Discussion on union and its

territories,
citizenship

• Includes Important cases

• Special Class by – Adv Himanshu Kashyap

• Former Civil Servant

12/6/2021 Adv Himanshu Kashyap 1

About Me- Adv Himanshu Kashyap
• Studies
• Sainik School, Rewa, MP
• B. A. LL. B. (Hons.) National Law Institute University, Bhopal, MP,
• LLM, Human Rights, National Law Institute University, Bhopal, MP,
JRF
• Pursuing PhD in Law.

• Work Experience
• Ex Civil Servant- Chief Executive Officer, MP State Service, 2014
Batch
• Assistant Professor, Law, JLU, Bhopal, and Raffles University

• Advocate, Madhya Pradesh High Court , Jabalpur, M. P. and have

been teaching civil services aspirants and judiciary aspirants since
2014.
12/6/2021 Adv Himanshu Kashyap 2
 Important for

UPSC CSE Mains GS-II (Polity)

UPSC CSE LAW Optional Paper I

Constitutional and Administrative Law

MPPSC Mains Paper II

Constitution of India

12/6/2021 Adv Himanshu Kashyap 3

Class Structure
• State Reorganisation
• Committees for state reorganisation
• Dhar, JVP and Fazl Ali
• Part 1
• Article1-4- the union and its territories
• Citizenship
• Acquisition of Citizenship
• Loss of Citizenship
• Overseas citizenship of India with 2021 notification
• CAA, 2019
• NRC
• Assam Accord
• Supreme Court
• Recap

12/6/2021 Adv Himanshu Kashyap 4

MCQ
• Q. Junagarh was integrated in India by means of
• A. Police Action
• B. Referendum
• C. Instrument of Accession
• D. None of these
MCQ
• Q. Junagarh was integrated in Indiaby means of
• A. Police Action
• B. Referendum
• C. Instrument of Accession
• D. None of these
Integration of India
• Of the 552 princely states 549 princly states integrated with nation
while remaining 3, Hyderabad, Junagarh and Kashmir were added
later.

• Hyderabad by means of police force

• Junagarh by means of referendum
• Kashmir by Instrument of Accession
Demand for reorganisation of States
• S. K. Dhar Commission (1948) (Linguistic Provinces Commission)
• Considered four points for state reorganisation
• 1. geographical continuity
• 2. financial self reliance
• 3. Administrative viability
• 4. Potential for development
JVP Committee (April 1949)
• Jawaharlal Nehru
• Vallahbhai Patel
• Pattabhi Sitaramayya

• Rejected language as basis for reorganisation

• Potti Sriramulu died on 19th December, 1952 in hunger strike of 56 days

demanding separate state for telugu speaking people.

• Andhra State created in 1953.

States Reorganisation Commission, December
1953
• Fazl Ali
• K M Panikkar
• H N Kunzru

• Report submitted in September, 1955

• Four major factors that can be taken into account-

• 1. linguistic and cultural homogeneity
• 2. Preservation and strengthening of the unity and security of the country
• 3. financial, economic and administrative considerations
• 4. planning and promotion of welfare of the people in each state as well as of the nation
as a whole.
State Reorganisation Act, 1956
• Seventh Constitutional Amendment Act, 1956

• 14 states and 6 union territories were created on 1st November, 1956.

States Union Territories

Andhra Pradesh, Assam, Bihar, Bombay, Jammu and Andaman and Nicobar Islands, Delhi, Himanchal
Kashmir, Kerala, Madhya Pradesh, Madras, Pradesh, Manipur, Tripura, (Laccadive, Minicoy and
Mysore, Orissa, Punjab, Rajasthan, UP, West Bengal Amindivi islands)
Article 1. Name and territory of the Union

