The Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019 tells about the ammendments made by the govt in the citizenship….

Acquisition of citizenship by illegal migrants

• Prohibited from acquiring Indian citizenship.
• May be imprisoned or deported under the
  Foreigners Act, 1946 and the Passport (Entry
  into India) Act, 1920

The Backdrop…

• In September 2015 and July 2016, the
  central government exempted certain groups
  of illegal migrants from being imprisoned or
  deported under the 1920 & 1946 acts.
• These are illegal migrants who came into
  India from Afghanistan, Bangladesh, or
  Pakistan on or before December 31, 2014,
  and belong to the Hindu, Sikh, Buddhist,
  Jain, Parsi, or Christian religious
  communities.

The Act – Provisions

• The Act states that the specified class of illegal
  migrants (Hindu, Sikh, Buddhist, Jain, Parsi, or
  Christian religious communities) from the three
  countries (Afghanistan, Bangladesh, or Pakistan)
  will not be treated as illegal migrants, making
  them eligible for citizenship.
• On acquiring citizenship, such migrants shall be
  deemed to be Indian citizens from the date of their
  entry into India and all legal proceedings regarding
  their status as illegal migrants or their citizenship
  will be closed.

The Act allows a person to apply for citizenship
by naturalisation, if the person meets certain
qualifications.

• One of the qualifications is that the person
  must have resided in India or been in
  central government service for the last 12
  months and at least 11 years of the
  preceding 14 years.
• For the specified class of illegal migrants,
  the number of years of residency has been
  relaxed from 11 years to five years.

The Act adds a new ground for cancelling OCI registration —
violation of any law notified by the central government.

Applicability of provisions across the country

• The amendments on citizenship to the specified class of
  illegal migrants will not apply to certain areas.

Issues

Possible violation of Art 14
Differential treatment to illegal
migrants on the basis of

• their country of origin
• religion
• date of entry into India
• place of residence in India.
• Anti-secular nature
• OCI card cancellation ground is vague.

Acquisition of Citizenship

(1) By birth:

• 26th Jan’50 – 1st July’87 – by birth regardless of nationality of
  parents
• 1st July’87 – 3rd Dec’04 – if either of his parents is a citizen of
  India at the time of his birth.
• After 3rd Dec’04 – if both of their parents are citizens of India or
  one of whose parents is a citizen of India and the other is not
  an illegal migrant at the time of their birth.

(2) By descent:

• 26th Jan’50 – 10th Dec’92 – if his father was a citizen of
  India at the time of his birth.
• After 10th Dec’92 – if either of his parents is a citizen of
  India at the time of his birth.
  However, from 3rd Dec’04 onwards, birth of the child is registered
  at an Indian Consulate within one year of the date of birth

(3) By Registration:

• The Central Government may, on an application, register as a citizen
  of India, any person (not being an illegal migrant) if he belongs to
  various categories. For e.g.
• PIO who is ordinarily resident in India for 7 years
• A person who is married to a citizen of India and is ordinarily
  resident in India for 7 years
  Note: PIO – He, or either of his parents, was born in undivided
  India or in such other territory which became part of India
  after the 15th August, 1947.

(4) By Naturalisation:

• He/she is not a subject or citizen of any country where citizens of
  India are prevented from becoming subjects or citizens of that country
  by naturalisation;
• If he/she is a citizen of any country, he undertakes to renounce the
  citizenship of that country in the event of his application for Indian
  citizenship being accepted;
• During the fourteen years immediately preceding the said period of
  twelve months, he has either resided in India or been in the service of
  a Government in India, or partly the one and partly the other, for
  periods amounting in the aggregate to not less than eleven years;

Note: Central Govt may waive all or any of the conditions for
naturalisation in the case of a person who has rendered
distinguished service to science, philosophy, art, literature,
world peace or human progress.
Oath of allegiance to India is also administered.

(5) By Incorporation of Territory

• If any foreign territory becomes a part of India

Loss of Citizenship

(1) By Renunciation:

• Any citizen of India of full age and capacity can make a
  declaration renouncing his Indian citizenship.
• However, if such a declaration is made during a war in which
  India is engaged, its registration shall be withheld by the
  Central Government.

(2) By Termination:

• When an Indian citizen voluntarily acquires the citizenship of
  another country, his Indian citizenship automatically
  terminates.
• This provision, however, does not apply during a war in which
  India is engaged.

(3) By Deprivation:

• Compulsory termination of Indian citizenship by the
  Central government, if the citizen has:
• obtained the citizenship by fraud
• shown disloyalty to the Constitution of India
• unlawfully traded or communicated with the enemy during a
  war;
• within five years after registration or naturalisation, been
  imprisoned in any country for two years; and
• been ordinarily resident out of India for seven years
  continuously.