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citizenship amendment act research paper

When there are children involved, it can make these proceedings […]. It was passed in Lok Sabha and Rajya Sabha on 10th and 11th December 2019 respectively. Once they lose their citizenship, the government can still claim that no “Indian” has lost citizenship, for it is the government which decides who is an Indian and who isn’t. Chief Ministers of Orissa and Andhra Pradesh have also declared that they will not implement NRC in their states. Pick all the topics you are interested in to fill your homepage with stories you'll love. The Citizenship (Amendment) Act, 2019 seeks. On republic day the Left Democratic Front led by CPI organized a human chain. The Citizenship Amendment Act (CAA) has evoked extreme reactions from the international community. In January 2019, Government had notified the High-Level Committee (HLC) for implementation of Clause 6 of Assam Accord and urged the Committee to submit its report at the earliest to the Central Government for effective steps to be taken to fulfil the provisions of the Accord. DMK leader Dayanidhi Maran questioned if Amit Shah’s leadership as home minister extends only to North India because of his indifferent attitude towards Tamil Nadu. Thus in the case of NPR and NRC, too, state governments can move courts but not refuse to implement the centre’s directions. Advocate Ashwini Upadhyay had submitted before the Hon’ble court that CAA created utter confusion and that common people must be appraised on the issue. Assam Detention Centre: The first such new detention centre is under construction in the district of Goalpara in lower Assam at cost of around Rs 460 million and a capacity to hold 3000 persons.[28]. It means that State has no religion and shall treat all religions and religious groups equally. NPR (national population register) is a register of residents of India in which demographic and biometric data of individuals living at the place of enumeration for six months or more is collected by the enumerator. To obtain citizenship by naturalisation, one of the qualifications is that the person must have resided in India or have been in the service of the central government for at least 11 years before applying for citizenship. An OCI is entitled to some benefits such as a multiple-entry, multipurpose lifelong visa to visit India. Keywords: Article 14, Preamble, 6 religious communities (Hindu Parsi Sikh Christian Jain and Buddhist) and 3 countries (Bangladesh Pakistan Afghanistan), Country-wide NRC, Nation-wide protests, Demographic Identities, Detention Centres, Arbitrary Fascist Regime, Hindu Rashtra. A Mobile Number was circulated so that people could give a missed call on it and show their support for CAA. The Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder vide notifications, dated 07.09.2015 and dated 18.07.2016. In Part IV, this article will explore the Citizenship Amendment Act in the context of Indian history and politics. It cannot be a ground that a community constitutes a miniscule minority and therefore doesn’t deserve protection of their Fundamental Rights. The bright line rule imposed by the act seems to undermine the ostensibly humanitarian objective of the law. Amidst widespread protests in the country regarding CAA and NRC, Chief Ministers of several states have expressed their reservation regarding implementing the two in their respective states. Ahmadis face harassment, threats, employment termination, and social ostracizing. NEW DELHI;                                                                                                                            AMIT SHAH The 4th December, 2019                                                                               [Minister of Home Affairs]. [8] Narender Kumar, The constitutional Law of India (Allahabad Law Agency 1st Edn. Part II and Part III will explore the Citizenship Amendment Act, 2019 under both International Human Rights Law and the Law of India. Table of Contents 1. Required fields are marked *. The Bill further seeks to grant immunity to the migrant of the aforesaid Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities so that any proceedings against them regarding in respect of their status of migration or citizenship does not bar them from applying for Indian citizenship. Under CAA 2019 the six communities (Hindu, Muslims, Sikhs, Parsis, Jains and Christians) from Bangladesh, Afghanistan and Pakistan, will be able to apply for citizenship and would not be considered illegal migrants for the purpose of this act. Now, it is proposed to make the said migrants eligible for Indian Citizenship. 60,000 crores. Two days’ later violence happened in Seelampur and Jaffrabad. Many persons of Indian origin including persons belonging to the said minority communities from the aforesaid countries have been applying for citizenship under section 5 of the Citizenship Act, 1955 but they are unable to produce proof of their Indian origin. that excessive delegation of authority has been done upon the executive. According to 169th report of Law Commission disciplinary and service matters […], Protection of Civilians under International Humanitarian Law, ‘War, as it becomes more and more total, annuls the differences which formerly existed between armies and civilian populations in regard to exposure to injury and danger.’[1] The Protection of […], Role and Power of Spealer in Lok Sabha and Chairman in Rajya Sabha, ROLE OF SPEAKER IN LOK SABHA The Speaker is Lok Sabha is the one presides the meetings and sessions being conducted at the proceedings Lok Sabha. While some protests remained peaceful, others turned violent resulting in mass destruction of public property and loss of lives too. In Shaheen Bagh). As per Article 365 of the Indian Constitution, the state governments cannot decline the implementation of any direction that is issued by the central government. The Citizenship Amendment Bill was passed on January 8, 2019, by the Lok Sabha which lapsed with the dissolution of the 16th Lok Sabha. The state witnessed violent protests as railways stations and public buses were attacked by the protestors. Hence all such people shall be included in the NRC. Under-inclusiveness cannot be questioned affirms the government. The concern is spread over both the larger part Hindus and the minorities as well. has the responsibility to identify and ascertain people living within the national boundaries without any proof of citizenship. [11] https://pulitzercenter.org/projects/pakistan-multifaceted-persecution-ahmadiyya-community (visited on 23.04.2020). 6. This page was processed by aws-apollo1 in 0.141 seconds, Using the URL or DOI link below will ensure access to this page indefinitely. [21] https://www.indiatoday.in/news-analysis/story/caa-npr-nrc-confusion-connection-explained-india-1631534-2019-12-26. Research data:  Secondary data (data already collected by someone else) has been used for the purpose of this paper. It ensures that no person shall be denied equality before law or equal protection of laws by the State within Indian Territory. These Hindu Tamils from Sri Lanka are complaining against their exclusion from the Bill. Khan, Taiyba, The Citizenship Amendment Act, 2019: A Religion Based Pathway to Indian Citizenship (April 21, 2020). The centre also brings light on the fact that matters regarding absolute or unqualified powers of the Parliament cannot be challenged in Supreme Court by a Public Interest Litigation. 13. 5. 10. This paper examines the provisions of the Citizenship Amendment Act (CAA) against the backdrop of the citizenship provisions of the Indian Constitution.

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