• (1) India, that is Bharat, shall be a Union of States

• (2) The States and the territories thereof shall be as specified in the
First Schedule
• (3) The territory of India shall comprise
• (a) the territories of the states
• (b) the union territories specified in first schedule
• (c) such other territories as may be acquired
H. V. Kamath
• I move
• "That in amendment No. 130 of List IV (Eighth Week), for the proposed clause (1) of article 1, the
following be substituted :--
• '(1) Bharat or, in the English language, India, shall be a Union of States.' "
• or, alternatively,
• "That in amendment No. 130 of List IV (Eighth Week), for the proposed clause (1) of article 1, the
following be substituted :
• '(1) Hind, or, in the English language, India, shall be a Union of
States.' "
 CAD
• At the end of the debate, when Article 1 was voted upon, Assembly
members rejected Kamath’s amendment and accepted Ambedkar’s. And so,
the Constitution of India 1950 opened with ‘India, that is Bharat, is a Union of States’.
• 9.144.174
• President
• The question is :
• "That in amendment No. 130 of List IV (Eighth Week), for the proposed clause (1) of article
1, the following be substituted :
• '(1) Bharat, or, in the English language, India, shall be a Union of States.' "
• The Assembly divided by show of hands.
• Ayes : 38
• Noes : 51
• The amendment was negatived.
President
• 18-9-1949
• The question is :
• "That for clauses (1) and (2) of article 1 the following clauses be substituted:
• '(1 ) India, that is, Bharat shall be a Union of States.
• (2) The States and the territories thereof shall be the States and their territories for the time being
specified in Parts I, II and III of the First Schedule.' "
• The amendment was adopted.
Article 2
• 2. Admission or establishment of new States.—Parliament may by
law admit into the Union, or establish, new States on such terms
and conditions as it thinks fit.

• Only applicable when acquiring new territory.

 Article 3
• 3. Formation of new States and alteration of areas, boundaries or
names of existing States.—Parliament may by law—
• (a) form a new State by separation of territory from any State or by
uniting two or more States or parts of States or by uniting any territory
to a part of any State;
• (b) increase the area of any State;
• (c) diminish the area of any State;
• (d) alter the boundaries of any State;
• (e) alter the name of any State:
• [Provided that no Bill for the purpose shall be introduced in either
House of Parliament except on the recommendation of the President
and unless, where the proposal contained in the Bill affects the area,
boundaries or name of any of the States,

• the Bill has been referred by the President to the Legislature of that
State for expressing its views thereon within such period as may be
specified in the reference or within such further period as the
President may allow and the period so specified or allowed has
expired.]
• Eg- Andhra Pradesh and Telangana, J&k
In RE Berubari case
• Cessation of territory only by constitutional amendment.

• Recent 100th Constitutional amendment, 2015

• India and Bangladesh- agreement
Citizenship

12/6/2021 Adv Himanshu Kashyap 20

MEANING AND SIGNIFICANCE
• Like any other modern state, India has two kinds of people—citizens and
aliens.

• Citizens are full members of the Indian State and owe allegiance to it. They
enjoy all civil and political rights. Aliens, on the other hand, are the citizens
of some other state and hence, do not enjoy all the civil and political rights.
They are of two categories—friendly aliens or enemy aliens.
• Friendly aliens are the subjects of those countries that have cordial
relations with India. Enemy aliens, on the other hand, are the subjects of
that country that is at war with India. They enjoy lesser rights than the
friendly aliens, eg, they do not enjoy protection against arrest and
detention (Article 22).
12/6/2021 Adv Himanshu Kashyap 21
Constitutional Rights
• The Constitution confers the following rights and privileges on the citizens
of India (and denies the same to aliens):
• 1. Right against discrimination on grounds of religion, race, caste, sex or
place of birth (Article 15).
• 2. Right to equality of opportunity in the matter of public employment
(Article 16).
• 3. Right to freedom of speech and expression, assembly, association,
movement, residence and profession (Article 19).
• 4. Cultural and educational rights (Articles 29 and 30).
• 5. Right to vote in elections to the Lok Sabha and state legislative assembly.
12/6/2021 Adv Himanshu Kashyap 22
• 6. Right to contest for the membership of the Parliament and the
state legislature.
• 7. Eligibility to hold certain public offices, that is, President of India,
Vice-President of India, judges of the Supreme Court and the high
courts, governor of states, attorney general of India and advocate
general of states.

