Citizen Amendment Act 2019

12 Mar 2024 Citizen Amendment Act 2019

Source- The Hindu and PIB.

General Studies – Indian Politics and Governance System, Citizenship, Union List, State List, Concurrent List, Centre – State Relations, Article 14, Provisions for citizenship in India.

Why in the News ? 

• Recently, on March 11, 2024, the Union Home Ministry of India has issued a notification regarding the Citizenship Amendment Act (CAA) 2019.
• With the release of this notification, this Citizenship Amendment Act 2019 will now be implemented in the entire country.
• The Citizenship Amendment Bill was introduced in the Lok Sabha on 9 December 2019 and the bill was passed in the Lok Sabha on 9 December 2019 itself. This bill was passed by the Rajya Sabha on 11 December 2019.
• The Citizenship (Amendment) Bill 2019 to amend the Citizenship Act 1955 was passed assent to the legislation on December 12, 2019 by former President of India Ramnath Kovind, but the legislation was not notified yet.
• Through the Citizenship Amendment Act 2019, religious minorities belonging to Hindu, Sikh, Jain, Buddhist, Parsi and Christian communities from India’s neighboring countries Pakistan, Bangladesh and Afghanistan will now find it easier to obtain Indian citizenship.
• Due to the global pandemic Corona, there was a delay in implementing the Citizenship Amendment Act 2019 in India, but now it has been notified and implemented by the Central Government.

Major provisions of the Citizenship Amendment Act 2019 :

• This Act makes illegal foreign immigrants from six religious communities from Afghanistan, Bangladesh and Pakistan, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, eligible for Indian citizenship.
• This law applies to those people who have taken refuge in India due to religious persecution in these countries neighboring India or who came to India as refugees due to persecution on religious grounds.
• Under the Citizenship Amendment Act 2019, only those refugees who entered India on or before 31 December 2014 are eligible for Indian citizenship.
• After acquiring citizenship, such migrants will be deemed to be Indian citizens from the date of their entry into India and all legal proceedings in respect of their status as illegal migrants or their citizenship will be discontinued.
• These illegal immigrants will get Indian citizenship through the naturalization process. The naturalization process requires a certain category of foreign national to reside in India for at least 11 years before applying for Indian citizenship.
• Under the Citizenship Amendment Act 2019, the required period of residence in India has been reduced from 11 years to only 5 years.
• Union Home Minister Amit Shah had mentioned the Nehru-Liaquat Pact on a few occasions in Parliament to justify the Citizenship Act.

Where will the Citizenship Amendment Act 2019 not be applicable?

• This Citizenship Amendment Act 2019 will not be applicable in the tribal areas of Assam, Meghalaya, Mizoram and Tripura, the states included in the Sixth Schedule of the Constitution of India.
• The Citizenship Amendment Act 2019 is also not applicable in areas where ‘Inner Line Permit’ is in place which includes the Indian states of Arunachal Pradesh, Nagaland, Mizoram and Manipur.

The main reasons for the Citizenship Amendment Act 2019 being controversial :

• One of the most important reasons why the Citizenship Amendment Act 2019 is a controversial law in India is that under this law, for the first time in India, citizenship is being or will be given on the basis of religion.
• One of the arguments against this law by legal experts in India is that this law goes against the secular character of India as a state as described in the Preamble/Preamble of the Constitution of India and it discriminates against Muslims. .
• Some legal experts also believe that implementing it across the country just before the 2024 Lok Sabha elections is being seen as BJP’s agenda to polarize votes in the country.

Arguments given by the Home Ministry of India in favor of the Citizenship Law :

• Not applicable to Indian citizens :  CAA does not apply to Indian citizens. Therefore it does not in any way abrogate or reduce the rights of any Indian citizen.
• The legal process for obtaining Indian citizenship remains unchanged
• Further, the existing legal process for acquiring Indian citizenship by a foreigner of any category as provided in the Citizenship Act, 1955 is in operation and the CAA does not amend or alter this legal position in any way.
• Therefore, Indian citizenship can be obtained only after fulfilling the eligibility conditions already provided in the law for registration or naturalization of legal immigrants of any religion from any country.
• Resolving issues related to North-East India : The annual report once again attempts to allay apprehensions regarding the law in the North-East, stating that Sixth Schedule of the Constitution areas under an Inner line permit Including the areas under governance will ensure the protection of the indigenous and tribal population of the region.

