Citizenship (Amendment) Rules, 2024, notified

The Citizenship (Amendment) Rules, 2024 will enable the persons eligible under CAA-2019 to apply for grant of Indian citizenship. These rules will now enable minorities persecuted on religious grounds in Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation.

Key Highlights:

1. Insertion of Rule 10A providing application for grant of citizenship by registration or naturalisation by persons eligible under Section 6B of the Act.
2. Insertion of Rules 11A providing Authority to which application may be made by person applying under Section 6B of the Act.
3. Scrutiny of applications by Empowered Committee.

Section 10A allows a person to apply for grant of citizenship by the process of registration or naturalisation, if they are a person of Indian origin; married to a citizen of India; a minor child of a person who is a citizen of India; whose parents are Indian citizens; who himself or either of his parents was a citizen of Independent India; registered as an Overseas Citizen of India Cardholder.

Schedule IA provides the following list of documents to prove that the applicant is a national of Afghanistan or Bangladesh or Pakistan:

1. Copy of the passport issued by the Government of Afghanistan or Bangladesh or Pakistan.
2. Registration Certificate or Residential Permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India.
3. Birth certificate issued by a Government authority in Afghanistan or Bangladesh or Pakistan.
4. School certificate or Educational certificate issued by the School or College or Board or University authorities in Afghanistan, Bangladesh or Pakistan.
5. Identity Document of any kind issued by Government of Afghanistan or Bangladesh or Pakistan or any other Government authorities or Government agencies in these countries.
6. Any License or Certificate issued by a Government authority of Afghanistan, Bangladesh or Pakistan.
7. Land or tenancy records in Afghanistan or Bangladesh or Pakistan.
8. Any document that shows that either of the parents or grandparents or great grandparents of the applicant is or had been a citizen of one of the three countries i.e. Afghanistan or Bangladesh or Pakistan.
9. Any other document issued by a Government authority or a Government agency in Afghanistan or Bangladesh or Pakistan which will establish that the applicant is from Afghanistan or Bangladesh or Pakistan.

It has been stated that the above documents will be admissible even beyond their validity period.

Schedule IB provides the following list of documents to prove that the applicant entered into India on or before 31-12-2014:

1. Copy of the visa and immigration stamp on arrival in India.
2. Registration Certificate or Residential Permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India.
3. Slip issued by the Census Enumerators in India to such persons while conducting census related survey.
4. Government issued license or certificate or permit in India (including Driving License, Aadhaar Card etc.).
5. Ration Card of the applicant issued in India.
6. Any letter issued by the Government or Court to the applicant with official stamp.
7. Birth certificate of the applicant issued in India.
8. Land or tenancy records or registered rental agreement in India in the name of the applicant.
9. PAN Card issuance document bearing the date of issuance.
10. Any other document issued by the Central Government or State Government or any Public Sector Undertakings of Central Government or State Government or any financial institutions like Banks or any other Public Authority.
11. Certificate issued by an elected member of any rural or urban body or officer thereof or a revenue officer.
12. Record and account details relating to and issued by the Banks (including Private Banks) or Post Office accounts in the name of the applicant.
13. Insurance policies issued by the Insurance companies in India in the name of the applicant.
14. Electricity connection papers or Electricity Bills or other Utility Bills in the name of the applicant.
15. Court or Tribunal Records or Processes in India in respect of the applicant.
16. Document showing service or employment under any employer in India supported by Employees Provident Fund (EPF)/ General Provident Fund/ Pension/ Employees‘ State Insurance Corporation (ESIC) documents.
17. School leaving certificate of the applicant issued in India.
18. Academic certificate issued by a school or college or a board or a University or a government institution.
19. Municipality trade license issued to the applicant.
20. Marriage Certificate

It has been provided that the above documents should have been issued by an Indian Authority and will be admissible even beyond their validity period.

Section 11 provides for such application for registration or naturalisation to be submitted:

•  in electronic form
• to the Empowered Committee through the District Level Committee as may be notified by the Central Government.

The District Level Committee shall verify the documents submitted by the applicant along with the application and an oath of allegiance shall be administered to the applicant by the Designated Officer.

Section 13A prescribed that the Empowered Committee may scrutinise the said application for grant of citizenship by process of registration or naturalisation to ensure that the application is complete in all respects and that the applicant satisfies all the conditions laid down in Section 6B. After such satisfaction, that he is a fit and proper person to be registered or naturalised, the Empowered Committee may grant him the citizenship of India.

Click to access E_gazette_11032024.pdf

Background:

The Citizenship (Amendment) Act, 2019 (‘CAA’) received the President’s assent on 12-12-2019 and came into force on 10-01-2020 vide notification No. S.O. 172(E). The CAA provides for acquisition, determination, and termination of Indian citizenship. The CAA aims to facilitate the grant of citizenship to migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Pakistan, Bangladesh and Afghanistan who entered into India on or before the 31-12-2014 and who have been exempted by the Central Government by or under Section 3(2)(c) 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. The CAA was brought into force on 10-01-2020, however, the rules for its implementation were not brought out.

Click to access E_gazette_11032024.pdf