• Duties on citizens also . Part IVA

12/6/2021 Adv Himanshu Kashyap 23

CONSTITUTIONAL PROVISIONS
• The Constitution deals with the citizenship from Articles 5 to 11 under
Part II. However, it contains neither any permanent nor any elaborate
provisions in this regard. It only identifies the persons who became
citizens of India at its commencement (i.e., on January 26, 1950). It
does not deal with the problem of acquisition or loss of citizenship
subsequent to its commencement. It empowers the Parliament to
enact a law to provide for such matters and any other matter relating
to citizenship.

12/6/2021 Adv Himanshu Kashyap 24

Q.
• Parliament can regulate citizenship by law is provided under Article
• A. 11
• B. 10
• C. 9
• D. 8

12/6/2021 Adv Himanshu Kashyap 25

Q.
• Parliament can regulate citizenship by law is provided under Article
• A. 11
• B. 10
• C. 9
• D. 8

12/6/2021 Adv Himanshu Kashyap 26

T. A. MAHOMED USMAN VERSUS STATE OF MADRAS
REPRESENTED BY SECY. TO GOVT. OF MADRAS, 1959 HC
• The question, whether the provision is prospective or retrospective
must depend upon the language used by the enactment. Obviously
Section 9 (1) covers the period between 26-1-1950 the date of the
Constitution and 30-12-1955 when the Citizenship Act came into
force. To uphold the construction urged by learned Counsel would be
to ignore the specific terms of Section 9 (1) and to create a gap
between 26-1-1950 and 3012-1955 when as a fact, the terms of
Section 9 (1) were designed to avoid any such.
• If Section 9 (1) were in terms retrospective from 26-1-1950 it follows
that unless the rules contained any specific provision they would
operate in so far as they related to the termination of citizenship
during the same period, that is retrospectively.
12/6/2021 Adv Himanshu Kashyap 27
Hindu or sikh
• P. S. Deshmukh

• "That in amendment No. 1 of List I (Second Week) of Amendments to

Amendments, for the proposed article 5, the following be substituted:-
• '5. (i) Every person residing in India--
• (a) who is born of Indian parents; or
• (b) who is naturalised under the law of naturalisation; and
• (ii) every person who is a Hindu or a Sikh by religion and is not a citizen of
any other State, wherever he resides
• shall be entitled to be a citizen of India.'"

12/6/2021 Adv Himanshu Kashyap 28

 Article-5
Citizenship at the commencement of the Constitution

• At the commencement of this Constitution, every person who has his

domicile in the territory of India and —
•
• (a) who was born in the territory of India; or
• (b) either of whose parents was born in the territory of India; or
• (c) who has been ordinarily resident in the territory of India for
not less than five years immediately preceding such commencement,
•
• shall be a citizen of India.
12/6/2021 Adv Himanshu Kashyap 29
Domicile
• Residence
• Domicile
• Intention to settle down permanently
• Citizenship

• Domicile = Residence + intention to reside permanently

12/6/2021 Adv Himanshu Kashyap 30

Louis De Raedt Versus Union Of India And Others, Writ Petition (Civil)
No. 1410 of 1987

• According to his case, Mr Louis De Raedt has been staying in India

continuously since 1937 excepting on two occasions when he went to
Belgium for short period in 1966 and 1973.

• It has been contended that by virtue of the provisions of Article 5 (c)

of the Constitution of India the petitioner became a citizen of this
country on November 26, 1949, and he cannot, therefore, be expelled
on the assumption that he is a foreigner.

12/6/2021 Adv Himanshu Kashyap 31

• The argument is that since Mr Louis De Raedt was staying in this
country since 1937, that is, for a period of more than five years
immediately preceding the commencement of Constitution, he must
be held to have duly acquired Indian citizenship.

