The act seeks to discount the minimum years of residency in India to apply for citizenship to be lessened from 12 years to 7 years for such migrants which are mentioned above. Some people from these communities in these countries have also fears about facing such persecution in their day-to-day life, where the right to practice, profess and propagate their religion has been obstructed. The CAB entitles the OCI holders to benefits such as the right to travel to India and to work and study in the country. which governs the state of Sikkim and provides it special status. The Citizenship Amendment Bill or (CAB) grants Indian citizenship to the non-muslims of Afghanistan Pakistan and Bangladesh has been passed by both the houses of the parliament and has now become an act after the assent from the President. For reduction of period from 11 years to 5 years for the persecuted minorities in the three countries, the Government argued that imposing condition of 11 years residence to get citizenship by Naturalisation “denies them many opportunities and advantages that may accrue only to the citizens of India even though they are likely to stay in India permanently.”, Article 14 of the Constitution of India says that “State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” The phrase “within the territory of India” conveys that equality should be given to all persons residing in India which includes foreigners and citizens. font-size: 12px; citizenship grants upon individual membership in a national political community. THE CITIZENSHIP (AMENDMENT) BILL, 2019 (prior to the submission of report of Joint Parliamentary Committee it was introduced as The Citizenship (Amendment) Bill, 2016), was introduced in the Lok Sabha as on 19 th June 2016 and it was referred to a Joint Parliamentary Committee as on 12 th August 2016 and the Joint Parliamentary Committee submitted its report to Lok Sabha as on 7 th January 2019. On or after the commencement of the Citizenship (Amendment) Act, 2003 where―, His father or mother possesses such immunity from suits as is provided to an envoy of foreign sovereign power authorized to the President of India and is not a citizen of India; or. But it is silent when it comes to providing citizenship to the Muslims. Before this Act, these immigrants were not allowed to apply for Indian Citizenship as they came to India illegally. Therefore any legislation that fails the test of “basic structure” is unconstitutional. with the definition of illegal migrant. The Constitution of Pakistan, Afghanistan and Bangladesh provide for a specific State religion i.e Islam. The immigrants shall have to register with government authority for citizenship and give a proof of having faced religious persecution. Parties like Shiv Sena have been asking for an exact number. A minor who is an Indian Citizen under this section and is also a citizen of some other country shall cease to be a citizen of India if he does not renounce the citizenship of that country within six months of attaining the full age. It covers such a person who has entered without a Passport or has not complied with the conditions of the Passport. In the amendment, persons belonging to minority communities of Hindus, Jains, Sikhs, Christians, Buddhists and Parsis from Afghanistan, Pakistan and Bangladesh, who have entered into India on or before 31st December 2014 have been excluded from the definition of “illegal immigrants”, given in Section 2(1)(b) of the Citizenship Act. %���� Outsider can neither buy land nor do business in the states protected by ILP. Also, giving the Central Government power to notify such laws whose violation would lead to cancellation of OCI Card is a wide discretion that may amount to an excessive delegation by the legislature. Several petitions have been filed in the Supreme Court challenging the constitutional validity of the Citizenship (Amendment) Act, 2019. It has also relaxed the time limit for getting Citizenship by Naturalisation from eleven years to five years for these communities. But, the methods must be following the spirit of the Constitution. However, from December 2004 onwards, a person is considered an Indian citizen only if his/her birth is registered within one year, Subject to certain conditions and restrictions, the person of Indian origin or a woman married to an Indian citizen can be registered as an Indian citizen. Article 9:This article provides that any person who has the citizenship of any other country will not be entitled to the citizenship of India. The act shall also pass the reasonable classification test as was given in the case of State of Madras v. V.G.