CAA: Home Ministry misses deadline to finalise rules

July 15: The Citizenship Amendment Bill, 2019 (CAB) was considered and passed by Lok Sabha and Rajya Sabha on December 9, 2019 and December 11, 2019, respectively. On receiving assent of the President of India, it was enacted on December 12, 2019 and became the Citizenship Amendment Act, (CAA) 2019. It came into force on January 10, 2020.

Unless the rules are framed and notified, the Act cannot be implemented and practically remains ineffective.
As per norms, rules to be made under a statute should be made as soon as possible and no later than six months from the date on which the statute comes into force. If it is not possible for the ministry to adhere to this timeline, it should state the reasons and seek an extension from the committee on subordinate legislation. Such extension being not more than for a period of three months at a time. The request should be made after obtaining the approval of the Minister.

Following the expiry of the period of six months, statutorily, the MHA sought an extension for four consecutive times due to administrative measures taken in response to COVID-19 pandemic, and the subsequent effect on the office functioning, framing of the aforesaid rules could not be finalized. This was revealed in an RTI reply by the government (Lok Sabha Secretariat reply dated-15-07-2021). Accordingly, the Committee on Subordinate Legislation has granted extension of time as per the details given below:

1. From 9.07.2020 to 9.10.2020
2. From 10.10.2020 to 9.01.2021
3. From 10.01.2021 to 9.04.2021
4. From 10.4.2021 to 9.07.2021

On 30th March, 2021,the Director (Citizenship) Viz. Mr. B.C.Joshi has sought an extension before the Director, Committee on Subordinate Legislation, Lok Sabha and he specifically stated para 3 in this letter that extension of time by three more months i.e. upto 09.07.2021 for framing statutory Rules under the Citizenship (Amendment) Act, 2019 ” may be sought from” the Committee on Subordinate Legislation, Lok Sabha. Accordingly, this period was extended. As per RTI reply dated 15th day of July, 2021, the subordinate legislation has granted extension upto 9th day of July,2021.

Section 18 of the Citizenship Act,1955 as amended up-to-date, the Central Government may, by notification in the official Gazette make rules to carry out the purposes of this Act. But, MHA missed the said extension period for making rules to implement the Citizenship Amendment Act,2019 as per RTI reply dated 15th day of July,2021.