12/6/2021 Adv Himanshu Kashyap 32

• It contained a prayer for the extension of the period of stay for one
year. The petitioner mentioned the reason for extensions of his stay
thus: “to do further social work as a missionary”.

• The purpose of his visit to India was also similarly mentioned: “to do
social work as a missionary”. There was no indication whatsoever in
the said application that he intended to stay in this country on a
permanent basis. The period for which the extension was asked for
being one year only indicated that by 1980 he had not decided to
reside here permanently.

12/6/2021 Adv Himanshu Kashyap 33

• 10. For the acquisition of a domicile of choice, it must be shown that
the person concerned had a certain state of mind, the animus
manendi (The intention of remaining). If he claims that he acquired a
new domicile at a particular time, he must prove that he had formed
the intention of making his permanent home in the country of
residence and of continuing to reside there permanently. Residence
alone, unaccompanied by this state of mind, is insufficient.

• 15. For the reasons mentioned above, we do not find any merit in the
petitions, which are accordingly dismissed, but without cost

12/6/2021 Adv Himanshu Kashyap 34

Article 9
Persons voluntarily acquiring citizenship of a foreign State not to be citizens

• No person shall be a citizen of India by virtue of article 5, or be deemed to

be a citizen of India by virtue of article 6 or article 8, if he has voluntarily
acquired the citizenship of any foreign State.

• CAD
• Article 9 was initially a proviso to Article 5 of the Constitution. In the
Assembly it was debated as a part of Article 5. During the revision stages,
the Drafting Committee believed that bar on dual citizenship must be a
general principle and not be restricted to conditions under Article 5.

12/6/2021 Adv Himanshu Kashyap 35

Article 10
Continuance of the rights of citizenship

• Every person who is or is deemed to be a citizen of India under any of

the foregoing provisions of this Part shall, subject to the provisions of
any law that may be made by Parliament, continue to be such citizen.
•

12/6/2021 Adv Himanshu Kashyap 36

Article 11
Parliament to regulate the right of citizenship by law.

• Nothing in the foregoing provisions of this Part shall derogate from

the power of Parliament to make any provision with respect to the
acquisition and termination of citizenship and all other matters
relating to citizenship
•

12/6/2021 Adv Himanshu Kashyap 37

THE CITIZENSHIP ACT, 1955
• An Act to provide for the acquisition and determination of Indian
citizenship.

• [(b) “illegal migrant” means a foreigner who has entered into India― (i)
without a valid passport or other travel documents and such other
document or authority as may be prescribed by or under any law in that
behalf; or (ii) with a valid passport or other travel documents and such
other document or authority as may be prescribed by or under any law in
that behalf but remains therein beyond the permitted period of time;]

• (ee) “Overseas Citizen of India Cardholder” means a person registered as

an Overseas Citizen of India Cardholder by the Central Government under
section 7A;]

12/6/2021 Adv Himanshu Kashyap 38

• Non Residential India- An Indian citizen who is ordinarily residing outside
India and holds an Indian Passport.

• Person of India Origin- A person who or whose any of Ancestors was an

Indian national and who is presently Holding another country’s citizenship

• Overseas Citizen of India (OCI) Cardholder-A person registered as Overseas

Citizen of India (OCI) Cardholder under the Citizenship Act, 1955

• Merger of pio and oci card

12/6/2021 Adv Himanshu Kashyap 39

Oci
• 7A. Registration of Overseas Citizen of India Cardholder.―
• (1) The Central Government may, subject to such conditions, restrictions
and manner as may be prescribed, on an application made in this behalf,
register as an Overseas Citizen of India Cardholder―
• (a) any person of full age and capacity,―
• (i) who is a citizen of another country, but was a citizen of India at the time
of, or at any time after the commencement of the Constitution; or
• (ii) who is a citizen of another country, but was eligible to become a citizen
of India at the time of the commencement of the Constitution; or
 Acquisition of Citizenship
• The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth,
descent, registration, naturalisation and incorporation of territory:

