A PIL before the Calcutta High Court highlights the delay in issuing Citizenship Certificates under the CAA 2019, leaving thousands facing statelessness and voter exclusion, and urging urgent judicial intervention for justice and inclusion.
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KOLKATA: A Public Interest Litigation (PIL) has been filed before the Calcutta High Court (Appellate Side) challenging the delay in issuance of citizenship certificates under the Citizenship (Amendment) Act, 2019, and the Citizenship (Amendment) Rules, 2024, and the non-recognition of acknowledgment receipts during the Special Intensive Revision (SIR) of electoral rolls in West Bengal, which began on November 4, 2025.
The PIL, W.P.A. (P) No. 480 of 2025, filed by AATMADEEP, an NGO registered under NITI Aayog and represented by its Chairman Prasun Maitra, contends that the administrative inaction by the Union of India and Election Commission authorities has created a grave constitutional and humanitarian crisis, exposing thousands of persecuted minorities from Afghanistan, Bangladesh, and Pakistan to statelessness, disenfranchisement, and social exclusion.
Background and Legal Context
The Citizenship Amendment Act (CAA), 2019, was enacted to facilitate the grant of Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian minorities/refugees from neighboring countries who entered India before December 31, 2014, fleeing religious persecution.
In March 2024, the Government notified the Citizenship (Amendment) Rules, 2024, launching an online portal for eligible applicants. Upon submission, each applicant receives an official acknowledgment receipt, the only proof of application under the Act. However, despite the submission of thousands of applications, not a single citizenship certificate has reportedly been issued, leaving applicants in legal uncertainty.
With the ongoing Special Intensive Revision (SIR) of electoral rolls, applicants, whose citizenship determination is still pending, now face the risk of being excluded from voter lists, as their acknowledgment receipts are not being accepted as proof of nationality.
Constitutional Crisis and Legal Issues
The petitioner argues that the delay in the issuance of citizenship certificates and the non-recognition of acknowledgment receipts constitute a serious constitutional crisis, violating fundamental rights guaranteed under Articles 14, 21, and 326 of the Constitution of India.
The Points of Law raised in the PIL highlight the following constitutional and statutory issues:
- Administrative Delay and Constitutional Violation:
Whether the prolonged delay in granting citizenship certificates and the refusal to recognize acknowledgment receipts have created a crisis that violates the constitutional protection of equality, due process, and the right to vote. - Acknowledgment Receipts as Provisional Proof:
Whether the acknowledgment receipts generated under the Citizenship (Amendment) Rules, 2024, should be treated as valid provisional proof of pending citizenship applications, especially for inclusion or retention in electoral rolls during SIR. - Doctrine of Legitimate Expectation:
Whether applicants, acting in compliance with the prescribed online procedures, had a legitimate expectation of timely decision-making in accordance with the Citizenship Rules, 2009. - Transparency and Accountability:
Whether the indefinite silence and absence of updates from the authorities violate the principles of transparency, reasonableness, and fairness under Articles 14 and 21. - International Human Rights Obligations:
Whether the respondents’ inaction violates Article 15 of the Universal Declaration of Human Rights (UDHR), which guarantees the right to nationality and protection from statelessness. India, as a signatory, bears an obligation to uphold these principles. - Violation of Electoral Rights:
Whether exclusion of applicants during the Special Intensive Revision (SIR) process contravenes the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, thereby infringing the constitutional right to political participation under Article 326.
Grounds of the Petition
The writ petition elaborates on multiple grounds of challenge, emphasizing that:
- Administrative lethargy in processing citizenship applications amounts to maladministration and arbitrariness.
- Acknowledgment receipts are official, verifiable documents evidencing submission of applications and must be accepted as provisional proof.
- Non-recognition of these receipts effectively penalizes applicants for delays beyond their control, which is constitutionally impermissible.
- The denial of voting rights during the electoral roll revision process would cause irreparable harm and undermine democratic participation.
- India’s international commitments under the UDHR and related human rights conventions impose a duty to prevent statelessness and ensure fair nationality determination procedures.
Reliefs Sought
The petitioner NGO, Aatmdeep, has prayed for the following key directions from the Hon’ble Court:
- A writ of mandamus directing the Union of India, Election Commission of India, and State Election Commission, West Bengal, to treat acknowledgment receipts issued under the CAA Rules, 2024, as valid provisional proof of citizenship applications during the Special Intensive Revision (SIR).
- An order of injunction restraining authorities from deleting or excluding such applicants from voter rolls.
- Directions to establish a clear timeline and monitoring mechanism for processing pending CAA applications.
- Creation of a grievance redressal mechanism for applicants facing issues due to administrative delay.
- Ad-interim protection to ensure that pending applicants are not disenfranchised during the ongoing electoral revision.
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Constitutional Principles in Question
This PIL rests on deeply rooted constitutional doctrines and judicial precedents:
- Doctrine of Reasonableness and Non-Arbitrariness (Article 14): Authorities must act fairly, reasonably, and within a predictable timeframe.
- Right to Life, Dignity, and Livelihood (Article 21): Citizenship status affects access to social welfare, livelihood, and dignity.
- Right to Vote (Article 326): Denying voter registration to pending applicants results in arbitrary disenfranchisement.
- Principles of Natural Justice: Applicants must be given a fair opportunity to prove eligibility and not be penalized for procedural lapses of the State.
- Legitimate Expectation: The government is bound to fulfill its procedural commitments made through the official CAA application portal.
India’s commitment under Article 15 of the Universal Declaration of Human Rights, that “everyone has the right to a nationality” and “no one shall be arbitrarily deprived of his nationality”, forms a persuasive moral and legal standard. Prolonged administrative silence and lack of due process in deciding citizenship applications directly undermine these global commitments.
Case Title:
AATMADEEP Versus The Union of India & Ors.
WPA(P) 480 of 2025
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