India Opinion | K S Dakshina Murthy

For the last 70 years, India has celebrated its coming of age as a republic with a slew of staid, official functions. But this year, on Sunday, January 26, it was a Republic Day with a difference.

For, the latest amendment has touched a raw nerve in the republic. The bill, for the first time, introduces a law that differentiates people based on their religion. According to the law, all those who illegally migrated to India from neighbouring Pakistan, Bangladesh and Afghanistan will be given citizenship unless they are Muslim.

What makes Muslims — who make up 20 percent of India’s population with an estimated 200 million in number — apprehensive is that the amendment comes close on the eve of a proposed exercise to determine who are Indian citizens and who are not. There are other questions too that have arisen out of the amendment. For instance, opponents ask about illegal migrants from other neighbouring countries, say Nepal, Sri Lanka and Myanmar?

In the Indian context, secularism is inclusive, meaning that the state supports all religions, and the constitution allows individuals to practice any religion of their choosing, without state interference. All major cities have seen some form of protest – in Kolkata, Bengaluru, Chennai, Mumbai, Patna, Lucknow and Trivandrum – in fact right across the country. Incredibly, no part of the country has been spared from the protests. Political parties like the Congress, the Janata Dal and Left Front besides regional outfits like the Trinamool Congress too have been active, but none has been allowed to hijack the protests which have remained firmly rooted and controlled by the people on the street.

 

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