CAA -What amendments made to the original act?

 Chapter 5:

What amendments made to the original act?



The Citizenship (Amendment) Act of 2019 amended the Citizenship Act, 1955, by inserting the following provisos in section 2, sub-section (1), after clause (b):

Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as illegal migrant for the purposes of this Act;

A new section 6B was inserted (in the section concerning naturalisation), with four clauses, the first of which stated:

(1) The Central Government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of section 2.

The "exempted" classes of persons were previously defined in the Foreigners (Amendment) Order, 2015 (issued under the Foreigners Act, 1946):

3A. Exemption of certain class of foreigners. – (1) 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 31 December 2014

(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 [...]; 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 [...].

The Rules had been further amended in 2016 by adding Afghanistan to the list of countries.

Exemptions were granted to northeastern regions of India in the clause (4) of section 6B:

(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.'.

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