THE CITIZENSHIP (AMENDMENT) BILL, 2019

THE CITIZENSHIP (AMENDMENT) BILL, 2019 – The rules for the controversial Citizenship (Amendment) Act, passed in 2020, were notified today, weeks before the nation votes to elect a new government. The Centre had maintained that rules will come into effect before 2024 polls.

Central Government notifies implementation of Citizenship Amendment Act (CAA). pic.twitter.com/zzuuLEfxmr

— ANI (@ANI) March 11, 2024

The Citizenship Act, 1955 was enacted to provide for the acquisition and determination of Indian citizenship. On 7th September 2015 and 18th July 2016, the Government of India had issued two notifications for amending the Passport (entry into India) Rules, 1950 and the Foreigners Order 1948.

Now, the Government of India proposes to introduce the Citizenship (Amendment) Bill, 2019 to further amend the Citizenship Act, 1955. The Citizenship (Amendment) Bill, 2019 provides that certain groups of illegal migrants as per provisions of the Citizenship Act, 1955 can now become eligible for applying for Indian Citizenship. It also proposes to reduce the required period of their residence in India for naturalisation under the Principal Act. Detailed Objects and Reasons of the Bill are at Annexure.

THE CITIZENSHIP (AMENDMENT) BILL, 2019

The Salient features of the Amendment Bill, 2019, inter-alia, are as follows:

i. The Bill inter-alia seeks to amend Section 2, Section 7 (d), Section 18 and the Third Schedule of the Citizenship Act, 1955. The Bill also makes provision for insertion of Section 6B in the Principal Act.

ii. The proposed amendment in Section 2 of the Citizenship Act, 1955 provides that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act.

iii. The proposed insertion of Section 6B provides for grant a certificate of registration or certificate of naturalization to those covered under the amendment of Section 2. It also provides that from the date of
commencement of the Citizenship Amendment Act, 2019, any proceeding pending against a person covered under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.

iv. Provisions of the proposed Section 6B of the Bill shall not apply to tribal areas of Assam, Meghalaya, Mizoram and Tripura as included in the Sixth Schedule of the Constitution and the area covered under \”The Inner Line\” notified under the Bengal Eastern Frontier Regulation, 1873.

v. In the Third Schedule to the Principal Act, the proviso in Clause(d) is proposed to be inserted to the effect that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan,
Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as \”not less than five years\” in place of \”not less than eleven years”.

vi. Section 7D of the Citizenship Act, 1955 provides for the cancellation of registration as overseas citizen of India. The new Clause (da) proposed to be inserted after Clause (d) of Section 7D of the Principal Act adds one more category falling within the ambit of cancellation. Now, it proposes to include those Overseas Citizens of India Cardholder who have violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette.

DOWNLOAD Full PDF official document file

Top 5 points

1. The law seeks to provide citizenship to Hindus, Jains, Christians, Sikhs, Buddhists and Parsis who came to India on or before December 31, 2014 from Bangladesh, Pakistan and Afghanistan.
2. The Indian citizenship will be granted to the immigrant who has lived in India in the last one year and at least five of the last 14 years. Earlier for the migrants, citizenship by naturalisation was 11 years.
3. The law exempts the tribal areas of Assam, Meghalaya, Mizoram, and Tripura as included in Sixth Schedule of the Constitution including the tribal areas of Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal areas district in Tripura.
4. There were massive protests in some parts of the country, including the Northeastern region, after the CAA was passed by Parliament in December 2019 and got the presidential assent.
5. Union Home Minister Amit Shah had earlier said CAA rules would be notified and implemented before the Lok Sabha polls.