Migrants not in CAA ambit to be deported: West Bengal CM Suvendu

West Bengal's opposition-led state government stated that migrants who do not fall within the ambit of the Citizenship Amendment Act (CAA) 2019 would be subj...

What Happened

West Bengal's opposition-led state government stated that migrants who do not fall within the ambit of the Citizenship Amendment Act (CAA) 2019 would be subject to deportation under applicable law.
The statement drew attention to the legal distinction between migrants who can apply for citizenship under the CAA and those who remain classified as illegal migrants under Indian law.
The CAA's eligibility criteria — covering six specified religious communities from three specified countries who entered India on or before 31 December 2014 — excludes a large population of undocumented migrants, including Rohingya Muslims from Myanmar and Muslim migrants from Bangladesh.
Deportation of persons not covered under the CAA would proceed under the Immigration and Foreigners Act, 2025 (which replaced the Foreigners Act, 1946 in September 2025), subject to procedural requirements including identification, detention, and verification of nationality.
The statement highlighted the ongoing tension between refugee protection norms and India's domestic immigration law, particularly given India's non-signatory status to the 1951 UN Refugee Convention.

Static Topic Bridges

Citizenship Amendment Act, 2019 — Provisions and Eligibility

The Citizenship Amendment Act, 2019 amends the Citizenship Act, 1955, to provide a pathway to Indian citizenship for illegal migrants belonging to six specified religious communities — Hindu, Sikh, Buddhist, Jain, Parsi, and Christian — who entered India from three specified countries: Afghanistan, Bangladesh, and Pakistan. It was notified on 12 December 2019 and rules were finally notified in March 2024.

Eligibility conditions (all four must be met simultaneously):
Belongs to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian community.
From Afghanistan, Bangladesh, or Pakistan (country of origin must be provable).
Entered India on or before 31 December 2014.
Not residing in tribal areas of Assam, Meghalaya, Mizoram, or Tripura covered by the Sixth Schedule, or areas under the Inner Line Permit (ILP) regime.
Qualifying migrants are fast-tracked to citizenship in 5 years of residency (reduced from the standard 11 years under Section 6 of the Citizenship Act, 1955).
Muslim migrants from these three countries, migrants from other countries (e.g., Myanmar, Sri Lanka), and migrants from the above three countries belonging to excluded communities do not qualify.
The CAA exempts qualifying migrants from prosecution under the (now repealed) Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 for illegal entry.

Connection to this news: The statement directly invokes the CAA's exclusionary perimeter: those outside the Act's eligibility criteria — including Muslim migrants and Rohingya — remain illegal migrants in law, subject to deportation mechanisms.

Citizenship Act, 1955 — Legal Framework for Citizenship Acquisition

The Citizenship Act, 1955 is the principal legislation governing acquisition and termination of Indian citizenship. It operationalises Part II of the Constitution (Articles 5–11), which set out citizenship at commencement but delegated ongoing citizenship law to Parliament.

Article 11 of the Constitution empowers Parliament to regulate citizenship by law.
Section 3 of the Citizenship Act: citizenship by birth (with conditions).
Section 5: citizenship by registration.
Section 6: citizenship by naturalisation — requires 11 years of residency (reduced to 5 for CAA-eligible persons).
Section 9: termination of citizenship on voluntarily acquiring citizenship of another country.
The CAA inserts a new proviso to Section 2(1)(b) defining "illegal migrant" — carving out qualifying migrants from the definition for purposes of citizenship processing.

Connection to this news: The CAA's amendment to Section 6A and the definition of "illegal migrant" creates a two-track system: those within the CAA carve-out gain a citizenship pathway; all others remain illegal migrants under the Citizenship Act framework.

Immigration and Foreigners Act, 2025 — Deportation Framework

The Foreigners Act, 1946 was a colonial-era statute governing the entry, stay, and exit of foreigners in India. It was replaced by the Immigration and Foreigners Act, 2025, which came into force on 1 September 2025, consolidating four earlier laws. The new Act provides the legal framework for identifying, detaining, and deporting illegal migrants.

The 2025 Act repealed the Foreigners Act, 1946; the Registration of Foreigners Act, 1939; the Passport (Entry into India) Act, 1920; and the Immigration (Carriers' Liability) Act, 2000.
It establishes the Bureau of Immigration as the nodal body for immigration enforcement.
The burden of proof regarding citizenship status lies on the person: if it cannot be proved that a person is an Indian citizen, they are presumed to be a foreigner (carrying forward the Section 9 principle of the old Foreigners Act).
Penalties for illegal entry: up to 5 years imprisonment and ₹5 lakh fine.
Penalties for using forged documents: 2–7 years imprisonment and ₹1–10 lakh fine.
Overstaying or violating visa conditions: up to 3 years and ₹3 lakh fine.

Connection to this news: Deportation of non-CAA-eligible migrants operates under this new framework. The state government's statement signals intent to use the 2025 Act's enforcement powers against those who cannot demonstrate CAA eligibility or legal immigration status.

India's Position on Refugees and the Non-Refoulement Principle

India has not signed the 1951 UN Refugee Convention or its 1967 Protocol, which means it has no binding international legal obligation to recognise refugee status or provide non-refoulement protection (i.e., the principle that a refugee must not be returned to a country where they face serious threats to life or freedom). However, non-refoulement has been argued to be a customary international law norm binding on all states.

India treats all undocumented migrants as "illegal migrants" under domestic law, regardless of whether they fled persecution.
The Supreme Court has upheld the government's power to detain and deport illegal migrants, including Rohingya (Mohammad Salimullah v. Union of India, 2021 — the court declined to interfere with the government's decision to deport Rohingya).
India does not have a domestic refugee law; UNHCR operates under a 1951 agreement with the Indian government but its registration does not confer legal status.
Rohingya migrants, classified as illegal migrants from Myanmar (a country not covered by the CAA), have no legal pathway to citizenship under Indian law.

Connection to this news: Migrants from Myanmar (including Rohingya) and Muslim migrants from Bangladesh fall entirely outside CAA eligibility and are legally exposed to deportation under the 2025 Act, with no domestic refugee protection framework to invoke.

Key Facts & Data

CAA, 2019 notified: 12 December 2019; Rules notified: March 2024.
CAA eligibility cutoff date for entry into India: on or before 31 December 2014.
Six eligible communities: Hindu, Sikh, Buddhist, Jain, Parsi, Christian.
Three eligible countries of origin: Afghanistan, Bangladesh, Pakistan.
Residency requirement for naturalisation under CAA: 5 years (vs. standard 11 years under Section 6).
Immigration and Foreigners Act, 2025: in force from 1 September 2025; repealed Foreigners Act, 1946.
Penalty for illegal entry under 2025 Act: up to 5 years imprisonment and ₹5 lakh fine.
India is not a signatory to the 1951 UN Refugee Convention or the 1967 Protocol.
Article 11, Constitution of India: Parliamentary power to regulate citizenship.
Mohammad Salimullah v. Union of India (2021): Supreme Court on Rohingya deportation powers.