Citizenship provision, CAB, & NRC

Citizenship- A 5 -11
  • FR -15, 16, 19, 29, 30, R to vote, R to contest election
  • Single citizenship like Canada
  • Exception - parli ua 16 can prescribe residence within a state for certain employment- AP
  • A15 - discriminate on basis of POR - special benefit, ex fee concession; JK define permanent residence
  • Citizenship
    • Domicile in India 
    • Person migrated from pak 
    • Person migrated later returned
    • PIO residing outside india if registered by diplomatic rep 
  • Citizenship act, 1955 (enabling provision in const)
    • By birth 
    • By descent
    • By registration 
    • By naturalization 
    • By incorporation of territory
    • Loss - renunciation, termination,  deprivation 
  • Citizenship Amendment Bill
    • 6 persecuted minority (HCSJBP) from PAB before 31 Dec, 2014 w/o doc - x illegal migrant
    • Naturalization time reduction from 11y to 6 y - 1 y  continuous stay
    • Cancellation-  OCI registration (multi-entry lifelong visa) - for violation of any law 
    • Benefit
      • Religious discrimination during & after partition, historic injustice, 
      • benefit refugees - job, dl, pan, self-employment like Chakma, Hajongs
    • Issues
      • Religious discrimination (A14)
      • Persecuted minorities - Rohingyas, Ahmadiya, countries like Sri Lanka, Myanmar etc left out 
      • Conflict with NRC, Assam Accord, 1985, cut-off- Dec, 1971 Clause 6, 
      • Threats to local demography, Subnational sentiment & secessionist politics, ex Brahmaputra valley(Muslim) vs Barak valley (Hindu Bengali)
      • Wide ground for canceling OCI registration
    • WF
      • Higher-level com. To operationalize clause 6 AA, & define Assamese ppl, Provide reservations - jobs, seats in LSG, SLA, land ownership etc
      • ST status to 6 major communities, like tea Tribes, Chutia,- with seat reserved
      • Resettlement of immigrants in different parts of country
  • NRC - Assam
    • 19 lakh persons who have either been born in India or have lived in the country for several decades, out of NRC
    • risk being declared stateless
    • SC upheld the Coordinator’s recommendation to exclude the lakhs of persons born in Assam from 1950 to 1987, against Citizenship act


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