2020 – Posted in: Daily News – Tags: NPR, NRC

The Citizenship (Amendment) Bill 2019

For: Preliminary & Mains

Topics covered: About the Citizenship (Amendment) Bill 2019

News Flash

Rajya Sabha passed the Citizenship (Amendment) Bill 2019.

The Citizenship (Amendment) Bill 2019, will give a new ray of hope to persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities who have migrated to India after facing persecution on the ground of religion in Pakistan, Afghanistan and Bangladesh.

The bill amends the Citizenship Act, 1955 to make illegal migrants in the select categories eligible for citizenship.

How citizenship acquired in India?

In India, citizenship is regulated by the Citizenship Act, 1955. The Act specifies that citizenship may be acquired in India through five methods – by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.

Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament. The Constitution does not define the term ‘citizen’ but details of various categories of persons who are entitled to citizenship are given in Part 2 (Articles 5 to 11).

Article 5: It provided for citizenship on commencement of the Constitution

Article 6: It provided rights of citizenship of certain persons who have migrated to India from Pakistan.

Article 7: Provided Rights of citizenship of certain migrants to Pakistan.

Article 8: Provided Rights of citizenship of certain persons of Indian origin residing outside India.

Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India.

Article10: It says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it.

Can illegal migrants acquire citizenship?

An illegal migrant is prohibited from acquiring Indian citizenship. An illegal migrant can be prosecuted in India, and deported or imprisoned.
An illegal immigrant is a foreigner who either enters India illegally, i.e., without valid travel documents, like a visa and passport, or enters India legally, but stays beyond the time period permitted in their travel documents.

In September 2015 and July 2016, the central government exempted certain groups of illegal migrants from being imprisoned or deported. 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.

How does the Bill seek to change the criteria for determining citizenship?

The Bill proposes that the specified class of illegal migrants from the three countries 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.

Are the provisions of the Bill applicable across the country?

The Bill clarifies that the proposed amendments on citizenship to the specified class of illegal migrants will not apply to certain areas. These are:

the tribal areas of Assam, Meghalaya, Mizoram, and Tripura, as included in the Sixth Schedule to the Constitution
the states regulated by the “Inner Line” permit under the Bengal Eastern Frontier Regulations 1873.

These Sixth Schedule tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.

The Inner Line Permit regulates visit of all persons, including Indian citizens, to Arunachal Pradesh, Mizoram, and Nagaland.

The Citizenship (Amendment) Bill, 2016 (as passed by Lok Sabha)	Citizenship (Amendment) Bill 2019
Eligibility for citizenship for certain illegal migrants: The Act prohibits illegal migrants from acquiring Indian citizenship. Illegal migrants are foreigners who enter India without a valid passport or travel document, or stay beyond the permitted time. The Bill amended the Act to provide that Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan will not be treated as illegal migrants. In order to get this benefit, they must have also been exempted from the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920 by the central government. The 1920 Act mandates foreigners to carry passport, while the1946 Act regulates the entry and departure of foreigners in India. The Bill further stated from the date of its enactment, all legal proceedings pending against such an illegal migrant will be closed.	The Bill adds two additional provisions on citizenship to illegal migrants belonging to these religions from the three countries. Consequences of acquiring citizenship: The Bill says that on acquiring citizenship: (i) such persons shall be deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closed. Exception: Further, the Bill adds that the provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution. These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District. It will also not apply to the areas under the Inner Line” under the Bengal Eastern Frontier Regulation, 1873. The Inner Line Permit regulates visit of Indians to Arunachal Pradesh, Mizoram, and Nagaland.
Citizenship by naturalisation: 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. The Bill created an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, with regard to this qualification. For these groups of persons, the 11 years’ requirement will be reduced to six years.	The Bill further reduces the period of naturalisation for such group of persons from six years to five years.
Grounds for cancelling OCI registration: The Act provides that the central government may cancel registration of OCIs on five grounds including registration through fraud, showing disaffection to the Constitution, engaging with the enemy during war, necessity in the interest of sovereignty of India, security of state or public interest, or if within five years of registration the OCI has been sentenced to imprisonment for two years or more. The Bill added one more ground for cancelling registration, that is, if the OCI has violated any law that is in force in the country. When the Bill was passed in Lok Sabha, this was amended to limit the disqualification to violations of the Citizenship Act or of any other law so notified by the central government. Also, the cardholder has to be given an opportunity to be heard.	Same as the 2016 Bill passed by Lok Sabha.

How does the Bill change the regulations for Overseas Citizens of India?

The Bill also amends the provisions on registration of Overseas Citizens of India (OCI). OCI cardholders are foreigners who are persons of Indian origin.
For example, they may have been former Indian citizens or children of current Indian citizens. An OCI enjoys benefits such as the right to travel to India without a visa or to work and study here.
At present, the government may cancel a person’s OCI registration on various grounds specified in the Act. In case of a cancellation, an OCI residing in India may be required to leave the country.
The Bill adds another ground for cancelling OCI registration — violation of any law notified by the central government. However, the Bill does not provide any guidance on the nature of laws which the central government may notify.

Source: PRS India