After long strenuous hours of debates and discussions in both the houses of parliament, the President of India has given its assent for the Citizenship (Amendment) Bill, 2019.
Citizenship (Amendment) Act, 2019 will further amend the Citizenship Act, 1955.
Following are the amendments that have taken place in the said Act:
In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, in sub-section (1), in clause (b), the following proviso shall be inserted, namely:—
“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.”
- Insertion of new Section 6B
Special provisions as to the citizenship of person covered by the proviso to clause (b) of sub-section (1) of Section 2.
In section 7D of the principal Act,—
(i) after clause (d), the following clause shall be inserted, namely:—
“(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or”.
(ii) after clause (f), the following proviso shall be inserted, namely:—
“Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.”
In section 18 of the principal Act, in sub-section (2), after clause (ee), the following clause shall be inserted, namely:—
“(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;”
- Amendment of Third Schedule
In the Third Schedule to the principal Act, in clause (d), the following proviso shall be inserted, namely:—
‘Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as “not less than five years” in place of “not less than eleven years”.
**READ THE ACT HERE: Citizenship (Amendment) Act, 2019
Ministry of Law and Justice
[Notification dt. 12-12-2019]