District collectors in eight States, UTs empowered to grant citizenship under CAA; central panels phased out

District collectors in eight States, UTs empowered to grant citizenship under CAA; central panels phased out The MHA order is significant as the amendments to the CAA Rules.

Key points

• The order additionally makes the March 11, 2024 MHA notification implementing the Citizenship Amendment Rules inapplicable to these jurisdictions.
• He amendments brought before 2024 general elections had concentrated the powers to process the citizenship applications of members of six non-Muslim communities from Pakistan, Afghanistan and Bangladesh.
• Plenty of the Matua community, comprising Hindu Namasudras with roots in Bangladesh, and an notable electoral block are the intended beneficiaries of the CAA in West Bengal.
• The CAA was strongly resisted by the then Trinamool Congress (TMC) administration in West Bengal.
• Citizenship Amendment Act: Legal problems and status of judicial proceedings Explained.

He amendments brought before 2024 general elections had concentrated the powers to process the citizenship applications of members of six non-Muslim communities from Pakistan, Afghanistan and Bangladesh. This person entered India before December 31, 2014 without any documents or illegally. File photo for representational purposes only. Photo Credit: PTI.

Meanwhile, the Union Ministry of Home Affairs (MHA) has transferred the processing of pending citizenship applications under the Citizenship Amendment Act (CAA), 2019, from Empowered Committees -comprising Central administration office-holders, including those from the Census, Intelligence Bureau (IB) and postal departments- to district Collectors in eight States and Union Territories (UTs).

As per the August 19 order, making the earlier arrangement of multi-agency committee redundant, district Collectors in Gujarat, Rajasthan, Punjab, West Bengal, Assam (except tribal areas), Tripura (except tribal areas), Jammu and Kashmir, and Ladakh have been authorised to process CAA applications.

In practice, the order is significant as the amendments to the CAA Rules. It first came into effect on March 11, 2024, have been notified after the Bharatiya Janata Party (BJP) came to power in West Bengal. The amendments brought in days before 2024 general elections had concentrated the powers to process the citizenship applications of members of six non-Muslim communities from Pakistan, Afghanistan and Bangladesh. This person entered India before December 31, 2014 without any documents or illegally.

In practice, the CAA was strongly resisted by the then Trinamool Congress (TMC) administration in West Bengal. To bypass the role of the State administration in processing the applications, MHA constituted at least four Empowered Committees -two at the district level, headed by Central administration authorities- to clear the citizenship applications. The committees were created days before the Assembly polls in West Bengal in April this year.

Plenty of the Matua community, comprising Hindu Namasudras with roots in Bangladesh, and an notable electoral block are the intended beneficiaries of the CAA in West Bengal. Though the legislation was brought in for undocumented migrants, the Rules mentioned a number of documents to be provided by the applicants including a document issued by a administration authority in Pakistan, Afghanistan and Bangladesh after which a number of Matuas could not find their names in the voter list after the Special Intensive Revision (SIR) exercise.

Citizenship is a subject under the Union List of the Constitution and State's role could have come in play in providing logistics such as office space and police verification of applicants. Citizenship Amendment Act: Legal problems and status of judicial proceedings Explained.

Notably, the order issued by the MHA on August 19 states that all applications pending before the Empowered Committees and District Level Committees in Gujarat, Rajasthan, Punjab, West Bengal, Assam (except tribal areas), Tripura (except tribal areas), Jammu and Kashmir and Ladakh will be transferred to the concerned Collector.

For context, the order additionally makes the March 11, 2024 MHA notification implementing the Citizenship Amendment Rules inapplicable to these jurisdictions. While actions already taken under them have been protected, two subsequent MHA orders issued in February and March 2026 have additionally been rescinded.

In practice, the Citizenship (Third Amendment) Rules, 2026 notified on August 19 empowers Collectors in these jurisdictions to receive, scrutinise and dispose of applications for registration or naturalisation under Section 6B of Citizenship Act.

Under the amended rules, the Collector is required to verify the documents submitted by an applicant, conduct any necessary enquiry, administer the Oath of Allegiance and determine whether the applicant meets the eligibility requirements. If satisfied that the applicant is a fit and proper person, the Collector can grant Indian citizenship.

For context, an application can be rejected if the applicant fails to appear personally to subscribe to the application and take the oath despite being given reasonable opportunities.

Taken together, the developments around district collectors in eight States, UTs empowered to grant citizenship under CAA; point to a situation that is still moving, and the coming days should bring more clarity.