According to a report by the Congressional Research Service (CRS), an independent research arm of the US Congress, some provisions of the Citizenship Amendment Act (CAA) are likely to violate the Indian Constitution. Amending India's Citizenship Act of 1955, it came into effect in March this year. It paves the way for granting citizenship to undocumented non-Muslim migrants who came to India from Pakistan, Bangladesh and Afghanistan before December 31, 2014.

According to the report, “Six religious refugees from three countries will be granted citizenship, but Muslims are not on that list. Such a position will undermine the ideal of religious neutrality enshrined in the Indian Constitution.”

The report mentioned that the decision to implement CAA just before the Lok Sabha elections was political. Opponents of the CAA are reportedly concerned that the ruling BJP pursues an anti-Muslim agenda that threatens India's status as an officially secular republic. They are also concerned that the implementation of this law may violate international human rights norms and obligations. The report also noted that the implementation of the CAA came in the midst of the BJP's second national election campaign and some observers see the timing as "mainly motivated by politics".

Quoting critics, the US report further claimed, “CAA is designed to protect only members of 'approved' religions. Thus furthering the alleged Modi-BJP efforts to undermine India's secular ethos.”

Earlier, the Biden administration had expressed concern about the notification of the Citizenship Amendment Act in India and said it was closely monitoring the implementation of the controversial law. India has rejected the criticism and has consistently maintained its position that the CAA is primarily aimed at granting citizenship. In a statement, the Center assured that no citizen of the country will lose their citizenship as a result of this act.

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