citizenship amendment act research paper

29 Pages NEW DELHI;                                                                                                                            AMIT SHAH The 4th December, 2019                                                                               [Minister of Home Affairs]. Since a considerable population would be left out and be declared as illegal immigrants, centre is constructing many detention camps pan India, to house these individuals. Assam govt. There are an estimated 20 million illegal Bangladeshi migrants in Assam and they have inalienably altered the demography of the state, besides putting a severe strain on the state’s resources and economy. Further, the people of the North-East should be engaged more constructively to convince them that the linguistic, cultural and social identity of the people of the region would be preserved. The Citizenship Act 1955 grants citizenship by birth based on birth dates, a TISS research paper noted. Those migrants who are of Indian origin or who have Indian spouse can register as OCI under the principal Act. The orders for cancellation of OCI should not be passed till the OCI cardholder is given an opportunity to be heard. The affidavit was a response to all the pleas questioning the legality of CAA. The speaker and deputy […], Supreme Court of India on Doctrine of Essentiality, India being a Secular country has a discrete amalgamation of people who have a belief in a different religion. It is also proposed to amend the said section 7D so as to empower the Central Government to cancel registration as Overseas Citizen of India Cardholder in case of violation of any provisions of the Act or any other law for the time being in force. Keeping in sight the importance of religion in the life of […], Contemporary Human Rights Jurisprudence and Prisoner’s Rights, Introduction The prisoner’s rights and human rights are chosen two important and related concepts. [16] The Quint, why is Northeast protesting against CAA despite exemption? On 14th December protests began at Jantar Mantar. It has assured that the government will examine the application from any other community on a case to case basis. Experts have indicated as many as 21 lakh govt. The police were often blamed and criticised for manhandling the protestors. [Section 3 (3)], Section 6(b) shall not extend to the tribal areas of Assam, Meghalaya, Mizoram or Tripura as specified in the 6, A proviso shall be added to clause (d) of 3. (uploaded on December 13, 2019). X. It was further contended that the executive does not derive any arbitrary or excessive powers through the means of this legislation. The fiscal and regulatory expenditure on carrying out the NRC is estimated to be over Rs. The Apex Court in Public Service Tribunal Bar Association v. State of U.P.,[7] wherein, upholding the U.P. [15] https://www.easternmirrornagaland.com/. said that if a person’s name is not mentioned in the NRC, it would not amount to him/her being declared a foreigner. Conducting the process on a nationwide basis will require a lot of money and resources. It is further argued that inclusion of certain countries while exclusion of rest cannot be a subject-matter of judicial review as it is within the domain of legislative decision making and legislative wisdom. In Part I, this article will analyze the Citizenship Amendment Act, 2019 and its specific provisions. Hence all such people shall be included in the NRC. It argues that contrary to popular belief, the discrimination against Muslim immigrants which seems to form a part of the CAA is not a phenomenon of relatively recent vintage. A fixed research design was used as the subjects, scope of study, timescale, objectives were pre-determined by the author. Amidst widespread protests in the country regarding CAA and NRC, Chief Ministers of several states have expressed their reservation regarding implementing the two in their respective states. They are not covered under the Act. 4. Regarding questions of not including minorities from Sri Lanka, Myanmar, etc., the Government clarified that the process of awarding citizenship to refugees has been undertaken by different governments in the past on case to case basis from time to time, on “reasonable qualifications to Article 14”. The Seventh Schedule of the Constitution divides the subjects on which the Centre and states can make laws under the Union, State and Concurrent lists. [14] https://economictimes.indiatimes.com/ (last updated on Nov. 2, 2019). FAQ on Citizenship Amendment Bill ,2009). It also exempted states like Arunachal Pradesh, Mizoram and much of Nagaland that comes under the Inner Line Permit rule. Keywords: Citizenship Amendment Act, National Register of Citizens, Indian Constitution, Secularism, CAA, NRC, Suggested Citation: [Section3 (2)], From the date on which this act shall come into effect, persons against whom proceedings are pending under this section regarding the matter of illegal migration or citizenship shall stand abated. Introduction 2. They are bound to comply with and give effect to such directions from the Union government. This section deals with the provisions regarding issuance of national identity cards. Provisions of the proposed Citizenship Amendment Bill Irrespective of the method, one thing is sure that the economic impact of the exercise will affect the county. However, this paper also argues that the CAA is unconstitutional by today’s standards because the conditions which existed during the days of India’s dominionship, between August 1947 and January 1950, no longer exist today. It posits that the CAA is discriminatory for several reasons though not for the insidious, mala fide reasons that are usually attributed to the government in popular discourse. Section 14A of the citizenship Act 1955 provides the legal basis for NPR preparation and links it with census and NRC. The anti-affidavit filed by the central govt. The 1920 Act mandates foreigners to carry passport, while the1946 Act regulates the entry and departure of foreigners in India. Under CAA 2019 the six communities (Hindu, Muslims, Sikhs, Parsis, Jains and Christians) from Bangladesh, Afghanistan and Pakistan, will be able to apply for citizenship and would not be considered illegal migrants for the purpose of this act. [Section 3 (1)], Such a person who is granted the certificate of naturalization or registration under section 6 (b) shall be deemed to be a citizen of India from the date of his entry into Indian subcontinent. Now, it is proposed to make the said migrants eligible for Indian Citizenship. 2020. Article 14 of the Indian Constitution provides for equality before law. The court should try to sustain its validity to the extent possible. A three judge bench, comprising of Justices S Abdul Nazeer and Sanjeev Khanna, led by S.A. Bobde (The Chief justice of India) was set up for hearing of a hundred and forty-four petitions challenging CAA on 22.01.2020. The Citizenship Amendment Bill (CAA Bill) was first introduced in 2016 in Lok Sabha by amending the Citizenship Act of 1955. [8] Narender Kumar, The constitutional Law of India (Allahabad Law Agency 1st Edn. For conducting the exercise of nationwide NRC, many govt. The Story of first Law Minister of Pakistan The Rajasthan Legislative Assembly, governed by the Indian National Congress, too passed a resolution asking the central government to repeal the CAA, making Rajasthan the third state to do so after Kerala and Punjab. Historical Position of Indian Political Parties on this issue Search. Though Article 14 permits classification but class legislation conferring powers upon a particular class of person that are selected arbitrarily from amongst a larger number of people is forbidden.

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