May 22, 2024

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FAQS on Citizenship amendment act 1955

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Introduction:-

The Citizenship Amendment Act is a law, which amended the Citizenship Act, 1955. The Bill was introduced in the Lok Sabha and passed n 10th Dec, 2019. (On 10th December, 2019-It  was passed by the Lok Sabha and on 11th December, 2019-It was also passed by Rajya Sabha). And the Constitution of India provides for Single Citizenship (which means a person is a person of a whole country).

Citizenship defines,

– the relationship between the nation and the people who constitute the nation

– it confers upon an individual certain Rights such as Protection by State, Right to vote and Right to hold certain Public offices among others, in turn for the fulfilment of certain duties/obligations owed by the individual to the State.

Q.1: What is Citizenship Amendment Act?

Ans: This Citizenship Act was passed on 30th December 1955 by the Parliament and was enacted in the 6th year of the Republic of India. During Partition, a large no. of Hindus and Muslims migrated to and from Pakistan, there created huge refugees. Then people started to apply for Indian Citizenship and that made having Citizenship more complicated. Then the Parliament introduced this Citizenship Act, 1955.

Q.2 : Who can become the citizens of India?

 There are four ways to acquire Indian Citizenship.

 They are:

 i. BIRTH. SEC.3 of the Citizenship Act (1955),

  1. Any person, who was born in India on or after 26th Jan 1950 and before 1st July 1987 irrespective of his/her parent’s Nationality could be a citizen of India.
  2. Any person, who was born in India on or after 1st July 1987, and before 3rd December 2004, if any one of his parents is a citizen of India could be confirmed as a citizen of India.
  3. Any person, who was born in India on or after 3rd December 2004 could be concluded as a citizen of India by birth if one of his/her parents was a citizen of India and the other was not an illegal migrant of India or both parents were citizens of India at the time of birth.

 ii. DESCENT.SEC. 4 of the Citizenship Act (1955),

     a)   A person born in any other country excluding India on or after 26th January 1950,

but before 10th December 1992 if his/her father was an Indian citizen by birth can be

           confirmed as a citizen of India by descent.

     b)   A person born in any other country excluding India on or after 10th December 1992, but

            before 3rd December 2004, if either one of their parents was a citizen of India by birth could

           confirmed as an Indian citizen by descent. A person born in any other country excluding India on or after 3rd December 2004, if his/her parents declare that the minor does not have other country’s passport and his birth

is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the declared period.

  iii. REGISTRATION. SEC. 5 of the Citizenship Act (1955),

      Anyone before applying for registration as an Indian citizen has to prove that-

         . they have been a resident of India for 7 years

         . he has been a resident of India for 7 years and married to an Indian citizen

         . he is normally resident in any other country or undivided place of India as per SEC 5(1) (b)

         . they must be minor

  iv. NATURALISATION. SEC. 6 of the Citizenship Act (1955),

      Any person can become an Indian citizen if he/she is a resident of India for 12 years and have

      other requirements according to the Third Schedule of Citizenship Act.

Q.3: How a person can lose his/her Citizenship in India?

The Citizenship Act (1955), provides 3ways to lose the Citizenship of India. They are

i) RENUNCIATION (SEC.8): A Citizen of India as a major renounces his citizenship as an Indian by declaring during any war, in which India is engaged.

ii) TERMINATION (SEC.9): Any person who voluntarily acquires another country citizenship. He will lose his citizenship in India.

iii) DEPRIVATION (SEC.10): It is a compulsory termination of citizenship of India. If a person became a citizen of India by naturalization, residence, birth, and registration, can be deprived of his citizenship as an Indian by the order of the Central government.

Q.4: How the Article.5 to Article.11 are related to Citizenship?

 Ans: When we discuss the 2nd part of the Indian Constitution, it talks about Citizenship as follows-

Article.5:- A person will be a citizen of India, if he/she born or domiciled (means permanently residing) in India by satisfying the following requirements-

  • He/she must have their domicile in India at the time of enactment.
  • He/she must be born in India.
  • One hi/her parent must be born in India.
  • Before the enactment, he/she has been resident in India for more than 5 years.

Article .6:- Anyone who migrated from Pakistan can have Indian Citizenship, if

  • Any of his/her parents or grandparents were born in India.
  • He/she has not migrated before 19th July 1948 and he also is an ordinarily resident of India since the date of his/her migration.
  • Even he/she migrated after 19th July 1948, he has to register himself as a citizen of India by an officer, who is on behalf of the Government of the Dominion of India.

Article.7:- This Article deals with the Citizenship of the persons, who are migrated to Pakistan. A person, who is already domicile as per Article.5 and a migrant as per Article.6 can lose his Citizenship in India, if he/she migrates from India to Pakistan after 1st March 1947.

Article.8:- It deals with the Citizenship of those persons, who have migrated abroad. Any person, either one of his parents or grandparents were born in India, but he was residing in other countries. If he registered himself as a citizen of India by a consular representative of India can acquire his Citizenship in India.

Article.9:- It provides any person, who is having Citizenship of other State cannot acquire Citizenship of India under Article. 8.

Article.10:- It says that, if a person is already a citizen of India, then the new laws, which the Parliament brings out with the help of Article. 11 will not affect his Citizenship.

 Article.11:- It gives power to the Parliament to make laws concerning the acquisition and termination of Citizenship that means, Article.11 allows the Parliament to regulate Citizenship and to make laws on it.

Q.5: Why there was a huge Protest against the Citizenship Act?

Ans: When the Citizenship Amendment Bill was passed on 12th December 2019 there was a move of high massive protest, which was first started in Assam and then spread hastily to other states such as Delhi, Meghalaya, Arunachal Pradesh, and Tripura on 4 December 2019. Because

. The opposition has claimed that the Act was against the basic principles of the Constitution as it “Discriminates” based on religion and it would alienate Muslims, the largest minority community in the country. if all countries are making policies to have their Citizenship, then what about the countries like Australia, Norway, Denmark, Sweden, which are not having National Identity?

. if India wants to make Lawson refugees, then it had to accept nearly 10 million refugees from East Pakistan, before the creation of Bangladesh.

. During Anti-Tamil violence, many refugees of Sri Lankan arrived in India. India healed them freehandedly and they step back to their countries.  

Q.6: What is the purpose of the Citizenship Amendment Act, 1955?

Ans: The purpose behind the Citizenship Amendment Act, 1955 is to grant Illegal Migrants of Hindu, Buddhist, Jain, Sikh, Parsi, and Christian Communities coming from Muslim majorities South Asian countries like Afghanistan, Pakistan, and Bangladesh.

Q.7: Who are Illegal Migrants as per the Citizenship Amendment Act (1955)?

Ans: According to the Citizenship Amendment Act (1955), a person can be considered an Illegal migrant in two ways-

a) any foreigner, who has entered into India without a valid passport or a travel document

b) any foreigner, who has entered into India with a valid passport or a travel document, but they are remaining in India beyond the permitted period.

Q.8: What is Delhi Pact?

Ans: We all know that Pakistan was created in the name of Islam. And in 1955, East Pakistan, which is today known as Bangladesh was accustomed. When Partition happened millions of people got displaced and many died. It was the largest and most rapid migration in human history. Millions had abandoned their ancestor’s properties, crossed borders, ran through the land, and crossed rivers. Then in 1950, both the Prime Minister of India and Pakistan, Jawaharlal Nehru and Liaquat Ali Khan have signed an agreement to ensure that the rights of the minorities be protected in both countries. This Act came to be known as Liaquat. Nehru Pact or Delhi Pact, because it took place in Delhi.             

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