New Delhi: In a major decision taken weeks ahead of the 2024 Lok Sabha elections, the BJP led central government Monday implemented the contentious Citizenship (Amendment) Act, 2019, four years after the law was passed by the Parliament.
The CAA paves the way for citizenship to undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014. With this, the Modi government will now start granting Indian nationality to persecuted non-Muslim migrants -- Hindus, Sikhs, Jains, Buddhists, Parsis and Christians -- from the three countries.
Union Minister Amit Shah said Prime Minister Narendra Modi has delivered on another commitment and realised the promise of the makers of the Constitution. "These rules, called the Citizenship (Amendment) Rules, 2024 will enable the persons eligible under CAA-2019 to apply for the grant of Indian citizenship," a Home Ministry spokesperson said. "The applications will be submitted in a completely online mode for which a web portal has been provided," the spokesperson added.
Here are the key excerpts from the Citizenship Amendment Act rules notified on Monday.
Who can apply for citizenship and how?
The applicant has to submit the application online to the Empowered Committee through the District Level Committee (DLC) headed by Designated Officer (DO). For this purpose, the applicant may visit https://indiancitizenshiponline.nic.in or mobile application namely CAA-2019. By answering simple questionnaire, the online system will prompt the applicant to the form as per his/her eligibility. Application for grant of citizenship by registration or naturalisation shall not be entertained unless:
1. The application from a person of Indian origin for registration as a citizen of India.
2. The application from a person who is married to a citizen of India, for registration as a citizen of India.
3. The application from a person who is a minor child of a person who is a citizen of India.
4. The application from a person whose parents are registered as citizens of India.
5. The application from a person who or either of his parents was a citizen of Independent India
6. The application from a person who is registered as an Overseas Citizen of India Cardholder
7. The application from a person for grant of citizenship by naturalisation fulfilling the qualifications for naturalisation under the provisions of the Third Schedule, is submitted in Form VIIIA which includes- (i) an affidavit verifying the correctness of the statements made in the application along with an affidavit from an Indian citizen testifying the character of the applicant; and (ii) a declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution. (The applicant shall be considered to have adequate knowledge of the concerned language if he can speak or read or write that language.
List of Documents to prove that the applicant is a national of Afghanistan or Bangladesh or Pakistan
1. Copy of the passport issued by the Government of Afghanistan or Bangladesh or Pakistan.
2. Registration Certificate or Residential Permit issued by the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) in India.
3. Birth certificate issued by a Government authority in Afghanistan or Bangladesh or Pakistan.
4. School certificate or Educational certificate issued by the School or College or Board or University authorities in Afghanistan, Bangladesh or Pakistan.
5. Identity Document of any kind issued by Government of Afghanistan or Bangladesh or Pakistan or any other Government authorities or Government agencies in these countries.
6. Any License or Certificate issued by a Government authority of Afghanistan, Bangladesh or Pakistan.
7. Land or tenancy records in Afghanistan or Bangladesh or Pakistan.
8. Any document that shows that either of the parents or grandparents or great grandparents of the applicant is or had been a citizen of one of the three countries i.e. Afghanistan or Bangladesh or Pakistan.
9. Any other document issued by a Government authority or a Government agency in Afghanistan or Bangladesh or Pakistan which will establish that the applicant is from Afghanistan or Bangladesh or Pakistan.
As per the rules notified, the above listed documents will be admissible even beyond their validity period.
Declaration and affidavits required with application
The new rules suggest that those applying for Indian citizenship will have to submit the following special documents.
1. An affidavit verifying the correctness of the statements made in the application along with an affidavit from an Indian citizen testifying the character of the applicant.
2. A declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution.
3. The person should also carry a declaration saying the citizenship of his country shall stand renounced irrevocably in the event of his application being approved.
Procedure as per the CAA rules
An application for registration or naturalisation under section 6B shall be submitted by the applicant in electronic form to the Empowered Committee through the District Level Committee as may be notified by the Central government.
The District Level Committee headed by the Designated Officer, as may shall verify the documents submitted by the applicant along with the application.
The Designated Officer shall administer to the applicant the oath of allegiance as specified in the Second Schedule to the Citizenship Act, 1955 (57 of 1955) and thereafter, sign the oath of allegiance and forward the same in electronic form along with confirmation regarding verification of documents to the Empowered Committee.
In case an applicant fails to appear in person to subscribe the application and take oath of allegiance despite giving reasonable opportunities, the District-Level Committee shall forward such application to the Empowered Committee for consideration of refusal.”.
The Empowered Committee referred to in rule 11A may scrutinise the application for grant of citizenship by registration or naturalisation submitted by an applicant under section 6B to ensure that the application is complete in all respects and that the applicant satisfies all the conditions laid down in section 6B.
On being satisfied after making such an inquiry as it considers necessary for ascertaining the suitability of the applicant that he is a fit and proper person to be registered or naturalised, as the case may be, the Empowered Committee may grant him the citizenship of India.” The detailed rules can be accessed here.
How will the citizenship certificate be issued to the applicant?
The applicant who has applied for grant of citizenship by registration or naturalisation will be issued a digital certificate of registration. Ink signed copy of the certificate of registration or naturalisation will be issued only if the applicant has opted for the same at the application stage and this will have to be collected by the applicant from the office of the Empowered Committee i.e. the office of the Director (Census Operations) of the State/Union Territory concerned located in the State/ UT capital.
