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The Citizenship (Amendment) Bill 2019 was approved by Parliament on 11th December 2019 and became an Act after obtaining the President’s approval. The Citizenship (Amendment) Act of 2019 modifies the Citizenship Act of 1955.

Citizenship can be attained in a number of methods under the Citizenship Act of 1955. It grants citizenship through birth, ancestry, enrolment, legalization, and inclusion of the region into India. Furthermore, it governs the enrolment and entitlements of Overseas citizens of India Cardholders (OCIs). An OCI is eligible for several privileges, including numerous entrances into India, a multifunctional lifetime visa to enter India.

Prohibition From Acquiring Indian Citizenship For Illegal Migrant

It is unlawful for an illegal migrant to get Indian citizenship. An illegal immigrant is a person who reaches India unlawfully, without visa approval papers or valid documents. A foreigner with such invalid travel documents usually enters lawfully but remains longer than the time period specified in their visa applications & travel papers. In India, an unlawful migrant might be punished, arrested, fined, sued, charged, expelled, or jailed.

The government protected some categories of illegal migrants from becoming arrested or expelled in September 2015 and July 2016. These are illegal migrants who entered the country from Afghanistan, Bangladesh, or Pakistan before or on December 31, 2014. They identify themselves to be from Hinduism, Sikhism, Buddhism, Jainism, Parsi, or Christianity spiritual groups.

Key Provisions Of The Citizenship (Amendment) Bill 2019

• The Act is amended by the Bill to establish for the migrants from Hinduism, Sikhism, Buddhism, Jainism, Parsis, and Christianity communities from neighboring countries like Afghanistan, Bangladesh, and Pakistan who entered the country before or on December 31, 2014, These migrants are not considered unlawful migrants
• To avail of this benefit, individuals should have been excluded by the central government from the Foreigners Act of 1946 and the Passport Act of 1920
• The 1920 Act necessitates immigrants to have a passport, whereas the 1946 Act governs foreigners’ admission and leaving from India
• Citizenship by registering or naturalization: If a person satisfies specific criteria, the Act permits them to seek citizenship by registering or naturalization
• For example, if a person occupies a year in India and either of his parents is formerly an Indian citizen, that individual can appeal for gaining citizenship through registering for the same
• One of the necessities for gaining citizenship by naturalization is that the person must have existed in India or rendered services for the central government for a minimum of 11 years previous to obtaining citizenship
• With reference to this criterion, the Bill makes an exception for Hinduism, Sikhism, Buddhism, Jainism, Parsis, and Christianity communities from Afghanistan, Bangladesh, and Pakistan. The 11-year threshold will be shortened to five years for these persons
• When a person gains citizenship, (i) they are considered to be citizens of the nations from the day of their admission into the nation, and (ii) any legal records against them involving their unlawful migration or nationality are concluded and terminated
• The Amended Act’s Applicability – These restrictions on nationality for illegal migration would not be applicable to the tribal territories of Assam, Meghalaya, Mizoram, and Tripura. They are listed in the Sixth Schedule of the Constitution. These tribal territories cover Assam’s Karbi Anglong areas, Meghalaya’s Garo Hills surroundings, Mizoram’s Chakma District, and Tripura’s Tripura Tribal regions
• It will also not extend to the “Inner Line” territories selected by the Bengal Eastern Frontier Regulation of 1873. Indian access to these territories is administered by the Inner Line Permit
• Cancellation of Overseas Citizen of India Cardholders (OCI) registration: Under the Act, the central government has the right to terminate the registration of Overseas Citizen of India Cardholders for specified circumstances. These include: (i) if the OCI registered by deception, (ii) if the OCI was sentenced to two years or more in jail within five years after registration, or (iii) if it becomes essential in the benefit of India’s territorial sovereignty & regional security

Conclusion 

We discussed the Citizenship amendment act, Citizenship (Amendment) Bill 2019 & Key Provisions of the Citizenship (Amendment) Bill 2019, and other related topics through the study material notes on the Full Form Of CAA. We also discussed the prohibition from acquiring Indian citizenship for illegal migrants for better clarity. 

The obligation is on the Supreme Court, as the Lord protector of the constitution. It has to evaluate the terms of the Act and determine if the classification done in the Act is fair & appropriate when contrasted to Article 14. India has a cultural and moral obligation to safeguard persons who are punished in its neighbouring countries. However, the approaches must be consistent with the provisions of the rules of the Constitution.