Citizenship in Limbo: Why Assam’s Citizenship Amendment Act (CAA) Pathway Struggled to Gain Traction
Global Voices
- The Assam government’s push to move eligible individuals from Foreigners Tribunal proceedings to the Citizenship (Amendment) Act (CAA) has seen minimal success, with only six people granted citizenship as of July 2026.
- Over 73,000 cases remain pending before Foreigners Tribunals, and more than 172,000 people have been declared foreigners since the tribunals' inception.
- Eligible applicants are largely avoiding the CAA process, fearing that identifying as migrants under the law will undermine their existing efforts to prove Indian citizenship through the National Register of Citizens (NRC).
The Shift in Policy
- In July 2025, Assam authorities directed officials to prioritize CAA applications over continuing tribunal proceedings for eligible individuals.
- The policy created a dual-track system that shields many non-Muslims from tribunal scrutiny while leaving Muslim residents at risk of continued proceedings, detention, and deportation.
- The ruling BJP party maintains this approach as it consolidated significant political support during the May 2026 state elections.
Barriers to Implementation
- Legal experts and rights groups warn that the CAA application process forces individuals to admit to being migrants from countries like Bangladesh, which could effectively nullify ongoing legal defenses.
- Critics, including legal scholars like Dr. Mohsin Alam Bhat, argue that Foreigners Tribunals lack the impartiality and standards required to handle citizenship cases, posing a significant risk of statelessness.
- Despite government directives, many families—such as those represented by the Citizens’ Rights Preservation Committee—remain unwilling to risk their primary citizenship claims for the CAA path.
Ongoing Legal Uncertainty
- The government has provided limited data on the initiative, leaving it unclear how many people were actually assisted or how many tribunal cases were closed as a result.
- The judiciary continues to intervene, with the Supreme Court of India recently overturning several tribunal decisions due to procedural failures, highlighting deep-seated issues within the verification system.