Citizenship laws in India : 

• Three types of lists are described in the Indian Constitution for making law on any subject, These lists are as follows – Union List, State List and Concurrent List.
• According to the Constitution of India, the right to make any kind of constitutional amendment or make any kind of law in the context of citizenship comes under the Union List.
• Therefore, according to Article 11 of the Indian Constitution, the Parliament of India has the power to make laws on citizenship. Using this power, the Parliament of India passed the Citizenship Act 1955.
• Therefore, this law makes provisions regarding the acquisition and termination of Indian citizenship. The Citizenship Amendment Act 2019 has amended the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi and Christian illegal immigrants from Afghanistan, Bangladesh and Pakistan eligible for citizenship.

New provision added in the Citizenship Amendment Act 2019 related to Indian citizenship : 

• The Citizenship Amendment Act 2019 has a provision for granting Indian citizenship by naturalization.
• Under this law, it is mandatory for the applicant to have resided in India during the last 12 months and for the last 11 months out of the last 14 years. This law extends the period from 11 years to 5 years for persons belonging to six religions (Hindu, Sikh, Jain, Buddhist, Parsi and Christian) and three countries (Afghanistan, Bangladesh and Pakistan).
• There is also a provision in this law that if any rule is violated then the registration of Overseas Citizen of India (OCI) cardholders can be canceled.

Method of obtaining Indian citizenship :

In Part II of the Indian Constitution, provisions related to citizenship of India are made from Article 5 to Article 11. The Citizenship Act 1955 was enacted in India regarding citizenship of India. In which the Constitution has been amended from time to time.

Citizenship of India is acquired by the Citizenship Act, 1955 by the following methods and conditions:– 

1. On the basis of birth,
2. On the basis of lineage,
3. Based on registration,
4. On the basis of naturalization,
5. On the basis of area covered,

Grounds for termination of Indian citizenship : 

According to the Indian Citizenship Act, 1955, any person can be deprived of Indian citizenship on the basis of the following three situations –

1. By voluntary sacrifice,
2. by dismissal,
3. on the basis of deprivation

Nature of citizenship in India :

• According to the Indian Constitution, the form of governance in India is federal but under the Centre-State relations in India, a dual governance system has been adopted.
• In India, there is a provision of only single citizenship i.s. Indian citizenship. Therefore, No separate citizenship system has been made for the states in India.
• Outside India, the system of dual citizenship has been adopted in other federal states, such as America and Switzerland.
• The system of dual citizenship can create problems of discrimination. This discrimination can be regarding voting rights, appointment to public posts, business etc.
• Dual citizenship is currently being sought for Tamil refugees, but since the concept of dual citizenship has no constitutional basis in India. That is why, on the recommendation of the L.M. Singhvi Committee constituted in the year 2000, a provision was made to provide dual citizenship to persons of Indian origin to deal with emergency situations.
• Considering the recommendations of the L.M. Singhvi Committee, the then Government of India made the provision of ‘Overseas Citizens of India (OCI)’ in the Citizenship Amendment Act, 2003. It has also been seen as a limited version of dual citizenship.
• Illegal immigrants can be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. The 1946 and 1920 Acts empower the Central Government to regulate the entry, exit and residence of foreigners within India. In 2015 and 2016, the Central Government had issued two notifications exempting certain groups of illegal immigrants from the provisions of the 1946 and 1920 Acts. These groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who came to India on or before December 31, 2014. This means that these groups of illegal immigrants will not be deported.

Main differences between Refugee and Migrant citizen :

• Refugees are forced to flee their country due to persecution or fear of being persecuted. While migration of a migrant from his country may be due to various reasons like employment, family, education etc. but it does not include persecution. Apart from this, the migrant (whether in his own country or in another country) continues to get the benefit of various types of protection from his own country.
• Exclusion of Sri Lankan refugees from the Citizenship Amendment Act passed in the year 2019 and the demand by some political parties to give them dual citizenship has once again brought this issue to the center of discussion, hence in such a situation it is very important to discuss the provisions related to Indian citizenship. becomes necessary.