• 1. By Birth
• A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen
of India by birth irrespective of the nationality of his parents.
• A person born in India on or after 1st July 1987 is considered as a citizen of India only if
either of his parents is a citizen of India at the time of his birth.
• Further, those born in India on or after 3rd December 2004 are considered citizens of
India only if both of their parents are citizens of India or one of whose parents is a citizen
of India and the other is not an illegal migrant at the time of their birth.
• The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian
citizenship
12/6/2021
by birth. Adv Himanshu Kashyap 41
Descent-
• 2. By Descent
• A person born outside India on or after 26th January 1950 but before 10th December 1992 is a
citizen of India by descent, if his father was a citizen of India at the time of his birth.
• A person born outside India on or after 10th December 1992 is considered as a citizen of India if
either of his parents is a citizen of India at the time of his birth.
• From 3rd December 2004 onwards, a person born outside India shall not be a citizen of India by
descent, unless 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 said period. An
application, for registration of the birth of a minor child, to an Indian consulate shall be
accompanied by an undertaking in writing from the parents of such minor child that he or she
does not hold the passport of another country.
• Further, a minor who is a citizen of India by virtue of descent and is also a citizen of any other
country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of
another country within six months of his attaining full age.

12/6/2021 Adv Himanshu Kashyap 42

3. By Registration
• 3. By Registration
• The Central Government may, on an application,
• register as a citizen of India any person (not being an illegal migrant) if he belongs
to any of the following categories, namely:-
• (a) a person of Indian origin who is ordinarily resident in India for seven years
before making an application for registration;
• (b) a person of Indian origin who is ordinarily resident in any country or place
outside undivided India;
• (c) a person who is married to a citizen of India and is ordinarily resident in India
for seven years before making an application for registration;
• (d) minor children of persons who are citizens of India;
• (e) a person of full age and capacity whose parents are registered as citizens of
India;
12/6/2021 Adv Himanshu Kashyap 43
Naturalisation- 12 years
• 4. By Naturalisation
• The Central Government may, on an application, grant a certificate of
naturalisation to any person (not being an illegal migrant) if he possesses
the following qualifications:
• (a) that he is not a subject or citizen of any country where citizens of India
are prevented from becoming subjects or citizens of that country by
naturalisation;
• (b) that, if he is a citizen of any country, he undertakes to renounce the
citizenship of that country in the event of his application for Indian
• citizenship being accepted;

12/6/2021 Adv Himanshu Kashyap 44

• (e) that he is of good character;
• (f) that he has an adequate knowledge of a language specified in the
Eighth Schedule to the Constitution, and
• (g) that in the event of a certificate of naturalisation being granted to
him, he intends to reside in India, or to enter into or continue in,
service under a Government in India or under an international
organisation of which India is a member or under a society, company
or body of persons established in India.

12/6/2021 Adv Himanshu Kashyap 45

• However, the Government of India may waive all or any of the above
conditions for naturalisation in the case of a person who has rendered
distinguished service to the science, philosophy, art, literature, world
peace or human progress. Every naturalised citizen must take an oath
of allegiance to the Constitution of India.

12/6/2021 Adv Himanshu Kashyap 46

Incorporation of Territory
• 5. By Incorporation of Territory If any foreign territory becomes a
part of
• India, the Government of India specifies the persons who among the
people of the territory shall be the citizens of India. Such persons
become the citizens of India from the notified date.
• For example, when Pondicherry became a part of India, the
Government of India issued the Citizenship (Pondicherry) Order, 1962,
under the Citizenship Act, 1955.

