Citizenship: India - Revision history

Jyoti: /* =SC, 2024 */

2024-12-20T19:02:30Z

‎=SC, 2024

Jyoti: /* Citizenship Act, 1955: Section 6A */

2024-12-20T19:01:29Z

‎Citizenship Act, 1955: Section 6A

Jyoti: /* Citizenship (Amendment) Bill, 2019 */

2024-12-20T19:00:09Z

‎Citizenship (Amendment) Bill, 2019

Jyoti: /* Voter ID is not conclusive proof: Gauhati HC */

2024-07-22T19:17:13Z

‎Voter ID is not conclusive proof: Gauhati HC

Jyoti: /* Court verdicts */

2024-05-19T12:56:09Z

‎Court verdicts

Jyoti: /* 2024: The changes that the CA Act has brought about */

2024-03-24T19:38:26Z

‎2024: The changes that the CA Act has brought about

Jyoti: /* Why the NE is wary of the CAA */

2024-03-24T19:19:22Z

‎Why the NE is wary of the CAA

Jyoti: /* 1950: “minorities” in the 1950 Nehru- Liaquat pact */

2022-08-31T07:51:47Z

‎1950: “minorities” in the 1950 Nehru- Liaquat pact

Jyoti: /* 2014-19: govt gave citizenship to 600 Pakistani Muslims from, 6 lakh SL Tamils */

2022-08-31T07:51:22Z

‎2014-19: govt gave citizenship to 600 Pakistani Muslims from, 6 lakh SL Tamils

Jyoti: /* Citizenship, grant of */

2022-08-31T06:40:06Z

‎Citizenship, grant of

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 Other respondents, including the NGO Citizens for Justice and Peace, argued that if Section 6A is struck down a large swathe of current residents will be rendered “stateless” and be considered foreigners after enjoying citizenship rights for over 50 years. They also argued that the demographic pattern of the state changed in response to geo-political events even before Section 6A was introduced and that Assam has long since been a multi-lingual and diverse state.
-===SC, 2024==
+===SC, 2024===
 [https://epaper.indiatimes.com/article-share?article=18_10_2024_020_001_cap_TOI  Dhananjay Mahapatra, Oct 18, 2024: ''The Times of India'']
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 Rejecting this argument, the CJI said, “First, as a matter of constitutional principle, the mere presence of different ethnic groups in a state is not sufficient to infringe the right guaranteed by Article 29(1)… Second, various constitutional and legislative provisions protect Assamese cultural heritage.”
 [[Category:India|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA

