Provisions in the Citizenship (Amendment) Act, 2019

The Citizenship Act of 1955 was amended by the Citizenship Amendment Bill (CAA Bill), which was first submitted in the Lok Sabha in 2016. A Joint Parliamentary Committee was tasked with reviewing this measure; the committee eventually turned in its findings on January 7, 2019. On January 8, 2019, the Lok Sabha enacted the Citizenship Amendment Bill, which expired on the same day that the 16th Lok Sabha was dissolved. Amit Shah, the Minister of Home Affairs, reintroduced this bill in the 17th Lok Sabha on December 9, 2019, and it was subsequently approved on December 10. On December 11, the Rajya Sabha also approved the measure. Parliament approves the 2019 Citizenship Amendment Bill.

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This Story also Contains

1. What is Citizenship?
2. About Citizenship in India
3. Constitutional Provisions
4. Acquisition of Citizenship
5. Importance of Citizenship (Amendment) Act 2019
6. Constitutionality of the 2019 Citizenship (Amendment) Act
7. Characteristics of the 2019 Citizenship (Amendment) Act
8. Non-Applicability of 2019 Citizenship (Amendment) Act
9. Criticism of the 2019 Citizenship (Amendment) Act
10. Persons of Indian Origin (PIO) card
11. The Overseas Citizen of India (OCI)
12. Conclusion

The CAA was approved to offer Citizenship to illegal immigrants who arrived in India on or before December 31, 2014, despite their lack of documentation. The Act was enacted to accommodate immigrants from Afghanistan, Bangladesh, and Pakistan who practised six different religions, including Christians, Sikhs, Buddhists, Jains, Parsis, and Hindus. If a person has lived in India for 11 of the preceding 14 years and the last 12 months, they are eligible under this statute. The period of residence has been shortened from 11 to 5 years for the designated class of unauthorised immigrants.

What is Citizenship?

• The relationship that exists between a nation and its citizens is defined by citizenship.

• In exchange for the completion of specific tasks and obligations due by the person to the state, it bestows upon the individual certain rights, including protection from the state, the ability to vote, and the right to occupy certain public posts.

About Citizenship in India

• India's Constitution guarantees all Indians a common citizenship.

• Parliament may enact laws governing citizenship rights under Article 11 of the Indian Constitution. Consequently, the Citizenship Act of 1955 was approved by the Parliament of India to provide procedures for obtaining and determining Indian citizenship.

• The Seventh Schedule's Entry 17, List 1 discusses aliens, naturalisation, and citizenship. As a result, Parliament alone has the authority to enact laws about citizenship.

• Up until 1987, a person just needed to be born in India to be eligible for Indian citizenship.

• Then, in response to populist movements that claimed Bangladesh was the source of large-scale illegal migration, citizenship rules were first changed to include an extra requirement that at least one parent be Indian.

• The legislation was subsequently changed in 2004 to stipulate that both parents must be citizens of India and that neither parent may be an undocumented immigrant.

Constitutional Provisions

• The clauses in Part II of the Constitution of India define the status of citizens in India at the time of the document's adoption.

• The Indian Constitution addresses the notion of citizenship in Articles 5–11.

• Part II came into effect on November 26, 1949, the day the Constitution was signed.

• Since citizenship is a topic covered by the Union List and is included in the 7th schedule, the Indian Parliament is in charge of the issue.

• This made it possible for the Indian Citizenship Act of 1955 to be passed.

• Six amendments to the Indian Citizenship Act of 1955 have been made: in 1986, 1992, 2003, 2005, 2015, and 2019, among other years.

• The process of obtaining citizenship by universal principles, like birth, has been limited by these revisions.

Acquisition of Citizenship

The Indian Citizenship Act of 1955 outlines the methods through which an individual can acquire Indian citizenship, including:

The Act makes it clear that no person may be awarded dual citizenship under Indian law; it merely outlines the aforementioned methods of obtaining citizenship. The Act also gave foreign nationals access to specific sections about their rights, how to register their overseas citizen card, and how to revoke their card.

Importance of Citizenship (Amendment) Act 2019

• The government claims that minorities fleeing persecution in countries with a majority of Muslims were the reason behind the Act's introduction.

• The Act's goal is to offer citizenship to undocumented immigrants and others who lack acceptable proof of residency. As long as they join the nation on or before December 31, 2014, illegal immigrants from Pakistan, Bangladesh, and Afghanistan are granted citizenship under the CAA 2019, which also reduces the qualifying time for Indian citizenship from 11 to 5 years.

• This allows the migrants to become citizens without having to provide any paperwork. Therefore, as long as the aforementioned requirements are satisfied, the CAA will assist such migrants in easily obtaining citizenship.

• Therefore, the CAA 2019 was passed to provide immigrants who have experienced religious persecution in these three surrounding countries with hassle-free citizenship.

Constitutionality of the 2019 Citizenship (Amendment) Act

A significant question concerning the Act's legality was also brought up. These are:

• A rule that only allowed illegal immigration based on religion violated both secularism and Article 14 of the Indian Constitution, which protects legal equality.

• The 42nd Amendment, 1976, inserted the word "secular" into the Preamble of the Indian Constitution, stating unequivocally that all religions would be treated equally and that the State shall not be ruled by a single faith.

• This implies that no policy will support any one faith. No additional religious minorities were taken into account in the CAA other than the six listed above.

