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(Amendment)
Act, 2019
Parliament of India
Long title
An Act further to amend the
Citizenship Act, 1955.
Passed 10 December 2019
Passed 11 December 2019
Assented to 12 December 2019
Signed 12 December 2019
Legislative history
Amends
Legislative history
The Bill was introduced in Lok
Sabha on 19 July 2016 as the
Citizenship (Amendment) Bill, 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.
Consequent to dissolution of 16th
Lok Sabha, this Bill has lapsed.[57]
The Amendments
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):[1]
Analysis
The Bill amends the Citizenship Act
of 1955 to give eligibility for Indian
citizenship to illegal migrants who
are Hindus, Sikhs, Buddhists, Jains,
Parsis and Christians from
Afghanistan, Bangladesh and
Pakistan, and who entered India on
or before 31 December 2014. The
bill does not include Muslims.[68][69]
Immediate beneficiaries of the Bill,
according to Intelligence Bureau
records, will be just over 30,000
people.[70] India's previous
citizenship law, Citizenship Act
1955, did not consider religious
affiliation to be a criterion for
eligibility.[71]
Exclusion of Muslims
Exclusion of non-Muslim
countries
Aftermath
Reactions
Domestic
The foreign intelligence agency of
India R&AW had expressed concern
while deposing in front of the joint
parliamentary committee, and had
stated that the bill could be used by
agents of the foreign intelligence
agencies to infiltrate legally into
India.[111] Harish Salve, former
Solicitor General of India, said that
the bill does not violate Article 14,
Article 25 and Article 21 of the
Constitution of India.[112] He points
out that Article 15 and Article 21
apply only to the entities which
reside in India, not to those which
want to enter India. Salve says that
the bill doesn't violate secularism
and describes it as a 'narrowly-
tailored' provision that is designed
to address a specific issue.[113]
International
See also
The Foreigners Act, 1946
Indian nationality law
National Register of Citizens of
India
Illegal Migrants (Determination by
Tribunal) Act, 1983
Illegal immigration to India
Refugees in India
Assam Accord
1971 Bangladesh genocide
Notes
a. Indian government statistics show
289,394 "stateless persons" in India
in 2014. The majority are from
Bangladesh and Sri Lanka (about
100,000 each), followed by those
from Tibet, Myanmar, Pakistan and
Afghanistan.[32]
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Further reading
The Citizenship (Amendment) Bill,
2016 - Highlights and Summary by
PRS Legislative Research
External links
Citizenship Amendment Act needed
because there is no Hindu nation:
Nitin Gadkari
Q&A: Ministry of Home Affairs
answers questions on Citizenship
Amendment Act, 2019 , The Times
of India, 17 December 2019.
Report of Refugee Populations in
India , Human Rights Law Network,
November 2007.
Passport (Entry into India)
Amendment Rules, 2015 and
Foreigners (Amendment) Order,
2015 , The Gazette of India No. 553,
8 September 2015.
Citizenship (Amendment) Bill as
introduced in Lok Sabha, 2016 , PRS
Legislative Research, 2016.
Report of the Joint Parliament
Committee , Lok Sabha Secretariat,
2019 (via PRS Legislative
Research).
Citizenship (Amendment) Bill as
introduced in Lok Sabha, 2019 , PRS
Legislative Research, 2019.
Citizenship (Amendment) Bill as
passed by the Lok Sabha, 2019 ,
PRS Legislative Research, 2019.
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