CAA 2019

WHAT IS CAA 2019

The Citizenship Amendment Bill ( an amendment to Citizenship Act of 1955) was first introduced in Lok Sabha on 19 July 2016. It was referred to the Joint Parliamentary Committee on 12 August 2016. The Committee submitted its report on 7 January 2019 to Parliament. The Bill was taken into consideration and passed by Lok Sabha on 8 January 2019. It was pending for consideration and passing by the Rajya Sabha. due to the dissolution of 16th Lok Sabha, this Bill lapsed.

Later in 17th Lok Sabha, the Union Cabinet cleared the Citizenship Amendment Bill, 2019, on 4 December 2019 for introduction in the parliament. The Bill was introduced in the Lok Sabha by the Minister of Home Affairs Amit Shah on 9 December 2019 and was passed on 10 December 2019, with 311 MPs voting in favor and 80 against the Bill.

The bill was later passed by the Rajya Sabha on 11 December 2019 with 125 votes in favor and 105 votes against it.

After receiving assent from the President of India on 12 December 2019, the bill assumed the status of an act. The Citizenship Amendment Act of 2019 amended the Citizenship Act, 1955, by inserting the following provisos in section 2, sub-section (1), after clause (b):

Provided that persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who have 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 order made thereunder, shall not be treated as illegal migrants for the purposes of that Act

A new section, 6B, was inserted, providing further that:

on and from the date of commencement of the Act, any person referred to in the first proviso shall be eligible to apply for naturalization and any proceeding pending against such person in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him.

The “exempted” classes of persons were previously defined in the Foreigners (Amendment) Order, 2015, (issued under the Foreigners Act, 1946)

3A. Exemption of certain class of foreigners. – (1) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014

(a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950; or

(b) with valid documents including passport or other travel document and the validity of any of such documents has expired,

are hereby granted exemption from the application of provisions of the Foreigners Act, 1946, and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be

In addition to these, changes were made to Overseas Citizen of India as well.

 

Click here to view the complete Citizenship Amendment Bill 2019 that was presented in the parliament.