• An additional contention was made on Articles 25 and 26 of the Constitution of India. Anyone can practise any religion they want thanks to the freedom of religion guaranteed by Articles 25 and 26.

• However, since there is always a chance that they might be pressured to convert to a different religion to qualify for the relaxations provided by the CAA 2019, religious minorities from other groups won't be free to practise their faith.

Characteristics of the 2019 Citizenship (Amendment) Act

• The Indian Citizenship Act of 1955 forbids illegal immigrants from obtaining citizenship status. The primary aim of this Bill's adoption was to revise the previous legislation and bestow citizenship upon undocumented migrants who faced persecution in the bordering nations of India. Only followers of the following six religions could immigrate: Buddhists, Hindus, Sikhs, Jains, Parsis, Christians, and Afghanis.

• The measure expressly stated that "those who fled due to religious persecution or had a fear of being persecuted" from Bangladesh, Afghanistan, and Pakistan, the surrounding states, would be included.

• The law also had a few modifications. First off, starting on December 31, 2014, the deadline for citizenship was extended. If one entered India on or before the deadline, they could only apply for citizenship.

• Additionally, the amendment shortened the period required for naturalisation for all members of the six minority religious groups from 11 to 5 years.

• Under Section 7D of the bill, modifications for OCI (Overseas Citizens of India) holders were also proposed. If a foreign national's spouse or they are of Indian origin, they can apply for OCI. Additionally, OCI cardholders will be eligible for certain perks, including the ability to work and study throughout the nation.

• According to Section 6B, Clauses 2 and 3 of the Act, these individuals will be considered Indian citizens as of the day of their admission into the country, and any legal actions taken against them regarding their citizenship or illegal migration will be dropped.

Non-Applicability of 2019 Citizenship (Amendment) Act

There are two significant exclusions included in the Act. That is:

1. First off, tribal regions like Assam, Mizoram, Tripura, and Meghalaya would not be covered by the Act. The primary rationale for this exclusion is that these states are listed in the Indian Constitution's 6th Schedule.

2. Furthermore, the regions that are designated as Inner Limits of the Bengal Eastern Frontier Regulation Act, 1873, shall not be covered by the Act.

Criticism of the 2019 Citizenship (Amendment) Act

1. It opposes Muslims; The Act's primary objection has been that it singles out Muslims for discrimination. Consequently, the religious foundation of citizenship is incompatible not only with secularism but also with liberalism, equality, and justice. It forbids the application for citizenship of Hazaras in Afghanistan and Shia, Baloch, and Ahmadiyya Muslims in Pakistan who likewise endure persecution.

2. It is against Article 14: Critics claim that it violates the right to equality guaranteed by Article 14 of the Constitution. The CAA is in direct opposition to Article 14, which stipulates that for any classification to be legitimate, it must not only be based on a reasonable classification and have a just and reasonable objective but also that it must not be arbitrary. One critique of this Act is that it is an example of class law because it is illegal to classify people based only on their religion.

3. Legal technical flaws: A number of the CAA 2019's technical and legal flaws were also noted in the Joint Parliamentary Committee on the Citizenship Amendment Bill 2016 (JPC Report) for 2019. This article claimed that the CAA only named the six non-Muslim minorities and did not utilise the term "minority."

4. Discord in Assam: There has also been a lot of debate against the CAA and the Assam Discord. There has been a contention that the CAA contradicts the Assam Discord. First of all, it is now challenging to divide migrants into Muslim and non-Muslim categories and to change the year from 1974 to 2014. This is so that non-Muslim Bangladeshi immigrants who arrived in Assam after 1971 may also petition to become citizens of India.

5. Other problems: Another argument made was that Jews and atheists were not covered by the CAA. Additionally, nations that are known to have land borders with India—such as Nepal, Bhutan, and Myanmar—were left out. It's interesting to note that the "Statement of Objects and Reasons" gives the clear constitutional validity of a state religion as justification for this exclusion.

Persons of Indian Origin (PIO) card

• A person is qualified for the PIO card if they:
• If you are of Indian descent and a citizen of any nation except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China, or Afghanistan, or if you have previously carried an Indian passport, or if you are married to an Indian citizen or someone of Indian heritage.
• PIO cardholders can enter India many times for a period of fifteen years. They don't require a separate visa.

The Overseas Citizen of India (OCI)

• OCI Card is for overseas people who were eligible for Indian citizenship on January 26, 1950 or were Indian citizens on or after that date.
• Citizens of Pakistan and Bangladesh are not eligible for an OCI Card. OCI cardholders do not have voting privileges.
• OCI does not constitute dual citizenship. OCI cardholders are not Indian citizens.
• The OCI Card is a multifunctional, multiple-entry, lifetime visa for visiting India.
• OCI Card holders have the same financial, educational, and economic privileges as NRIs. However, they are unable to obtain agricultural land in India.

Conclusion

Undoubtedly, the nation was taken aback by the Citizenship (Amendment) Act, of 2019. Although the decision was well received in one group, it was strongly disapproved of and criticised in the other. Religious disagreements caused division in the nation once more. This Act created a rift between the Muslim and non-Muslim populations. Activists and students publicly protested against the Act, despite the government's best efforts to defend its passage. The people must always stand together and put pressure on the government to give the people's Fundamental Rights priority. At all times, the people must demand a secular, democratic government.