Citizenship (Amendment) Act, 2019

Why in news?

• Two years after the Citizenship (Amendment) Act, 2019 (CAA) was passed by Parliament, the Ministry of Home Affairs (MHA) is yet to notify the rules governing the Act.
• The legislation cannot be implemented without the rules being notified.

Salient provision of the Act

• Definition of illegal migrants:
  • The Citizenship Act, 1955 prohibits illegal migrants from acquiring Indian citizenship. It defines an illegal migrant as a foreigner: (i) who enters India without a valid passport or travel documents, or (ii) stays beyond the permitted time
  • The Citizenship (Amendment) Act, 2019  amends the Act to provide that that the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014, will not be treated as illegal migrants.
  • In order to get this benefit, they must have also been exempted from the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 by the central government.
  • The 1920 Act mandates foreigners to carry passport, while the 1946 Act regulates the entry and departure of foreigners in India.
• Citizenship by registration or naturalisation:
  • The Citizenship Act, 1955 allows a person to apply for citizenship by registration or naturalisation, if the person meets certain qualifications.
  • For instance, if a person resides in India for a year and if one of his parents is a former Indian citizen, he may apply for citizenship by registration.
  • To obtain citizenship by naturalisation, one of the qualifications is that the person must have resided in India or have been in service of the central government for at least 11 years before applying for citizenship.
  • The Citizenship (Amendment) Act, 2019   creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification. For these groups of persons, the 11 years’ requirement will be reduced to five years.
  • On acquiring citizenship: (i) such persons will be deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closed.
  • These provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, included in the Sixth Schedule to the Constitution.
  • These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.
  • Further, it will not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873.  In these areas, visits by Indians are regulated through the Inner Line Permit.  Currently, this permit system is applicable to Arunachal Pradesh, Mizoram, and Nagaland.
• Cancellation of registration of OCIs:
  • The Citizenship Act, 1955 provides that the central government may cancel registration of OCIs on certain grounds.
  • These include: (i) if the OCI has registered through fraud, or (ii) if within five years of registration, the OCI has been sentenced to imprisonment for two years or more, or (iii) if it becomes necessary in the interest of sovereignty and security of India.
  • The Citizenship (Amendment) Act, 2019 adds one more ground for cancelling registration, that is, if the OCI has violated the provisions of the Act or of any other law as notified by the central government.  The orders for cancellation of OCI should not be passed till the OCI cardholder is given an opportunity to be heard.

PRACTICE QUESTION:

Which of the following statements is/are correct regarding citizenship in India?

1. A bill for the purpose of regulating citizenship shall be passed by both the houses of Parliament

2. Citizenship will be terminated if one shows disloyalty to the Constitution of India

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer