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.
Authors
- Parihar Supriya Ashokbhai
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
- 0.00