[195] The petition stated that the act "fulfills the long-standing demand of providing refuge to persecuted religious minorities from Pakistan, Bangladesh and Afghanistan". ", "India just redefined its citizenship criteria to exclude Muslims", "Why India's controversial citizenship law has sparked violent protests", "India Citizenship Protests Spread to Muslim Area of Capital", "India protests: students condemn 'barbaric' police", "1,000 detained as anti-Citizenship Amendment Bill protests intensify in Assam", "Violent protests against Citizenship Amendment Act: Who will pay for damages? (a) After clause (a), the following clause shall be inserted, namely:-. [4] The amendment also relaxed the residence requirement for naturalisation of these migrants from twelve years to six. The Indian government passed the Citizenship Actin 1955. fifty thousand rupees” shall be substituted. [179] The Chief Ministers of the Indian states of Madhya Pradesh, Chhattisgarh, West Bengal, Punjab, Kerala and Rajasthan and union territory of Puducherry – all led by non-BJP governments – said they will not implement the law. Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. Amendment of section 18.-In section 18 of the principal Act,-, (a) after clause (a), the following clause shall be inserted, namely:-, “(aa) the form and manner in which a declaration under sub-section (1), (b) after clause (i), the following clause shall be inserted, namely:-, “(ia) the procedure to be followed in compulsory registration of the. [143][144][145], Muslims all over India came out to protest the CAA–NRC package with a renewed assertion of their identity as Indians. [92], The bill includes new provisions for cancellation of the registration of Overseas Citizenship of India (OCI) if there are any violations of the provisions of this act or provisions of any other law of India. [5][6][112] Critics have questioned the exclusion. It excluded Arunachal Pradesh, Mizoram, Nagaland, Tripura, Meghalaya and Manipur, except for non-tribal cities exempted under pre-existing regulations. Citizenship Amendment Act, 2003; Citizenship Rules, 1956; Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 [66][69][g] According to Shuvro Sarker, since the 1950s and particularly since the 1990s, the Indian governments under various political parties have studied and drafted laws for the naturalisation of refugees and asylum seekers. [78][79] According to Niraja Jayal, while the BJP had promised to grant Indian citizenship to all Hindu migrants from Bangladesh in its election campaigns during the 2010s, the draft Amendment bill angered many in Assam, including its own political allies because they view the amendment as a violation of the Assam Accord. Section -17 Substitution of Second Schedule by a new Schedule, "THE SECOND SCHEDULE [49], The 2003 amendment also mandated the Government of India to create and maintain a National Register of Citizens. Omission of First Schedule.-The First Schedule to the principal Act. Central Government may, by notification in the Official Gazette. [77][78] Although this bill was passed by the Lok Sabha, or lower house of Indian parliament, it stalled in the Rajya Sabha, following widespread political opposition and protests in northeast India. the Legislative Assembly or a Legislative Council, as the case may be, (i) for appointment to public services and posts in connection with the, affairs of the Union or of any State except for appointment in such, services and posts as the Central Government may by special order in, (3) Every notification issued under sub-section (1) shall be laid, 7C. [127][128][129], In other parts of India, political and student activists protested that the law "marginalizes Muslims, is prejudicial against Muslims" and sought that Muslim migrants and refugees should also be granted Indian citizenship per its secular foundations. The Act provided two means for foreigners to acquire Indian citizenship. Cancellation of registration as overseas citizen of India.-, The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A if it is satisfied that-, (a) The registration as an overseas citizen of India was obtained by means of fraud, false representation or the concealment of any material fact; or, (b) The overseas citizen of India has shown disaffection towards the Constitution of India as by law established; or, (c) The overseas citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or, (d) The overseas citizen of India has, within five years after registration under sub-section (1) of section 7A has been sentenced to imprisonment for a term of not less than two years; or. Amendment of section 5.-In section 5 of the principal Act,-, (a) for sub-section (1), the following shall be substituted, namely:-, “(1) Subject to the provisions of this section and such other, conditions and restrictions as may be prescribed, the Central, Government may, on an application made in this behalf, register as a, citizen of India any person not being an illegal migrant who is not, already such citizen by virtue of the Constitution or of any other. Explanation 2.-For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.
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