Citizenship (Amendment) Act, 2019
Indian Polity › Citizenship · Topic 5.9
The Citizenship (Amendment) Act, 2019, in force from 10 January 2020, made certain migrants from Afghanistan, Bangladesh and Pakistan who entered India by 31 December 2014 eligible for citizenship.
4 min read · UPSC Prelims · Polity · Citizenship
At a Glance
- What it is An amendment to the Citizenship Act, 1955 that made certain migrants from Afghanistan, Bangladesh and Pakistan eligible for Indian citizenship
- Communities covered Hindu, Sikh, Buddhist, Jain, Parsi and Christian
- Cut-off date Entered India on or before 31 December 2014
- In force from 10 January 2020
- Naturalisation period Reduced from eleven years to five years for these migrants
- Exam link UPSC Prelims, Polity: Citizenship
Where Does It Fit?
The last topic described the Citizenship Act, 1955 and its modes of acquiring citizenship. The 2019 amendment added a special provision for a group of migrants. This topic sets out what the Act provides, as it stands in the Act.
What Was the Position Before the Act?
Before the Citizenship (Amendment) Act, 2019, migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered India without a valid passport or other travel documents, or whose documents had expired, were regarded as illegal migrants and were ineligible to apply for Indian citizenship by registration or naturalisation under the Citizenship Act, 1955.
In 2015 the Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946. In 2016 it also made them eligible for a long-term visa to stay in India.
What Does the 2019 Act Provide?
The Act added special provisions for migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered India on or before 31 December 2014 and who have been exempted from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.
| Provision | Effect |
|---|---|
| Certificate of registration or naturalisation | The Central Government may grant it on fulfilment of the specified conditions; the person is deemed a citizen of India from the date of entry into India |
| Pending proceedings | Any proceeding pending against such a person in respect of illegal migration or citizenship stands abated on conferment of citizenship |
| Aggregate period of residence for naturalisation | Reduced from not less than eleven years to not less than five years |
| Areas where the special provisions do not apply | The tribal areas of Assam, Meghalaya, Mizoram and Tripura included in the Sixth Schedule, and the area covered under the Inner Line notified under the Bengal Eastern Frontier Regulation, 1873 |
The Act came into force on 10 January 2020.
What Else Did the Act Change?
The Act also added a ground for cancelling the registration of an Overseas Citizen of India Cardholder, namely violation of the provisions of the Citizenship Act, 1955 or of any other law specified by the Central Government. It also provided that the cardholder must be given a reasonable opportunity of being heard before cancellation.
Why Is This Topic Important?
- The latest amendment It is the most recent change to the modes of acquiring citizenship in the Act
- Direct Prelims material The communities, the three countries, the cut-off date and the five-year period can be asked directly
What Came Next?
This closes the category on citizenship. The next category of the Indian Polity series takes up the Union and its territory.
Key People and Terms
- Illegal migrant A migrant without valid travel documents; ineligible for registration or naturalisation before the 2019 Act
- 31 December 2014 Cut-off date for entry into India under the Act
- Sixth Schedule Tribal areas excluded from the special provisions
- Inner Line Area under the Bengal Eastern Frontier Regulation, 1873, excluded
Exam Corner
Points to Remember
- In force from 10 January 2020.
- Countries: Afghanistan, Bangladesh, Pakistan.
- Communities: Hindu, Sikh, Buddhist, Jain, Parsi, Christian.
- Entered India on or before 31 December 2014.
- Naturalisation residence: five years instead of eleven.
- Not applicable to Sixth Schedule tribal areas and the Inner Line area.
Do Not Confuse With
- 2015 exemption and 2019 Act The 2015 exemption removed penal consequences; the 2019 Act made them eligible for citizenship
- Registration and naturalisation The Act allows either on fulfilment of specified conditions
- 2019 Act and Assam Accord provisions The Assam Accord provisions were added by the 1985 Act
Memory Hook
2019 Act, in force 2020: six communities, three countries, entry by 2014, five years instead of eleven.
Mains Angle
Questions ask what the Act changed in the law of citizenship. Use these points to add depth.
- Earlier barrier Entry without valid documents made the migrants illegal migrants
- Stepwise change Exemption in 2015, long-term visa in 2016, citizenship eligibility in 2019
- Shorter residence The aggregate residence for naturalisation was reduced to five years
- Area exclusions Sixth Schedule tribal areas and the Inner Line area are excluded
A Question You May Face
An original practice question, not a past paper question.
“Explain the provisions of the Citizenship (Amendment) Act, 2019.”
How to Answer
- Introduction The position before 2019 and the 2015 and 2016 steps.
- Provisions Communities, countries, date, certificate and deemed citizenship.
- Exclusions Sixth Schedule areas and the Inner Line.
- Conclusion Other changes, such as the OCI cancellation ground.
GS Relevance
Frequently Asked Questions
What does the Citizenship (Amendment) Act, 2019 provide?
The Act added special provisions for migrants of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014, making them eligible for Indian citizenship by registration or naturalisation.
When did the Citizenship (Amendment) Act, 2019 come into force?
The Citizenship (Amendment) Act of 2019 came into force on 10 January 2020. It amended the Citizenship Act of 1955 by adding special provisions on citizenship for certain migrants from Afghanistan, Bangladesh or Pakistan who entered India by 31 December 2014.
What was the position of these migrants before the Act?
Before the Act, such migrants who entered India without a valid passport or other travel documents, or whose documents had expired, were regarded as illegal migrants and were ineligible to apply for Indian citizenship by registration or naturalisation under the 1955 Act.
What did the Government do in 2015 and 2016?
In 2015 the Central Government exempted the migrants from the adverse penal consequences of the Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946. In 2016 it made them eligible for a long-term visa to stay in India.
How does the Act change the naturalisation period?
For persons of the six communities from the three countries, the Act reduces the aggregate period of residence or service of Government in India for naturalisation from not less than eleven years to not less than five years.
From which date is the citizenship deemed to begin?
A person granted a certificate of registration or naturalisation under the special provisions is deemed to be a citizen of India from the date of his or her entry into India. Proceedings pending on illegal migration or citizenship stand abated.
Where do the special provisions not apply?
They do not apply to the tribal areas of Assam, Meghalaya, Mizoram or Tripura included in the Sixth Schedule to the Constitution, nor to the area covered under the Inner Line notified under the Bengal Eastern Frontier Regulation of 1873.
What did the Act change about OCI Cardholders?
It added a new ground for cancelling the registration of an Overseas Citizen of India Cardholder, namely violation of the Citizenship Act or any other specified law, and it provided for a reasonable opportunity of being heard before cancellation.
PYQ Practice — Statement Analysis
1 The Citizenship (Amendment) Act, 2019 came into force on 10 January 2020.
It added special provisions for migrants from Afghanistan, Bangladesh and Pakistan.
2 The Act applies to migrants who entered India on or before 31 December 2014.
They must also be exempted from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.
3 The Act reduced the aggregate period of residence for naturalisation of these migrants to eleven years.
It reduced it from eleven years to five years.
4 The special provisions apply to the Sixth Schedule tribal areas of Assam, Meghalaya, Mizoram and Tripura.
These areas are excluded, along with the Inner Line area.
5 The Citizenship (Amendment) Act, 1985 added special provisions for the Assam Accord.
The 2019 Act is a later amendment.
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