← Older revision		Revision as of 19:01, 20 December 2024
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	Other respondents, including the NGO Citizens for Justice and Peace, argued that if Section 6A is struck down a large swathe of current residents will be rendered “stateless” and be considered foreigners after enjoying citizenship rights for over 50 years. They also argued that the demographic pattern of the state changed in response to geo-political events even before Section 6A was introduced and that Assam has long since been a multi-lingual and diverse state.		Other respondents, including the NGO Citizens for Justice and Peace, argued that if Section 6A is struck down a large swathe of current residents will be rendered “stateless” and be considered foreigners after enjoying citizenship rights for over 50 years. They also argued that the demographic pattern of the state changed in response to geo-political events even before Section 6A was introduced and that Assam has long since been a multi-lingual and diverse state.
		+
		+	===SC, 2024==
		+	[https://epaper.indiatimes.com/article-share?article=18_10_2024_020_001_cap_TOI Dhananjay Mahapatra, Oct 18, 2024: ''The Times of India'']
		+
		+	[[File: Section 6A, in brief.jpg\|Section 6A, in brief <br/> From: [https://epaper.indiatimes.com/article-share?article=18_10_2024_020_001_cap_TOI Dhananjay Mahapatra, Oct 18, 2024: ''The Times of India'']\|frame\|500px]]
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		+	New Delhi: In validating Section 6A of the Citizenship Act that conferred citizenship to Bangladeshi migrants entering India before March 25, 1971, Chief Justice D Y Chandrachud in his opinion said this cut-off date was reasonable as on that day Pakistan army had launched ‘Operation Searchlight’ to curb the Bengali nationalist movement in then East Pakistan.
		+
		+	Agreeing with the majority opinion of Justices Surya Kant, M M Sundresh and Manoj Misra on the validity of Section 6A incorporated in the Citizenship Act to honour the Centre’s commitment under the 1985 Assam Accord signed with students’ unions, CJI Chandrachud said application of the provision only to Assam had a reasonable nexus with the magnitude of the problem faced by the state due to unabated influx of illegal migrants from Bangladesh.
		+
		+	Quoting M Rafiq Islam’s book ‘A Tale of Millions: Bangladesh Liberation War, 1971’, the CJI said, “On March 25, 1971, the Pakistan army launched Operation Searchlight to curb the Bengali nationalist movement in East Pakistan. The migrants before the operation were considered to be migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were considered to be migrants of war and not partition. Thus, the cut-off date of March 25, 1971, is reasonable.”
		+
		+	Referring to migrations from Bangladesh to India immediately after partition, the CJI said, “Since the migration from East Pakistan to Assam was in great numbers after the partition of undivided India and since the migration from East Pakistan after Operation Searchlight would increase, the yardstick has nexus with the objects of reducing migration and conferring citizenship to migrants of Indian origin (that is person born in undivided India).”
		+	Justice Chandrachud referred to the Sarbananda Sonowal judgment expressing concern over Assam facing “external aggression and internal disturbance” due to largescale illegal migration from Bangladesh and rejected the challenge to Section 6A’s validity based on the provision’s application only to Assam even though West Bengal, Meghalaya, Tripura and Mizoram shared longer borders with Bangladesh and faced illegal migrant influx.
		+
		+	“Though other states such as West Bengal (2,216.7 km), Meghalaya (443 km), Tripura (856 km) and Mizoram (318 km) share a larger border with Bangladesh as compared to Assam (263 km), the magnitude of influx to Assam and its impact on the cultural and political rights of Assamese and tribal populations is higher,” he said.
		+
		+	“The data submitted by the petitioners indicates that the total number of immigrants in Assam is approximately 40 lakh, 57 lakh in West Bengal, 30,000 in Meghalaya and 3,25,000 in Tripura. The impact of 40 lakh migrants in Assam may conceivably be greater than the impact of 57 lakh migrants in West Bengal because of Assam’s lesser population and land area compared to West Bengal,” the CJI said.
		+
		+	The petitioners, challenging the validity of Sec 6A, had argued that largescale entry of illegal migrants from Bangladesh and conferring them citizenship had jeopardised Assamese people’s fundamental right to protect and conserve their culture.
		+
		+	Rejecting this argument, the CJI said, “First, as a matter of constitutional principle, the mere presence of different ethnic groups in a state is not sufficient to infringe the right guaranteed by Article 29(1)… Second, various constitutional and legislative provisions protect Assamese cultural heritage.”
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		+	[[Category:India\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA
		+	CITIZENSHIP: INDIA]]
		+	[[Category:Law,Constitution,Judiciary\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA
		+	CITIZENSHIP: INDIA]]
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	=Citizenship (Amendment) Bill, 2019=		=Citizenship (Amendment) Bill, 2019=

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 REUTERS
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← Older revision		Revision as of 19:17, 22 July 2024
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	“Regarding electoral photo identity card, the court in the case of Md Babul Islam versus state of Assam (2016) had held that a photo identity card is not a proof of citizenship,” the bench said.		“Regarding electoral photo identity card, the court in the case of Md Babul Islam versus state of Assam (2016) had held that a photo identity card is not a proof of citizenship,” the bench said.
		+
		+	==Can’t pick anybody randomly, ask for citizenship proof: SC==
		+	[https://epaper.indiatimes.com/article-share?article=12_07_2024_026_009_cap_TOI AmitAnand Choudhary, July 12, 2024: ''The Times of India'']
		+
		+
		+	New Delhi : Noting that while Section 9 of the Foreigners Act outs the burden on an individual to prove he/she is not a foreigner, Supreme Court, in an important ruling, has held that this does not mean govt can pick a person at random, knock on their door, and demand they prove their citizenship. There must be some material against the person before proceedings under the law can be initiated, it stressed.
		+
		+	A bench of Justices Vikram Nath and Ahsanuddin Amanullah held that “in the absence of the basic/primary material, it cannot be left to the untrammelled or arbitrary discretion of the authorities to initiate proceedings”, which have life-altering and very serious consequences for the person. It said, Section 9 could not be invoked on the basis of hearsay or bald and vague allegation(s).
		+
		+	“...the question is that does Section 9 of the Act empower the executive to pick a person at random, knock at his/her/ their door, tell him/her/they/ them ‘We suspect you of being a foreigner’?... Obviously, the State cannot proceed in such a manner. Neither can we as a court countenance such an approach,” the bench observed, while setting aside the order of the Foreigners Tribunal and Gauhati high court declaring a person from Assam an illegal Bangladeshi migrant.
		+
		+	The bench accepted the submission of advocate Kaushik Choudhury who, appearing for the petitioner, sub- mitted that Section 9 could not be used arbitrarily and settled principles of natural justice could not be given a go-by.
		+
		+	“It needs no reiteration that a person charged or accused would generally not be able to prove to the negative, if he/she is not aware of the evidence/material against him/her which leads to the person being labelled suspect. Ipso facto just an allegation/accusation cannot lead to shifting of the burden to the accused, unless he/she is confronted with the allegation as also the material backing such allegation,” the court said.
		+
		+	The court said that there was no material in possession of authority which could raise suspicion on his nationality. After fighting a legal battle for two decades, SC came to his rescue and declared him Indian as all his relatives were also declared Indian citizens. The court also said that minor spelling mistakes in names on official documents could not be the sole reason to deny authenticity as happened in the case.
		+
		+	“However, mere allegation, that too, being as vague as to mechanically reproduce simply the words which mirror the text of provisions in the Act cannot be permitted under law. Even for the person to discharge the burden statutorily imposed on him by virtue of Section 9 of the Act, the person has to be intimated of the information and material available against him, such that he/she can contest and defend the proceedings against him,”the court said.

