Is CAA applicable to all states in India? non-arbitrary and it must have nexus with the purpose they are designed to serve. On 8 January 2019, the Citizenship (Amendment) Bill was passed by the Lower House of the Indian Parliament (Lok Sabha). Abstract This paper examines the provisions of the Citizenship Amendment Act (CAA) against the backdrop of the citizenship provisions of the Indian Constitution. He has a special research interest in Constitutional Law and Human Rights. Their right to practise and preach the religion of their choice has been curbed for years. Dirc Bouts, However, as seen in Assam, NRC is inherently flawed. Eligibility for citizenship for certain illegal migrants: The Act prohibits illegal migrants from acquiring Indian citizenship.Illegal migrants are foreigners who enter India without a valid passport or travel document, or stay beyond the permitted time. Marriage Contract Ep 5 Recap, Vvvvvv Characters, Abstract The Citizenship Amendment Act 2019 recently enacted by the union parliament is fundamentally discriminatory and has been enacted aiming to target India’s largest minority community i.e… There are several petitions against the Act that will be heard in the Supreme Court in January 2020. The government has defended by saying that, these three countries have state religion which is Islam, hence the implication is that in these countries minorities are at a special risk of being persecuted and therefore there can be blanket immunity given to them under the CAA. Liverpool Nike Kit Leaked, The CAB aims to make these illegal migrants of certain religions eligible for Indian citizenship. On 4 th December 2019 Union Cabinet cleared the Citizenship (Amendment) Bill, 2019 (hereinafter CAB). The Citizenship Act 1955 provides five ways of acquiring Indian citizenship, viz-Birth, Descent, Registration, Naturalisation and Incorporation of some territory into India. Northwest Vista, The principles of community participation, s premier intelligence agency are quite legitimate and valid, there is a, Constitutional and Administrative Law, O Hood Philips and Jackson. ResearchGate has not been able to resolve any citations for this publication. Download Citizenship Amendment Act notes PDF, notes of CAA Bill PDF for IAS Exam. Frick Collection Programs, The Indian government clarified that Muslims were not persecuted minorities in the Islamic countries of Pakistan, Afghanistan and Bangladesh. Its votaries argue that CAA doesn’t affect the citizenship of any Indian citizen and it is an Act that gives citizenship and rather than taking it away. commencement of Citizenship (Amendment) Act of, 2003, at least one of the parent is an Indian citizen at, the time of birth (its an interesting matter that the, Act uses the patriarchal pronoun âhis birthâ to, Amendment Act of 2003, a person will be an Indian, citizen if (a) both the parents are Indian citizen or (b), one of the parents is an Indian citizen and the other. Moreover, the CAA also hits Preamble, Article 15, 25 , 29 and 30 of the Indian Constitution besides Article 51C and Article 253 that makes an obligation to India to respect international law in its true spirit. Is CAA applicable to all states in India? What Are The Rights Of Passengers During A Traffic Stop, Ryzen 7 3700x Vs I5-9600kf, Cynthia Yaxon Dekalb County, See Report of The Joint Committee on The Citizenship (Amendment) Bill, 2016 (January 2019), para. citizenship will be in jeopardy. Nixon Movin Out The Kensington Watch, Meg Wolitzer Sleepwalking, That way also it can’t stand the test of Article 14. Though article 51 is in the directive principle of state policy and non-justiciable, the government can’t act in a manner contrary to it. Various political parties have opposed the Act and pointed out that this proposal provides citizenship on the basis of religion. exceeding a fine of 50 rupees in cases of failure to register. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. If one is Muslim and left out of NRC, then he absolutely has no chance and he is ruled out by virtue of CAA. 10th Duke Of Devonshire, Namakarana Procedure, Anthem Lights Gospel, Disclaimer : The current Bar Council Rules restrict the information that legal professionals may provide on websites and prohibits soliciting of clients. Since Muslims were unlikely to be persecuted communities there, the Act does not cover them. Urgent Vacancies In Afghanistan, Citizenship Amendment Act will not be applicable to the tribal areas of Tripura, Assam, Meghalaya and Mizoram, as these regions fall under the sixth schedule of the Constitution. Join ResearchGate to find the people and research you need to help your work. Mutual Consent Divorce is the Simplest Way to Obtain a D... Trade Unionism had made its headway owing to growth of industrialization and The opposition indicated that Muslims constitute close to 15% of the Indian population, and this Act leaves out immigrants from that community. permissible to be filed as pro... History of Law Reporting In India. They pointed out that the Act was discriminatory and unsecular as immigrants from Muslim communities were left out from the list of beneficiaries. The areas which are regulated by Inner Line Permit (ILP) in the states like Arunachal Pradesh, Mizoram, Nagaland, and Manipur are also exempted. The leading opposition parties led the protest against the CAA. The act itself doesn’t give any principle or norm on selecting three countries for its application.
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