The Role of Judiciary in Interpreting Citizenship Laws Affecting the Muslim Community in India

In recent years, the Muslim minority in India has pushed citizenship to the forefront of the country's most heated political and legal debates. In this article, we take a look at the Indian judiciary's significant role in interpreting citizenship rules, particularly in light of recent laws like the Citizenship (Amendment) Act, 2019 (CAA) and the court's reactions to the NRC and NPR. In light of the many claims of Muslim discrimination, this paper examines the judicial response to questions of secularism, equal protection under the law, and constitutional morality. The study examines seminal decisions and ongoing lawsuits to bring attention to the judiciary's dual responsibilities as a protector of basic rights and an institution subject to majority political pressure. Concerns about judicial independence and impartiality have been raised by anomalies and delays in adjudicating crucial citizenship-related matters, despite the courts' sometimes admirable prudence and dedication to constitutional principles. The article argues that the court should keep the democratic balance and make sure that citizenship rules don't become tools of religious exclusion or marginalization by analyzing the legislation, studying doctrine, and critically examining current case law.

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Publication Details

Journal
International Journal for Research in Applied Science and Engineering Technology
Published
2025-07-05
DOI
https://doi.org/10.22214/ijraset.2025.73015
Primary Topic
Bangladesh Politics, Society, and Development
Type
article
Field-Weighted Citation Impact
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article

The Role of Judiciary in Interpreting Citizenship Laws Affecting the Muslim Community in India

Parihar Supriya Ashokbhai
International Journal for Research in Applied Science and Engineering Technology
Bangladesh Politics, Society, and Development
article

The Role of Judiciary in Interpreting Citizenship Laws Affecting the Muslim Community in India

Parihar Supriya Ashokbhai
article en

Abstract

In recent years, the Muslim minority in India has pushed citizenship to the forefront of the country's most heated political and legal debates. In this article, we take a look at the Indian judiciary's significant role in interpreting citizenship rules, particularly in light of recent laws like the Citizenship (Amendment) Act, 2019 (CAA) and the court's reactions to the NRC and NPR. In light of the many claims of Muslim discrimination, this paper examines the judicial response to questions of secularism, equal protection under the law, and constitutional morality. The study examines seminal decisions and ongoing lawsuits to bring attention to the judiciary's dual responsibilities as a protector of basic rights and an institution subject to majority political pressure. Concerns about judicial independence and impartiality have been raised by anomalies and delays in adjudicating crucial citizenship-related matters, despite the courts' sometimes admirable prudence and dedication to constitutional principles. The article argues that the court should keep the democratic balance and make sure that citizenship rules don't become tools of religious exclusion or marginalization by analyzing the legislation, studying doctrine, and critically examining current case law.

International Journal for Research in Applied Science and Engineering TechnologyVol. 13(7)
Openalex Percentile: Top 80%
Bangladesh Politics, Society, and Development
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