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Citizenship Amendment Act (CAA) vs National Register of Citizens (NRC )

Summary

Citizenship- the position or status of being a citizen of a country. Persecution- Hostility, and ill-treatment especially because of race or political or religious beliefs. Immigrant- A person who Cames To live Permanently in Foreign Country. “Citizenship laws in India” Constitution […]

Citizenship- the position or status of being a citizen of a country.

Persecution- Hostility, and ill-treatment especially because of race or political or religious beliefs.

Immigrant- A person who Cames To live Permanently in Foreign Country.
“Citizenship laws in India”

Constitution of India –
Articles 5-9 Deals with Citizenship at the time of independence.

Article 11: Parliament to regulate the right of citizenship by law.

Citizenship of India ACT 1955

Deals with provisions of acquiring and loss of citizenship.
Citizenship Amendment Act of 2019
Amends the 1955 ACT. Certain provisions

Received Presidential assent on 12 Dec 2019
Illegal Migrant:

Means a foreigner who has entered into India:-
Without a Valid Passport or Other travel Documents and such other document or authority as may be prescribed by or under any law in that behalf; or

with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains there in beyond the permitted period of time.
Changes in the definition of illegal migrant provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian Community From Afganistan, Bangladesh or Pakistan, Who entered into India on or before the 31st  day of December 2014 and who has been exempted by the control government by or under clause (c) of Sub-Section (2) of Section of the Passport (Entry into India) ACT, 1920 or from the application of the provision of The Foreigners ACT. 1946 or any Rule or Order mode thereunder, Shall not be treated as illegal migrant for the purposes of lines Act;
Changes in Process of acquiring citizenship
Provided that for the Person belonging to Hindu ,Sikh, Buddhist, Jain, Parsi or Christion Community in Afganistan 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”.
Why only 3 Countries?

Government:- TheirConstitutions Provided For a Specific State religion.
Why only 6 Communities?

Government:- These 6 Communities  are minorities in these countries and are Facing religious Persecution

National Register of Citizens-

Nrc is a register of all Indian citizens it was prepared based on the 1951 census and was not updated since.

It is the first time that it is being updated, only for Assam and not based or census.

It is being damn because the Supreme Court asked the Government to comply with the ASSAM Accord.

The criterion for being INDIAN citizens:- Those who names were in NRC (1951 Consus) or in any of the elected rolls up till MAR. 1971, those and their descendants.

For those who Came after Mar1971, The Demand is to repatriate them to their country of origin(as per ASSAM Accord.)

The Legal Provision Of NRC has been a part of the citizenship ACT, 1955since December 2004.

NRC- Time Line
First-Ever NRC Of India Published in 1951.

Historic Assam Accord was Signed in 1985.
Centre Decided to Update the NRC as per The Assam Accord to 1999.

Supreme Court Directed Exercise to Update NRC Should Start In 2013.

Government Published the First Draft At The NRC in 2017.

Government, Released Final Version of NRC, with Over 9 Lacs People in ASSAM Left-out from the list 31st AUG. 2019.

CAA vs NRC

CAA lays down the criteria for illegal migrants.

NRC operationalizes the process to identify the illegal migrants

CAA will Grant Citizenship To the religious minorities who entered India on or before 31 December 2014.

Nrc will Include those who can prove that either they or their ancestors lived in India on or before 24 March 1971.

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