Relevance: Mains: G.S paper II: Polity: Governance: Government Bills And Acts
The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc. However, illegal migrants are prohibited from acquiring Indian citizenship. An illegal migrant is a foreigner who:
- enters the country without valid travel documents, like a passport and visa, or
- enters with valid documents, but stays beyond the permitted time period.
Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. The 1946 and the 1920 Acts empower the central government to regulate the entry, exit and residence of foreigners within India. In 2015 and 2016, the central government issued two notifications exempting certain groups of illegal migrants from provisions of the 1946 and the 1920 Acts.
These groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who arrived in India on or before December 31, 2014. This implies that these groups of illegal migrants will not be deported or imprisoned for being in India without valid documents.
In 2016, a Bill was introduced to amend the Citizenship Act, 1955.
The Bill sought to make illegal migrants belonging to these six religions and three countries eligible for citizenship and made some changes in the provisions on registration of Overseas Citizens of India (OCI) cardholders. It was referred to a Joint Parliamentary Committee, which submitted its report on January 7, 2019.
The Bill was passed by Lok Sabha on January 8, 2019.
However, it lapsed with the dissolution of the 16th Lok Sabha. Subsequently, the Citizenship (Amendment) Bill, 2019 is being introduced in Lok Sabha in December 2019.
The 2019 Bill seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship.
It exempts certain areas in the North-East from this provision. The Bill also makes amendments to provisions related to OCI cardholders. A foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., former citizen of India or their descendants) or the spouse of a person of Indian origin. This will entitle them to benefits such as the right to travel to India, and to work and study in the country.
The Bill amends the Act to allow cancellation of OCI registration if the person has violated any law notified by the central government.
Comparison of the Citizenship (Amendment) Bill, 2016, as passed by Lok Sabha, with the Citizenship (Amendment) Bill, 2019
| 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.
- 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.
- 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.
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- 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.
· The Bill further reduces the period of naturalisation for such group of persons from six years to five years.
· Same as the 2016 Bill passed by Lok Sabha. |
