CAA Rules are still ‘under preparation’, says MHA in an RTI response

Dec. 15: The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament on 11 December, 2019 and got the President’s assent the very next day. However, without framing the rules, the legislation cannot be implemented. A gazette notification by the Ministry of Home Affairs said that the CAA came into force from January 10, which implies that the six-month period expired on July 10.

According to the Manual of Parliamentary Procedures in the Government of India, “Statutory rules, regulations and bye-laws will be framed within a period of six months from the date on which the relevant statute came into force.” Following the expiry of the period, the Ministry of Home Affairs (MHA) sought an extension of three more months, which was scheduled to expire on October 10. Following this, the MHA sought another extension of three months. In the meantime, the new Chairman Balashowry Vllabbhaneni assumed the responsibility of the Subordinate Legislation Committee on October,16.

Thereafter, the MHA again sought an extension and which has been granted by the Chairman. The said extension period will expire in the month of January, 2021. On 9 December, 2020, the first written response from the MHA came in reply to a question filed by Ananda Debsharma resident of Silchar under RTI Act. B.C.Joshi, Director of Citizenship Wing under Foreigners Division of MHA, said in the reply that, “It is to inform that rules under the Citizenship(Amendment) Act,2019 (CAA) are under preparation.”