12/6/2021 Adv Himanshu Kashyap 47

Loss of Citizenship
• The Citizenship Act, 1955, prescribes three ways of losing citizenship
• whether acquired under the Act or prior to it under the Constitution,
viz,
• renunciation, termination and deprivation:

12/6/2021 Adv Himanshu Kashyap 48

Renunciation
• 1. By Renunciation Any citizen of India of full age and capacity can
make a declaration renouncing his Indian citizenship. Upon the
registration of that declaration, that person ceases to be a citizen of
India.
• However, when a person renounces his Indian citizenship, every
minor child of that person also loses Indian citizenship. However,
when such a child attains the age of eighteen, he may resume Indian
citizenship.

12/6/2021 Adv Himanshu Kashyap 49

Termination
• 2. By Termination When an Indian citizen voluntarily (consciously,
• knowingly and without duress, undue influence or compulsion)
acquires the citizenship of another country, his Indian citizenship
automatically terminates.

12/6/2021 Adv Himanshu Kashyap 50

Deprivation
• 3. By Deprivation It is a compulsory termination of Indian citizenship by the
• Central government, if:
• (a) the citizen has obtained the citizenship by fraud:
• (b) the citizen has shown disloyalty to the Constitution of India:
• (c) the citizen has unlawfully traded or communicated with the enemy during
• a war;
• (d) the citizen has, within five years after registration or naturalisation, been
• imprisoned in any country for two years; and
• (e) the citizen has been ordinarily resident out of India for seven years
• continuously

12/6/2021 Adv Himanshu Kashyap 51

OVERSEAS CITIZENSHIP OF INDIA
• [(ee) “Overseas Citizen of India Cardholder” means a person registered as an
Overseas Citizen of India Cardholder by the Central Government under section
7A;]

• [7A. Registration of Overseas Citizen of India Cardholder.―

• (1) The Central Government may, subject to such conditions, restrictions and
manner as may be prescribed, on an application made in this behalf, register as
an Overseas Citizen of India Cardholder―
• (a) any person of full age and capacity,―
• (i) who is a citizen of another country, but was a citizen of India at the time of, or
at any time after the commencement of the Constitution; or
• (ii) who is a citizen of another country, but was eligible to become a citizen of
India at the time of the commencement of the Constitution; or

12/6/2021 Adv Himanshu Kashyap 52

• 7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding
anything contained in any other law for the time being in force, an Overseas Citizen of
India Cardholder shall be entitled to such rights, other than the rights specified under
sub-section (2), as the Central Government may, by notification in the Official Gazette,
specify in this behalf.
• (2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred
on a citizen of India―
• (a) under article 16 of the Constitution with regard to equality of opportunity in matters
of public employment;
• (b) under article 58 of the Constitution for election as President;
• (c) under article 66 of the Constitution for election as Vice-President;
• (d) under article 124 of the Constitution for appointment as a Judge of the Supreme
Court;
• (e) under article 217 of the Constitution for appointment as a Judge of the High Court;
• (f) under section 16 of the Representation of the People Act, 1950 (43 of 1950) in regard
to registration as a voter;
• (g) under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 1951)
with regard to the eligibility for being a member of the House of the People or of the
Council of States, as the case may be;

12/6/2021 Adv Himanshu Kashyap 53

2021 notification
• Central Government hereby specifies the following rights to which an Overseas Citizen of
India Cardholder (hereinafter referred to as the OCI cardholder) shall be entitled, with
effect from the date of publication of this notification in the Official Gazette, namely:─
• (1) grant of multiple entry lifelong visa for visiting India for any purpose:
• Provided that for undertaking the following activities, the OCI cardholder shall be
required to obtain a special permission or a Special Permit, as the case may be, from the
competent authority or the Foreigners Regional Registration Officer or the Indian
Mission concerned, namely:-
• (i) to undertake research;
• (ii) to undertake any Missionary or Tabligh or Mountaineering or Journalistic activities;
• (iii) to undertake internship in any foreign Diplomatic Missions or foreign Government
organisations in India or to take up employment in any foreign Diplomatic Missions in
India;
• (iv) to visit any place which falls within the Protected or Restricted or prohibited areas as
notified by the Central Government or competent authority;
• (3) parity with Indian nationals in the matter of,-

