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Constitutional Law

Citizenship Amendment Rules, 2024

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 12-Mar-2024

Source: The Hindu

Introduction

The Ministry of Home Affairs (MHA) has taken a significant step by notifying the Citizenship Amendment Rules, 2024 which was awaited since 2019 after the enactment of the amendment in existing citizenship law.

What is the Citizenship Amendment Act, 2019?

  • Enactment:
    • The Citizenship Amendment Act (CAA), 2019 is a law specific to certain categories of foreign migrants in India.
    • It was passed in Lok Sabha on 10th December 2019 and in Rajya Sabha on 11th December 2019.
    • It received the presidential assent on 12th December 2019.
  • Applicability:
    • It grants expedited citizenship to persecuted minorities – Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who arrived in India before 31st December 2014.
    • The CAA's focus is narrow, addressing persecution based on religion.
  • Non-Applicability:
    • The CAA does not affect Indian citizens, including Muslims, as they enjoy rights protected by the Constitution. It does not apply to Muslims or migrants from other countries.
    • It does not cover other forms of persecution.
    • Contrary to some claims, the CAA does not exclude Indian Muslims from citizenship; it solely facilitates foreign migrants' integration.
  • Non-Effect:
    • The Act does not alter existing procedures for obtaining citizenship through naturalization or registration, available to all foreigners.

How was the Journey of Implementation?

  • Since its passage in 2019, the CAA remained dormant due to its absence of formulated rules.
  • Union Home Minister Amit Shah has hailed this development as a realization of a commitment to persecuted minorities in the neighboring nations.

What are the Major Changes under Citizenship Amendment Rules, 2024?

  • Insertion of Rule 10A:
    • Rule 10A is inserted after Rule 10 of the Citizenship Rules, 2009.
    • It outlines the eligibility criteria and application procedures for individuals eligible under Section 6B of the Citizenship Act, 1955.
    • This rule specifies different application forms and requirements based on various categories of eligibility.
  • Insertion of Rule 11A:
    • Rule 11A specifies the authority to which applications may be made by individuals applying under Section 6B.
    • It establishes the process for electronic submission of applications to the Empowered Committee through the District Level Committee, along with verification procedures and the administration of the oath of allegiance.
  • Insertion of Rule 13A:
    • Rule 13A pertains to the scrutiny of applications by the Empowered Committee.
    • It delineates the responsibilities of the Empowered Committee in scrutinizing applications for citizenship by registration or naturalization under Section 6B to ensure completeness and compliance with eligibility criteria.
  • Amendments to Rule 14:
    • Rule 14 is amended to include provisions for issuing digital certificates of registration in Form XA or XIA and hard copies of the certificate of registration.
    • The certificates are to be digitally signed or signed by the Chairman of the Empowered Committee.
  • Insertion of Rule 15:
    • Rule 15 is amended to include provisions for issuing digital certificates of naturalization in Form XIIA and hard copies of the certificate of naturalization.
    • Similar to Rule 14, the certificates are to be digitally signed or signed by the Chairman of the Empowered Committee.
  • Amendments to Rule 17:
    • Rule 17 is amended to include references to Section 6B alongside Section 5, reflecting the expanded eligibility criteria for citizenship.
  • Insertion of Rule 38(3):
    • Rule 38(3) states that the oath of allegiance required under Section 5(2) or Section 6(2) will be of no effect unless signed in the presence of or administered by the Designated Officer specified in Rule 11A.
    • This ensures the legality and validity of the oath-taking process.

What is the Application Procedure under New Citizenship Amendment Rules, 2024?

    • Eligibility Determination:
      • Before applying for citizenship, individuals must ensure they meet the eligibility criteria as defined under Section 6B of the Citizenship Act, 1955.
    • Application Forms:
      • Form IIA: For individuals of Indian origin seeking registration as a citizen of India.
      • Form IIIA: For individuals married to a citizen of India.
      • Form IVA: For minor children of Indian citizens.
      • Form VA: For individuals whose parents are registered as citizens of India.
      • Form VIA: For individuals or their parents who were citizens of Independent India.
      • Form VIIA: For Overseas Citizen of India (OCI) cardholders.
      • Form VIIIA: For individuals seeking citizenship by naturalization.
    • Submission of Application:
      • Complete the relevant application form accurately and ensure all required information is provided.
      • Applications must be submitted electronically to the Empowered Committee through the District Level Committee, as specified by the Central Government.
    • Acknowledgment:
      • Upon submission of the application, an acknowledgment in Form IX will be generated electronically.
    • Verification Process:
      • The District Level Committee, led by a Designated Officer, verifies the documents submitted along with the application.
      • The Designated Officer administers the oath of allegiance to the applicant as specified in the Second Schedule of the Citizenship Act, 1955.
    • Scrutiny by Empowered Committee:
      • The Empowered Committee scrutinizes the application to ensure completeness and compliance with the eligibility criteria outlined in Section 6B.
      • The committee may conduct inquiries as necessary to ascertain the suitability of the applicant.
    • Grant of Citizenship:
      • If the Empowered Committee is satisfied with the application and inquiries, citizenship may be granted to the applicant.
    • Digital Certificate Issuance:
      • Individuals granted citizenship under Section 6B will receive a digital certificate of registration or naturalization (Form XA, XIA, XIIA).
      • Hard copies of the certificates will be issued upon request.
    • Renunciation of Previous Citizenship:
      • Applicants must declare the renunciation of their current citizenship, which becomes irrevocable upon the approval of their application for Indian citizenship.
    • Ongoing Compliance:
      • Applicants must comply with all requirements and declarations made during the application process.
      • Failure to comply may result in the application being refused or citizenship being revoked.
    • Appeal Process:
      • In case of refusal, applicants may have the right to appeal the decision through the prescribed legal channels.

Conclusion

As the CAA inches closer to realization, it triggers debates on its legal validity, inclusivity, and implications for India's diverse social fabric. While it seeks to offer sanctuary to persecuted communities, its implementation demands transparency, accountability, and a steadfast commitment to constitutional values to ensure equitable treatment for all individuals seeking citizenship.