	[[Category:India\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA		[[Category:India\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA

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 =Court verdicts=
 ==Person born at mother’s house in Pakistan ==
 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2018%2F06%2F03&entity=Ar00322&sk=E8F8E27B&mode=text  Swati Deshpande, 50 yrs on, ‘Pak man’ set for Indian citizenship, June 3, 2018: ''The Times of India'']
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 The father had filed the petition to seek Indian citizenship for his son after a deportation scare. Asif had applied for citizenship in March 2015. Their case was that under Section 5 of the Citizenship Act, Asif was eligible to be granted Indian citizenship. Article 5 of the Indian Constitution allows a person “either of whose parents was born in the territory of India” to become a citizen. Asif ’s name was stamped on his mother’s Pakistani passport after his birth. But in 1972, the Indian government granted citizenship to his mother after she surrendered her passport.
 =Detention centres=

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 Humanitarian grounds: CAA was framed as a response to the plight of religious minorities facing persecution in the three neighbouring countries. These minorities deserve special consideration and assistance for the hardships they have faced in their countries of origin.
  Protection of religious minorities: CAA aims to provide a legal pathway to citizenship for religious minorities who may have entered India illegally or overstayed their visas, fearing persecution in their home countries. Granting them citizenship would offer them long-term security and protection from persecution.
 [[Category:India|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA

← Older revision		Revision as of 07:51, 31 August 2022
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		+	==2014-19: govt gave citizenship to 600 Pakistani Muslims from, 6 lakh SL Tamils==
		+	[https://www.indiatoday.in/india/story/amit-shah-modi-government-muslims-citizenship-pakistan-afghanistan-bangladesh-1629134-2019-12-17 India Today Web Desk, Dec 17, 2019: ''India Today'']

		+	600 Muslims from Pakistan, Afghanistan and Bangladesh have been given citizenship by the Modi government in the last five years, Union Home Minister Amit Shah said while speaking at the Agenda Aaj Tak
		+
		+	New Delhi
		+
		+	''' Modi govt gave citizenship to 600 Muslims from Pakistan, Afghanistan, Bangladesh: Amit Shah '''
		+
		+	Union Home Minister Amit Shah claimed that around 600 Muslims from three neighbouring countries have been given Indian citizenships since 2014 when the Narendra Modi government first came to power. Shah also claimed that the Modi government has given citizenship to more than 6 lakh Sri Lankan Tamils.
		+
		+	"600 Muslims from Pakistan, Afghanistan and Bangladesh have been given citizenship by the Modi government in the last five years," Shah also said. "We've given citizenship to over 6 lakh Sri Lankan Tamils."

	[[Category:India\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA		[[Category:India\|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA

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-New Delhi
+[[Category:India|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA
+CITIZENSHIP: INDIA]]
-''' Modi govt gave citizenship to 600 Muslims from Pakistan, Afghanistan, Bangladesh: Amit Shah '''
+[[Category:Law,Constitution,Judiciary|C CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA
+CITIZENSHIP: INDIA]]
-Union Home Minister Amit Shah claimed that around 600 Muslims from three neighbouring countries have been given Indian citizenships since 2014 when the Narendra Modi government first came to power. Shah also claimed that the Modi government has given citizenship to more than 6 lakh Sri Lankan Tamils.
+[[Category:Pages with broken file links|CITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIACITIZENSHIP: INDIA
+CITIZENSHIP: INDIA]]
-"600 Muslims from Pakistan, Afghanistan and Bangladesh have been given citizenship by the Modi government in the last five years," Shah also said. "We've given citizenship to over 6 lakh Sri Lankan Tamils."
 ==2014-19==

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 "600 Muslims from Pakistan, Afghanistan and Bangladesh have been given citizenship by the Modi government in the last five years," Shah also said. "We've given citizenship to over 6 lakh Sri Lankan Tamils."
-==2014 19: 15k from B’desh among 19k granted citizenship==
+==2014-19==
 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F03%2F05&entity=Ar02019&sk=E382CB54&mode=text  March 5, 2020: ''The Times of India'']