MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE BRIEF. No. 13/LN/Ref/November/2016

Transcription

1 MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE BRIEF No. 13/LN/Ref/November/2016 For the use of Members of Parliament NOT FOR PUBLICATION 1 THE CITIZENSHIP (AMENDMENT) BILL, 2016 Prepared by Shri G. Ranga Rao, Additional Director ( ) and Shri Vinod Kumar, R.O. of Lok Sabha Secretariat under the supervision of Smt. Kalpana Sharma, Joint Secretary. v The reference material is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the text. This Service does not accept any responsibility for the accuracy or veracity of the information or views contained in the note/collection.

2 eracitythe CITIZENSHIP (AMENDMENT) BILL, 2016 The Citizenship (Amendment) Bill, provides that certain groups of illegal migrants 2 as per provisions of the Citizenship Act, 1955 can now become eligible for applying for Indian Citizenship. It also reduces the required period of their residence in India for naturalisation under the Principal Act. On 7 th September 2015 and 18 th July 2016, the Government of India had issued two notifications (see Annexure-I and II) for amending the Passport (entry into India) Rules, 1950 and the Foreigners Order The present Bill seeks to amend the Citizenship Act, The Salient features of the Amendment Bill, 2016, inter-alia, are as follows: i. The Bill seeks to amend the Citizenship Act, 1955 to make illegal migrants who have entered into India on or before 31 st December, 2014 such as Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for applying for citizenship. ii. Under the Principal Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided or served a Government in India for 'not less than eleven years'. This Bill reduces this to 'not less than six years'. 1 The Citizenship (Amendment) Bill, 2016 was introduced in the Lok Sabha on 19 July A resolution to refer this Bill to Joint Committee of the two Houses of the Parliament was passed in the Lok Sabha on 11 August 2016 and in the Rajya Sabha on 12 August The Citizenship Act, 1955 defines illegal migrant as 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 therein beyond the permitted period of time. 3 The Citizenship Act, 1955 (Act No. 57 of 1955) regulates who may acquire Indian Citizenship and on what grounds. It also regulates registration of overseas citizens of India (OCI) cardholders and their rights.

3 -2- iii. The Bill also provides that the registration of Overseas Citizens of India (OCI) cardholders may be cancelled in case of violation of the provisions of this Act or if they violate any law for the time being in force. Highlights of the Bill -- The Amendment Bill seeks to amend the Citizenship Act, (A comparative table of the provisions of the Principal Act and the Amendment is given at Annexure-III)

4 Annexure-I THE GAZETTE OF INDIA:EXTRAORDINARY [PART II-SEC.3(i)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 7th September, 2015 G.S.R. 685(E).-ln exercise of the powers conferred by section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920), the Central Government hereby makes the following rules further to amend the Passport (Entry into India) Rules, 1950, namely:- 1. (1) These rules may be called the Passport (Entry into India) Amendment Rules, (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Passport (Entry into India) Rules, 1950, in rule 4, in sub-rule (I), after clause (h), the following clause shall be inserted, namely:- "(ha) persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31 st December, i. without valid documents including passport or other travel documents; or ii. with valid documents including passport or other travel document and the validity of any of such documents has expired: Provided that provision of this clause shall take effect from the date of publication of this notification in the Official Gazette." ORDER [F. No /50/20 15-F.I ] New Delhi, the 7th September, 2015 G.S.R.686(E).- In exercise of the powers conferred by section 3 of the Foreigners Act, 1946 (31 of 1946), the Central Government hereby makes the following order further to amend the Foreigners Order, 1948, namely:- 1. (1) This Order may be called the Foreigners (Amendment) Order, (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Foreigners Order, 1948, after paragraph 3, the following paragraph shall be inserted, namely:- "3A. Exemption of certain class of foreigners.- (I) Persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31 st December, (a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950, made under section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920); or (b) with valid documents including passport or other travel document and the validity of any of such documents has expired, are hereby granted exemption from the application of provisions of the Foreigners Act, 1946 and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be, from the date of publication of this order in the Official Gazette." [F. No /50/2015-F.I]

5 Annexure-II MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 18 th July, 2016 G.S.R. 702(E). In exercise of the powers conferred by section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920), the Central Government hereby makes the following rules further to amend the Passport (Entry into India) Rules, 1950, namely: 1. (1) These rules may be called the Passport (Entry into India) Amendment Rules, (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Passport (Entry into India) Rules, 1950, in clause (ha) of sub-rule (1) of rule 4, for the word Bangladesh, the words Afghanistan, Bangladesh shall be substituted. [F. No /50/2015-F.I ] ORDER New Delhi, the 18th July, 2016 G.S.R. 703(E). In exercise of the powers conferred by section 3 of the Foreigners Act, 1946 (31 of 1946), the Central Government hereby makes the following order further to amend the Foreigners Order, 1948, namely: 1. (1) This Order may be called the Foreigners (Amendment) Order, (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Foreigners Order, 1948, in paragraph 3A, for the word Bangladesh, the words Afghanistan, Bangladesh shall be substituted. [F. No /50/2015-F. I] Note: The principal Order was published in the Gazette of India vide No. 9/9/46-Political (EW), dated the 14th February, 1948 and last amended vide number G.S.R. 325(E), dated the 18 th March, 2016.

6 Annexure-III Provisions of the Principal Act (57 of 1955) Section 2 (sub section 1) Clause 'b' deals with defining illegal migrants who are prohibited from acquiring Indian Citizenship. The Amendments proposed As per the proposed amendments, a new provision is to be inserted after clause 'b' providing that: Persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who have been exempted by the Government of India from the application of the provisions of the Passport (Entry into India) Act, 1920 or the Foreigners Act, 1946 or any other order made there under shall not be treated as illegal migrants for the purpose of this Act. Section 7D of the Principal Act deals with the cancellation of registration granted to the Overseas Citizens of India. Third schedule of the Principal Act deals with qualifications for naturalisation of a person as Citizen of India. The amendment seeks to empower the Government of India to cancel the registration as overseas citizen of India in case of violation of the provisions of this Act or any other law for the time being in force. The amendment seeks to amend clause 'd' of the Third schedule to reduce period of residence or service of a Government in India from 'not less than 11 years' to not less than 'six years' for persons of above said six communities from said three countries.