Topic 1 : Wrong messaging
Context
The underpinning of religion in the implementation of CAA is problematic.
CAA and its provisions
- The legislation grants citizenship to six minorities (Hindu, Sikh, Buddhist, Jain, Parsi, and Christian) fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh.
- The citizenship will be granted to those who entered India from these countries on or before December 31, 2014.
- CAA 2019 amends the Citizenship Act of 1955. The amendment relaxes the residence requirement for naturalization of these migrants from eleven years to five.
- CAA exempts the members of the six communities from any criminal case and deportation under the Foreigners Act, 1946 and the Passport Act, 1920.
- Exceptions to the Act: The provisions on citizenship for illegal migrants will not apply to two categories-
- States protected by the ‘Inner Line Permit’
- Areas covered under the Sixth Schedule of the Constitution
Arguments in favour of CAA
- Dignified life for refugees- The CAA would help to remove legal barriers to rehabilitation and citizenship and give a dignified life to refugees who have suffered for decades.
- Protection of Rights- Citizenship rights will protect the cultural, linguistic, and social identity of the refugees while ensuring economic, commercial, free movement and property purchase rights.
- Relief to victims of Partition- CAA provides relief to the victims of partition who were facing religious persecutions on account of becoming religious minorities after the subsequent conversion of Pakistan, Bangladesh and Afghanistan into theocratic Islamic republics.
Arguments against the CAA
- Against the right to equality- Critics have argued that using religion as a qualifier or a filter violates the fundamental right to equality granted by Article 14 of the constitution.
- Violation of Secularism- Making religion a ground for eligibility for citizenship violates secularism, which is a basic feature of the Constitution
- Discriminatory towards Muslims- Critics have argued that the National Register of Citizens (NRC) in Assam to identify illegal immigrants, along with the CAA which provides citizenship to all illegal immigrants except Muslims, will result in the targeting of Muslims.
- Exclusion of other persecuted minority groups- Other persecuted minority groups like the Tamil Hindus in Sri Lanka, the Rohingya in Myanmar, or minority Muslim sects like Ahmadiyyas and Hazaras in Pakistan, Afghanistan have been excluded from the Act.
Way forward
- The government must allay the fears of a nationwide NRC among the Muslim community, which they feel can deprive them of their citizenship rights in case of failure to provide the requisite documents.
- The central government must assuage the fears of the North-eastern states like Assam regarding the impact of CAA on their cultural and ethnic identity.
Topic 2 : On judges and bureaucrats joining politics
Context
Recently a Calcutta High Court judge and a senior IPS officer in West Bengal resigned from their posts and joined political parties. This has once again raised questions of propriety about independent constitutional authorities and other senior government officials joining political parties after demitting office.
The constitutional restrictions
- The Constitution works on the principle of checks and balance between various organs.
- The executive is accountable to the legislature. An independent judiciary keeps a check on both these branches of the State.
- There are also other independent bodies like the Election Commission, Public Service Commission, Comptroller and Auditor General (CAG) who are required to perform their constitutional duties without any interference from the government.
- The independence of these institutions is ensured through guaranteeing fixed tenure, financial independence, stringent removal procedure and restrictions after demitting office.
- A judge of a Supreme Court after ceasing to hold office cannot appear as a lawyer before any court or authority in India.
- A judge of a High Court has similar restrictions except for appearance before the Supreme Court or other High Courts.
- The CAG and the chairman/members of the Public Service Commission cannot take up any other employment with Central or State governments after demitting office.
- These restrictions are laid down to avoid favouritism, during the period of holding such positions, towards the government in power with an intent of securing any post-retirement benefit.
Restrictions towards political posts
- There are no restrictions when it comes to joining political parties, contesting elections or being nominated to certain posts.
- There are notable instances of persons who held independent constitutional posts and later went on to join politics or were nominated to various posts.
- There have also been occasions where retired CAG and judges have been appointed as Governors of States.
- Numerous bureaucrats have also joined political parties and contested elections after resigning from service or soon after their retirement.
Recommendations
- The Election Commission had in 2012 recommended to the Union government to provide for a cooling-off period for top bureaucrats after their retirement before they could join political parties and contest elections.
- However, the Government had rejected this recommendation based on the opinion of the Attorney General that this may not be in line with constitutional provisions and democratic values.
- The supreme court observed that it is for the legislature to determine whether a cooling-off period is required for bureaucrats before they join politics after retirement.
Way forward
- It is equally imperative to remember the famous judicial quote that ‘justice should not only be done but should also be seen to be done’.
- This applies equally to judges, independent constitutional authorities and senior bureaucrats.
- It is an indispensable trait while discharging their official functions. Extending this principle even after they demit office will have a salutary effect.
- This may be achieved by prescribing a cooling-off period of say at least two years for joining political parties or being nominated to political posts by the government.
- This will instil confidence in the public at large and negate any allegation of quid pro quo.