CITIZENSHIP AMENDMENT ACT AND ITS CONSEQUENCES - PART - II

CITIZENSHIP AMENDMENT ACT AND ITS CONSEQUENCES

PART - II

 IV.          WHAT ARE THE RIGHTS OF A CITIZEN?

11.            Any person that becomes a citizen of India through any of the four methods mentioned in the previous section (part I of this series), is entitled to certain rights which are available only to him and not to any person who is not a citizen of India. The fundamental rights enumerated in Article 19 of the Constitution[1] are available to all citizens of India, subject to reasonable restrictions. Further, the citizens have the most valuable ‘right to vote’. Only citizens are entitled to hold posts/offices in the government or to contest in elections and such other rights. Article 19 of the Constitution begins with the words, “All citizens shall have the right - …”. Thus, there is a clear exclusion of non citizens/aliens.

12.            However, Articles 14[2] and 21[3] which are Right to Equality & Right to Life respectively, are available to all persons, irrespective of whether they are citizens or aliens (non citizens). Thus, the same law will apply to all persons as long as they are within the territory of India. However, much more rights are available only to citizens. Aliens have no right to even seek for such rights or protest against non availability thereof.

13.            So, what then, does the Constitution guarantee to an alien under Articles 14 & 21? The Constitution guarantees that no harm will be caused to their lives while they are in the Indian territory and they shall have the right to be treated with the basic respect and dignity that each human being is entitled to. Thus, these rights are gifts bestowed upon the aliens by the Constitution and they cannot expect more than this, such as right to express their opinion on the happenings in the nation or to move wherever they wish, within the country, without proper permission from the concerned authorities etc.

14.            Without knowing the rights available to these aliens, it would be absurd to comment on the recent amendment of the Citizenship Act, 1955. With this in the background, let us try to understand the 2019 amendment to the Citizenship Act, 1955.

V.                THE 2019 AMENDMENT TO THE CITIZENSHIP ACT, 1955

15.            It would be most pertinent to understand the amendment that was brought about to the Citizenship Act, 1955, before discussing about its consequences.

16.            Any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered India on or before 31.12.2014 shall not be treated as an Illegal Migrant, subject to other applicable laws.

17.            Further, for the persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, to be able to apply for citizenship through naturalisation, the total period of residence in India has been relaxed to five (5) years from eleven (11) years. Thus, for the persons mentioned above, the minimum period of residence in India should be five (5) years, before they can apply for grant of citizenship of India[4].

18.            The word “Muslims” is conspicuously absent in the recent amendment and that is what has caused the unrest in the country.

19.            Now let us try to understand what are the conditions to be complied with, if a person belonging to any of the communities in any of the three countries mentioned above, wishes to be registered as a citizen of India.

a.     Firstly, the rule is applicable only to those people coming from Afghanistan, Bangladesh and Pakistan;

b.     Secondly, the said persons should belong to any one of the communities mentioned above and not to any other community; (Hindu/Sikh/Buddhist/Jain/Parsi/Christian)

c.     If people falling into the categories (a) & (b) mentioned above have entered India before 31.12.2014, then, even though they have entered India illegally, shall not be treated as Illegal Migrants and would be eligible to be registered as citizens of India (Subject to the relevant provisions of Foreigners Act, 1946 and Passport (Entry into India) Act, 1920). 

d.  However, nothing in the Act or in the latest amendment bars Muslims from Afghanistan or Bangladesh or Pakistan from applying for citizenship of India through naturalisation, if the said person has complied with the conditions explained earlier (in part 1 of this series), i.e., he should not be an illegal migrant and he should have ordinarily resided in India for eleven years and he should be of good character etc.

e.     Further, the relaxation provided above does not apply to people of the aforesaid communities if they come from any country other than Afghanistan, Bangladesh or Pakistan. Thus, for instance, a person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community coming from Nepal or Bhutan would still have to comply with the general rules as provided under the Citizenship Act, 1955.

f.     Most importantly, this amendment has no effect on people that are already citizens of India, whether by birth or descent or registration or naturalisation. Thus, as on the date of amendment, if a person (belonging to any religion) is a citizen of India, he is not affected by the same.

20.            Further, the Central Government has the power to frame law/s relating to grant or termination of citizenship, under Article 11 of the Constitution and in exercise of the said power, the Central Government brought about this amendment, which was passed by both Houses. The bill was passed on 12.12.2019 and came into effect from 10.01.2020. Thus the entire process has been within the framework of the Constitution and the Central Government has not overstepped its authority in framing or bringing into effect, the instant amendment.

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[1] (a) freedom of speech and expression; (b) freedom to assemble peacefully and without arms; (c) freedom to form associations or unions or co-operative societies; (d) freedom to move freely throughout the territory of India; (e) freedom to reside and settle in any part of the territory of India; and “(f)” was omitted (g)freedom to practise any profession, or to carry on any occupation, trade or business.)

[2] “Equality before Law. – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

[3] “Protection of life and personal liberty. – No person shall be deprived of his life or his personal liberty except according to procedure established by law.”

[4] Explained at Para III(d)(iii) of Part I of this article series