Nehru – Liaquat Pact :

• It was an agreement between the governments of India and Pakistan regarding the protection and rights of minorities which was signed in Delhi in 1950 between the Prime Ministers of India and Pakistan, Jawaharlal Nehru and Liaquat Ali Khan.
• The need for such an agreement was felt by minorities in both countries after partition, which was accompanied by large-scale communal riots.
• In 1950, according to some estimates, more than one million Hindus and Muslims migrated from East Pakistan (present-day Bangladesh) amid communal tensions and riots such as the East Pakistan riots of 1950 and the Noakhali riots.

Major provisions of Nehru – Liaquat Pact :

• Refugees were allowed to return without molestation to dispose of their property.
• Abducted women and looted property were to be returned.
• Forced conversion was not recognised.
• Minority rights were confirmed.

Basis of agreement between India and Pakistan :

The Governments of India and Pakistan solemnly agree that to the minorities in each of their territories, full equality of citizenship, regardless of religion, full sense of security with respect to life, culture, property and personal dignity, freedom of movement, Will ensure freedom. within each country and freedom of occupation, speech and worship, subject to law and morality, the treaty states.

“Members of minorities shall have equal opportunities with members of the majority community to participate in the public life of their country, to hold political or other office and to serve in the civil and armed forces of their country. Both governments declare these rights as fundamental and work to implement them effectively.

Conclusion / Path to solution :

• An attempt has been made to allay apprehensions regarding law and order on the basis of the annual report issued regarding law and order in the North-Eastern states of India, in which it has been said that the Sixth Schedule of the Constitution It is important to ensure the protection of the indigenous and tribal population of the area by including areas under IPC and Inner Line Permit regime.
• The Citizenship (Amendment) Act, 2019 is a law to give the right to Indian citizenship to refugees who came to India after being persecuted on religious grounds from three neighboring countries of India.
• The Citizenship Amendment Act 2019 is a law to grant citizenship of India.
• The Citizenship Amendment Act 2019 will not result in the loss of citizenship of any Indian citizen, irrespective of his/her religion. This law is only for those people who had to endure oppression for years and who have no other place in the world except India.
• At present, India is an emerging global economic power, which has to keep pace with global aspirations as well as strategically and globally. Therefore, India has faced the problem of refugees many times before. In such a situation, the Government of India needs to adopt a liberal approach so that India’s concept of “Vasudhaiva Kutumbakam” can be successful.
• India may currently be in a better position to shape regional and global efforts on other emerging issues affecting the world, including the problem of refugees.
• Apart from this, more constructive efforts should be made to convince the people of the North-East that the linguistic, cultural and social identity of the people of this region will be protected.
• To solve this problem of refugees, the Government of India should work together with other countries affected by this problem and the international community so that the people can be helped by developing policies in accordance with human dignity, human rights and international cooperation.
• India should try to enter into effective repatriation agreements with neighboring countries to send refugees and illegal immigrants back to their countries of origin.
• The Indian government should consider granting limited citizenship to refugees arriving with valid travel documents.
• The fundamental duties of Indian citizenship include protection of persecuted people in our neighboring countries but the protection function should be in accordance with the Constitution.

Practice Questions for Preliminary Exam :

Q.1. Consider the following statements regarding the Citizenship Amendment Act 2019.

1. This is a citizenship law given on the basis of religious identity in which people of all religions will be provided citizenship of India.
2. The Citizenship Amendment Act 2019 will not apply to the tribal areas of Assam, Meghalaya, Mizoram and Tripura, a state included in the Sixth Schedule.
3. In India, the method of providing dual citizenship has been adopted under Centre – State relations.
4. The Citizenship Amendment Act 2019 is a law to grant Indian citizenship, not a law to take away Indian citizenship.

Which of the above statement  / statements is/are correct?

(A). Only 1 and 3

(B). Only 1 and 4

(C). Only 2 and 3

(D). Only 2 and 4

Answer – (D)

Practice Questions for Main Exam : 

Q.1. Highlighting the main provisions/methods of granting citizenship in India, Discuss whether the Citizenship Amendment Act 2019 violates Article 14 of the Constitution of India? Give a logical explanation. 

Akhilesh Kumar Shrivastava

Qualified Preliminary and Main Examination ( Written ) and Shortlisted for Personality Test (INTERVIEW)  three times Of UPSC CIVIL SERVICES EXAMINATION in the year of 2017, 2018 and 2020. Shortlisted for Personality Test (INTERVIEW) of 64th and 67th BPSC CIVIL SERVICES EXAMINATION.

M. A  M. Phil and Ph. D From (SLL & CS) JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI.