Exception: Further, the Act adds that the provisions Hence, they are forced to apply for citizenship through naturalization which prescribes 11 years’ residency in India as a condition. Notably, the protection of Article 14 applies equally to both citizens and foreigners. (Amendment) Bill, 2019, turning it into an Act. In the 2019 election campaign, the BJP’s manifesto reiterated its commitment to bring in the Bill. The Citizenship Act, 1955 prohibits illegal migrants from acquiring Indian citizenship. UPSC Courses Click here to find out all that is important about the Citizenship Amendment Act for UPSC. Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.*. It uses the criteria of state religion to identify the three countries of Afghanistan, Bangladesh and Pakistan. According to the legal test prescribed by Supreme Court, for five years. The bill directly contradicts the genesis of the idea behind the Indian constitution, which confers citizenship and fundamental rights to its citizens. It mentions special provisions for Manipur: “… The President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State, for the modifications to be made in the rules of business of the Government and in the rules of procedure of the Legislative Assembly of the State and for any special responsibility of the Governor in order to secure the proper functioning of such committee.”, “The Governor shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Hill Areas in the State of Manipur and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas.”. are excluded from the ambit of the new law, but how many are included. Download June 2020 IE Magazine PDF for FREE! It also empowers the government to withdraw registration as OCI due to any violation of the Citizenship Act or any other laws. Second, the legislation has to show a “rational nexus” The rationale for a nationwide NRC, its feasibility, and, opportunities. defined by migration. Please use the comment section at the bottom to add your updates. Give us a call or fill in the form below and we will contact you. December, 2019 Team Samajho UPSC. categories of migrants who may claim persecution in other countries.
These tribal areas include Karbi Anglong in Assam, Garo Hills in Meghalaya, Chakma district in Mizoram, and Tribal Areas district in Tripura. and Tripura. however, to pass the test of permissible classification, two conditions must be
Mizoram is covered under the ILP regime in any case.
violates the letter and spirit of the Constitution of India. The framers of our Constitution and those who enacted the Citizenship Act in
Such a long-term process denies them the opportunities and advantages that may apply only to citizens of India. The CAA Act bill is under a lot of scrutiny in India as it is non-inclusive and discriminatory. This bill does not provide citizenship to the Tamil people in Sri Lanka, specifically to those Tamil people of Indian origin who fled to Tamil Nadu due to the Tamil massacre in Sri Lanka in 1983. offences like parking in a no-parking zone or jumping a red light. I am an I.T Engineer by profession and a thinker, knowledge seeker by heart. Granting citizenship to sections of the population is a All the refugees should be provided with a generous welcome. person to apply for citizenship by naturalisation if he meets certain It was then that the Jawaharlal Nehru government