• (i) tariffs in air fares in domestic sectors in India; and

• (ii) entry fees to be charged for visiting national parks, wildlife sanctuaries,
the national monuments, historical sites and museums in India;
• (4) parity with Non-Resident Indians in the matter of,-
• (i) inter-country adoption of Indian children subject to the compliance of the
procedure as laid down by the competent authority for such adoption;

• The OCI Cardholder (including a PIO cardholder) is a foreign national holding

passport of a foreign country and is not a citizen of India
• 7C. Renunciation of Overseas Citizen of India Card.―
• (1) If any Overseas Citizen of India Cardholder of full age and capacity
makes in prescribed manner a declaration renouncing the Card
registering him as an Overseas Citizen of India Cardholder, the
declaration shall be registered by the Central Government, and upon
such registration, that person shall cease to be an Overseas Citizen of
India Cardholder

12/6/2021 Adv Himanshu Kashyap 56

• 7D. Cancellation of registration as Overseas Citizen of India
Cardholder.―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 Cardholder was
obtained by means of fraud, false representation or the concealment
of any material fact; or

12/6/2021 Adv Himanshu Kashyap 57

• (b) the Overseas Citizen of India Cardholder has shown disaffection
towards the Constitution
• (c) the Overseas Citizen of India Cardholder 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 Cardholder has, within five years after
registration under sub-section (1) of section 7A, been sentenced to
imprisonment for a term of not less than two years; or
• (e) it is necessary so to do in the interests of the sovereignty and integrity
of India, the security of India, friendly relations of India with any foreign
country, or in the interests of the general public;

12/6/2021 Adv Himanshu Kashyap 58

Amendment, 2019
• 2. Interpretation.―(1) In this Act, unless the context otherwise requires,―
• (a) “a Government in India” means the Central Government or a State
Government.

• [(b) “illegal migrant” means a foreigner who has entered into India―
• (i) without a valid passport or other travel documents and such other
document or authority as may be prescribed by or under any law in that
behalf; or
• (ii) with a valid passport or other travel documents and such other
document or authority as may be prescribed by or under any law in that
behalf but remains therein beyond the permitted period of time;]

12/6/2021 Adv Himanshu Kashyap 59

• Provided that any person belonging to Hindu, Sikh, Buddhist, Jain,
Parsi or Christian community from Afghanistan, Bangladesh or
Pakistan, who entered into India on or before the 31st day of
December, 2014 and who has 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 rule or order made
thereunder, shall not be treated as illegal migrant for the purposes of
this Act;".

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National Register of Indian Citizens
• [14A. Issue of national identity cards.―(1) The Central Government
may compulsorily register every citizen of India and issue national
identity card to him.
(2) The Central Government may maintain a National Register of
Indian Citizens and for that purpose establish a National Registration
Authority.

• * added by amendment, 2004

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Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003
w.e.f. 10.12.2003

• In exercise of the powers under section 18 (1) and (3) of the

Citizenship Act, 1955, the Central Government on 10.12.2003 enacted
Citizenship (Registration of Citizens and Issue of National Identity
Cards) Rules 2003.
• These Rules mention about both population register as well as
citizen’s register. According to Rule 3 the Registrar General of Citizen
Registration shall establish and maintain National Register of Indian
Citizens, which shall be divided at State level, District level, sub
district level, village or ward level.

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Instruction Manual for Updation of National Population Register (NPR)
2020 issued in December 2019

• National Population Register (NPR) of all the ‘usual residents’ in the

country was created in 2010. The field work for NPR data collection
was undertaken alongwith Houselisting and Housing Census 2010.The
electronic database of more than 119 crore usual residents of the
country has already been created under NPR in English as well as the
Regional Languages by collecting specific information of all usual
residents. As per decision of the Government of India, the NPR
Database has been updated during 2015-16 in all States/UTs (except
Assam and Meghalaya) to make a comprehensive resident database.

