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Thursday, January 13, 2022

Citizenship Amendment Act- Recent Developments


 

The Ministry of Home Affairs (MHA) has asked to further extend the deadline of framing the rules of Citizenship Amendment Act (CAA) 2019.

MHA sought extention from parliamentary committees in the Rajya Sabha and the Lok Sabha. Third and the latest extension expired on January 9 but MHA failed to notify the rules.

MHA has to make separate requests to two committees. Earlier, Ministry had sought time till april 9 2021. It was then extended to july 9 2021 by the committees to notify the rules.

Manual on Parliamentary work contain provisions for extention. it says, in case the ministries or Departments failed to frame rules within six months, after a legislation is passed, they can seek extension of time from the Committee on Subordinate Legislation, starting reasons for the move. The time can be extended for three months at a time.

The Citizenship Act, 2019

CAA was passed by Parliament on Dec 11 2019. President gave his assent on Dec 12 2019.

Ministry of Home Affairs had notified in January 2020 that the Act will be implemented from Jan 10 2020. However the same was postponed amid the covid 19 Pandemic.

The act seeks to provide citizenship to the six undocumented non Muslim communities from Pakistan, Afghanistan and Bangladesh on the basis of religion. They would be provided citizenship, if they entered india on or before December 31,2014.

It also exempts the members of these six communities from any criminal case under the Passport act and foreigners act 1946. If they entered india before December 31 2014.

CAA was criticized because it does not grant such eligibility to Muslims from the Three Muslim majority countires. Furthermore religion had been used overtly for first time as a criterion for citizenship under Indian Law.


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