The Citizenship (Amendment) Act, 2019

The Lok Sabha passed the Citizenship Amendment Bill, 2019, on 9th December 2019.  The President of India further signed this bill on 12 December 2019, and the Citizenship (Amendment) Act, 2019, was enforced. The Act seeks to provide Indian citizenship to illegal refugees from six communities: Hindu, Buddhist, Sikh, Christian, Jain, and Parsi, who came from Pakistan, Bangladesh, and Afghanistan. The cut-off date for citizenship according to the Citizenship (Amendment) Act, 2019 is December 31, 2014. The cut-off date is prescribed as to when the applicant should have intruded into India on or before this date. An intruder can be explained as someone who was forced or compelled to take shelter in India due to persecution on the ground of their religion in their native country. 

The Constitution of India provides for ‘single citizenship’ for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of India. Further, Articles 5 to 9 of the Constitution determine the status of persons as Indian citizens, and Article 10 provides for their continuance as such citizens. However, this continuing citizenship is subject to the provisions of any law that the legislature may enact. Furthermore, according to Article 11, the Constitution has empowered Parliament to make any provision regarding the acquisition and termination of citizenship and all other matters relating to citizenship. 

The provisions regarding acquiring citizenship in India are listed under Sections 3, 4, 5(1), and 5(4) of the Citizenship Act, 1955. According to the Act of 1955, citizenship can be acquired in four ways, namely, 

1) By birth

2) By registration

3) By descent

4) By naturalization

1) By birth –

In India, the following individuals are considered citizens by birth:

1. Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of their parents.

2. Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India, given that either of their parents is a citizen of the country at the time of their birth.

3. Every person born in India on or after 3.12.2004 is a citizen of the country given that both their parents are Indians or at least one parent is a citizen, and the other was not an illegal migrant at the time of birth.

2) By registration –

In India, citizenship can be acquired by way of registration. However, one must follow particular rules for acquiring citizenship by registration. Only the following persons can acquire citizenship by the way to registration in India:

1. A person of Indian origin who has been a resident of India for seven years before applying for registration.

2. A person of Indian origin who is a resident of any country outside undivided India.

3. A person who is married to an Indian citizen and is ordinarily a resident for seven years before applying for registration.

4. Minor children of persons who are citizens of India

3) By descent –

Citizenship in India is acquired by way of descent if the individual belongs to one of the following categories: 

1. On or after January 26, 1950, a person born outside India is a citizen of India by descent if their father was a citizen of India by birth.

2. A person born outside India on or after December 10, 1992, but before December 3, 2004, is a citizen of India by descent if either of their parents were a citizen of India by birth.

3. Suppose a person born outside India on or after December 3, 2004, must acquire citizenship. In that case, their parents have to declare that the minor does not hold the passport of another country and their birth is registered at an Indian consulate within one year of birth.

4) By naturalization –

In India, any individual can acquire citizenship by naturalization if they are ordinarily a resident of India for 12 years and fulfill all qualifications in the Third Schedule of the Citizenship Act, 1955. 

Further, according to the Citizenship Act, 1955, a person was given an OCI card if they were of Indian origin or the spouse of a person of Indian origin. Under the Citizenship (Amendment) Act, 2019, an OCI cardholder can travel to India and work and study in the country. However, the citizenship of such OCI cardholders can be canceled based on the following grounds:

1. Showing disaffection to the Constitution of India

2. Registration through fraud

3. Engaging with the enemy during war.

4. Damaging the sovereignty of India

5. Sentenced to imprisonment for two years or more within five years of registration as OCI

6. if the OCI has violated any law that is in force in the country

We have an interesting blog for you here to know how the Indian Immigration Law (CAA) exactly works. 

FAQ - 

When was the Citizenship (Amendment) Act, 2019 passed?

The Citizenship (Amendment) Act, 2019, was passed on 11th December 2019 by the Parliament of India. The act came into effect on 10th January 2020.

Which countries are included in the Citizenship (Amendment) Act, 2019?

The Citizenship (Amendment) Act, 2019 welcomes Hindus, Sikhs, Parsi, Jain, Buddhists, and Christian from Pakistan, Bangladesh, and Afghanistan who entered India prior to 2014. 

Is NRC a bill or an act?

Neither. NRC stands for National Register of Citizens with entries of all recognized Indian citizens. NRC was mandated by the CAA 2003. The purpose was to identify and document all Indian citizens and deport the illegal immigrants. 

How many times was the Citizenship Act, 1955 amended?

The Citizenship Act has been amended six times so far, starting with 1986, 2003, 2005, 2015, and lastly 2019. 

Are there any exceptions to the Citizenship (Amendment) Act, 2019?

Yes, the CAA, 2019, will not be applicable on the tribals of Assam, Mizoram, Tripura, and the whole of Meghalaya. 

In conclusion, it must be noted that the Citizenship (Amendment) Act 2019 also provides that the illegal migrants of Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians communities of Afghanistan, Bangladesh, and Pakistan must stay at least five years in India before applying for Indian citizenship through naturalization. Also, on acquiring citizenship, such persons shall be deemed citizens of India from their entry (on or before December 31, 2014) into India. All legal proceedings against these illegal migrants related to their illicit migration or citizenship shall be closed. However, the Act of 2019 will not give these benefits to the illegal migrants of tribal areas of Assam, Meghalaya, Mizoram, and Tripura.

Author: Jinal Vyas