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 Background-Assam issue
• Assam, being a border state with unique problems of illegal immigration, had a register of citizens created for it in
1951 based on the 1951 census data. However, it was not maintained afterwards.
• In 1985 the Assam Accord was signed, which mandated a second NRC. The Assam Accord ended the six-year-long
Assam Agitation, which was a response to the large inflow of migrants during the Indo-Pakistani War of 1971.
•
• Clause 5 of Assam Accord: Foreigners Issue:
• 5.1 For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.
• 5.2 All persons who came to Assam prior to 1.1.1966, including those amongst them whose name appeared on the
electoral rolls used in 1967 elections, shall be regularized.
• 5.3 Foreigners who came to Assam after 1.1.1966 (inclusive) and upto 24th March 1971 shall be detected in
accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.
• 5.4 Names of Foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required
to register themselves before the Registration Officers of the respective districts in accordance with the provisions
of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.

• [6A. Special provisions as to citizenship of persons covered by the Assam Accord, added in 1985

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• After more than forty years, the State began to update the NRC in 2013, upon the
direction of the Supreme Court. A Division Bench comprising CJI Ranjan Gogoi and Justice
Rohinton Nariman closely monitored the process, to ensure that the Government was
complying with the Citizenship Act 1955 and Citizenship (Registration of Citizens and
Issue of National Identity Card Rules) 2003.
•
• On 30 July 2018, the complete NRC draft was released. As per this draft,
around 2,89,83,677 of the total 3.29 crore applications were recognised as Indian
citizens. The draft labeled 40,70,707 persons as illegal residents.
•
• Immediately after the draft was published, on 31 July, the Supreme Court directed
authorities to abstain from taking coercive action against the 4 million people, whose
names did not figure in the NRC, on the grounds that the 30 July NRC was merely a draft.
•

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Assam Public Works v. Union of India, 2019
• Finally, on 31 August 2019, the final NRC list was published: 19,06,657
out of the 3,30,27,661 applicants were excluded. The Office of the
State Coordinator published the list on its website.
•
• A three-judge Bench led by current Chief Justice SA Bobde continues
to monitor the situation. In the last hearing on 6 January 2020, it
heard pleas regarding children being sent to detention centres.

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Documents to be furnished
• Two sets of documents had to be furnished by the applicants for inclusion in the updated NRC.
They are -
• List A Documents: For inclusion of names of any person in updated NRC, the applicants must
produce any one of the following List A documents issued before 24 March (midnight), 1971
where the name of self or ancestor appears (to prove residence in Assam up to 24 March
(midnight), 1971) - 1951 NRC, Electoral Roll(s) up to 24 March (midnight), 1971, Land & Tenancy
Records, Citizenship Certificate, Permanent Residential Certificate, Refugee Registration
Certificate
• List B Documents: If any of the documents of List A is not of the applicant himself/herself but that
of an ancestor, namely, father or mother or grandfather or grandmother or great grandfather or
great grandmother (and so on) the applicant then have to submit List B documents to establish
relationship with such ancestor, i.e., father or mother or grandfather or grandmother or great
grandfather or great grandmother, etc. whose name appears in List A. Such documents shall have
to be legally acceptable document which clearly proves such relationship. The applicants must
produce any one of the following List B to establish the linkage: Birth Certificate, Land document,
Board/University Certificate, Bank/LIC/Post Office records, Any other legally acceptable
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document.
Assam Sanmilita Mahasangh V. Union of India
2015
• In the matter of Assam Sanmilita Mahasangh V. Union of India 2015
(3) SCC 1 the question of validity of section 3 (1) (a) and (b) of
Citizenship Act 1955 is referred to the Constitution bench of the
Hon’ble Supreme Court and the same is still pending.

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Recap
• Article 1-4
• State reorganisation
• CAD
• Citizenship
• Acquisition of Citizenship
• Loss of Citizenship
• Overseas citizenship of India with 2021 notification
• CAA, 2019
• NRC
• Assam Accord
• Supreme Court
• cases

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