Things to Know about the Citizenship Amendment Bill 2019

Must Read

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...

Follow us

Amended Sec 2 of The Citizenship Act, 1955

“Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;”

Overview of the bill

The Citizenship Amendment Bill 2019 (Commonly referred to as CAB) was passed by Parliament of India to provide Citizenship to those people who immigrated mainly from Pakistan, Afghanistan and Bangladesh. There is a history of immigration of people belonging to the Minority Communities from across the borders of India as they wanted to protect themselves against the inhumane treatment in their own country. The people especially who immigrated from Pakistan, Afghanistan and Bangladesh were spoken about under this bill.  When India was partitioned in 1947, Millions of citizens of undivided India belonging to various religions were staying in the Pakistan and Bangladesh. Many people belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities were ill-treated on grounds of religion in those countries, mainly because the Constitution of Pakistan, Afghanistan and Bangladesh are not secular in nature.  They were restricted to practice their religion; most of them were also ill-treated in their day-to-day life.

Gradually the persecuted people fled to India to seek shelter and continued to stay in India even if their travel documents were expired or with incomplete or no documents. The Citizenship Act, 1955 was enacted to provide for the acquisition and determination of Indian Citizenship. Under the Existing Provisions of the Act, migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian Citizenship under Section 5 or Section 6 of the Act.

The Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946. Subsequently, the Central Government also made them eligible for long term visa to stay in India. Since many of them have entered into India long back, they may be given the Citizenship of India from the date of their entry in India if they fulfil conditions for Indian Citizenship specified in Section 5 or the Qualifications for the Naturalization under the provisions of the Third Schedule to the Act.

Now, it is proposed to make the said migrants eligible for Indian Citizenship by amending the Citizenship Act, 1955. The illegal migrants who have entered into India on or before 31.12.2014 need a special regime to own their citizenship. For this purpose, the Central Government shall grant the certificate of registration or Certificate of Naturalization subject to such conditions, restrictions and manner prescribed under the bill.

Section 5, under the provision of the Third Schedule of the Citizenship Act 1955, is amended as the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, whose aggregate period of residence or service of Government in India is “not less than five years” instead of “not less than eleven years” bypassing the citizenship amendment bill 2019.

Further Sec 6B has been inserted in the view of instruction to an authority to grant a Certificate of Registration or Certificate of Naturalization to a person who is referred in Amended Sec 2 of The Citizenship Act, 1955 on the application.

The Bill further seeks to protect the constitutional guarantee to original populations of North Eastern States covered under the Sixth Schedule to the Constitution and the statutory protection is given to areas covered under “The Inner Line” system of the Bengal Eastern Frontier Regulation, 1873. As mentioned in Sec 7D of Amended Citizenship Bill 2019.

Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute case briefs or articles like the above one.

For more Courtroom Updates, check out our Courtroom Page


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

[WhatsApp Privacy Policy Row] It’s a Private App, Don’t Use It; Says Delhi High Court

On Monday, while hearing a petition regarding the privacy policy of WhatsApp, the Delhi High Court said, “It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app.”

Madras High Court Asks the State To Reconsider Number of Seats Allotted for Bcm Category

Mr. Shakkiya filed a Writ Petition under Article 226 of the Indian Constitution to issue a Writ of Mandamus. The petition sought to direct...

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that the petitioners were entitled to...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Plea Challenging the AIBE Rules Framed by BCI Filed in the Supreme Court

A Writ Petition was presently filed in the Supreme Court by a newly enrolled lawyer challenging the All India Bar Examination Rules 2010 which have been framed by the Bar Council of India which mandates that an advocate has to qualify for the All India Bar Examination (AIBE) to practice law after enrollment.

Bombay High Court: Mere Presence at the Crime Scene Not Enough for Punishment

The Bombay High Court ruled that it cannot be considered a crime if a person is merely present at the crime scene which falls under the Maharashtra Prohibition of Obscene Dance in Hotels and Restaurants and Bar Rooms and Protection of Dignity of Women Act 2016. It also quashed two First Information Reports (FIR) against two individuals who were arrested in a raid at a dance bar by the Santacruz Police, in 2017.

CAIT Files a Plea Against WhatsApp’s New Privacy Policy in the Supreme Court

Confederation of All India Traders (CAIT) has filed a petition against WhatsApp’s new privacy rules in the Supreme Court. The petition says that WhatsApp which is known to render public services by providing a platform to communicate has recently imposed a privacy policy that is unconstitutional, which not only goes against the fundamental rights of citizens but also jeopardizes the national security of our country.

RTI Activist Files a Plea in Bombay High Court Against Bharat Biotech’s Covaxin

On Saturday, a plea has been filed before the Bombay High Court by an activist stating that Bharat Biotech Covaxin had not been granted full approval but a restricted use in clinical trials according to the Drugs Comptroller General of India. The Company's phase 3 trials are ongoing and the DGCI has not made any data available in the public domain for peer- review by independent scientists.

More Articles Like This

- Advertisement -