Consider the scenario where Asad and Amit have both entered India illegally. Under the Citizenship Act as it existed till December 2019, both would have been considered “illegal migrants” under Section 2(1)(b). If they had produced any offspring in India, even if with an Indian spouse, their children too would be considered “illegal immigrants” under Section 3(1)(c). But with the amended Citizenship Act, legal proceedings against Amit and his children shall abate and they will be rewarded with fast-tracked Indian citizenship. Poor Asad, who too left his home and made the arduous journey to a foreign land, would never be eligible for Indian citizenship since Sections 5(1) and 6(1) of the Citizenship Act which provide for citizenship through registration or naturalisation say that an illegal migrant cannot become Indian. In other words, the Muslim migrant and his children must suffer this injustice – and the plight of perpetual statelessness if no country is willing to accept them as their citizens – simply because they are Muslim.

Why Harish Salve’s Defence of the CAA Is Wrong in Law