Citizenship amendment bill was passed by the parliament of India 12 December
2019. Lok Sabha was pass the bill was 10th December and the Rajya Sabha pass the
bill was 11 December 2019.The bill was sign Indian president of Ram Nath Kovind
12TH Dec 2019. The bill was pass. but, not mention in effective date and year.
Earlier India was Follow only our constitution provisions, article 5-11 says
about the citizenship. After we enact the new one, it is called citizenship act
of 1955. It was enacted year of 30 Dec 1955.
Citizenship Act 1955
The act says the person become a Indian citizen he/she must fulfil the
conditions 1.By Birth(section-3) 2.By Registration(section-5) 3.By
Naturalization(section-6). But, the citizenship amendment act, 2019 providing
for citizenship only sex religion. Hindu, Sikh, Buddhist, Jain, Parsi and
Christians only mentioning the bill.
This religious peoples was living in Pakistan, Bangladesh and Afghanistan. In
this people was minorities of three nations. This persons was not freedom to
take any decision, the majority people was dominating to the minority people.
The Indian home minister and prime minister was concern to this matter after
make for this amendment.
This political persons thinking India is majority of Hindus people, so the
Indian people was easily accept. But, the 50% Indian people was not accepting
this bill. Because reason for not including Muslims of three nations. Another,
reason was it was violating the Indian constitution.
Constitutional ProvisionsArticle 11
of the Indian constitution says, parliament to regulate the
rights of citizenship by law; which means the parliament make any law for
acquisition or termination of citizenship and all others matters relating to
, continuance of the rights of citizenship, the parliament made
by any provision to continue to citizen.
of the Indian constitution says equality before the law- the
state shall not deny to any person equality before the law or equal protection
of the law within the territory of India. It was protect citizen and
non-citizen. Also applicable for every person in Indian territory. In this
concept was derive from rule of law.
Rule of Law
Rule of law was created by dicey. In this concept first emerge in British
period. The rule of law was mainly popularized in 19th century. We get
independent 1947. Dr. B R AMBEDKAR was make constitution in November 26th 1949.
The rule of law concept was also inserted. The rule of law consisting three
principle 1.supremacy of Law 2.equality before the law 3.pre-dominance of legal
- Supremacy of Law - Law only a supreme of the nation.
- Equality Before The Law -. No one can above the law. LAW IS BLIND
which means law should not concern rich and poor or higher caste and lower
caste. The law cannot discriminate to any citizen in manner of race, sex,
Religion, place of birth. India also follow a natural justice (legal maxim;
audi alteram partem which means hearing two sides another maxim is; nemo
iudex in causa sua which means rule against bias).
- Pre - Dominance of Legal Spirit - The court impose the rule of
law impartial and free from the external influences. The judicial become act
as a freely. Court was given any judgment without intervention of any
Amendments Made In Citizenship Act
We Follow the 1955 citizenship Act several amendment was made Parliament in
years 1986, 1992, 2003, 2005, 2015 and 2019. 2003 amendment was changes many
provisions of citizenship act of 1955. It was come into force 7th January 2004.
- The first and foremost reason was it was violating the Indian
constitution. The Indian constitution article 14 was violating. Article 14
the state shall not deny person equality before the law. It was applicable
to citizen and not citizen.
- The parliament pass any new act at least six month waiting after only
pass the new act. But, this act was pass within a two days. very quickly
move the bill. It was consider as a most drawbacks. The Lok Sabha pass the
bill 10th Dec, after a day Rajya Sabha pass the bill 11th Dec, the president
assent the bill 12th December. The parliament give for three hours only
debate to this bill. It was against the democracy. Any bill was passing the
parliament to give a time at least one month for discussion of the bill.
After only pass the bill assent of the president.
- Article 10 and 11 says parliament can make any law adding or remove the
persons citizenship. this provisions clearly says the parliament make law
nobody questioned. But, not violate the fundamental rights. Any law violated
the fundamental rights it was unconstitutional.
- The citizenship amendment bill was violating the preamble of the
constitution. India was secular country. Indian people was brothers and
sisters. The bill was violating the secularism. Secularism is a basic
structure of the constitution.
- Muslim religious was minority in India. So, the people was consider
majority (Hindus) was dominating and discriminating.
- Some people ask why not article 15 of India constitution violate? This
article clearly says no citizen shall be discriminating on caste, sex,
religion, etc., It was only applicable for citizen of India.
- Jamia Milla Islamia university student protest against the CAB. The
student was protesting within the university campus. But, the police was
attack the student without university permission. Peoples and students was
condemned for the police activity. The protest was spread across the India.
Delhi, Lucknows, Gujarat, Hyderabad, Mumbai, etc participate the protest.
Chennai colleges also participate the protest. Example TNDALU, Madras
University, IIT Colleges.
- Assam Peoples protesting was not against CAB. Reason for the protest,
new persons will come, the native persons was affecting the job vacancies
and the cultural changes. Assam peoples was living in hills and mountain
only. so, the peoples was not much of educated. This peoples was manifest
the extreme level of angry. Example, destroy the public property and throw
the stones against the police officers.
The parliament only have the ultimate law making power. But, the laws was
violating fundamental rights, it was goes to the judicial review. The judiciary
only decide this law is valid or invalid. so, the parliament carefully make the
law. The CAB Also goes to the judicial review the Supreme Court only decide it
was valid or invalid. But, It was consider as undemocratic only. The people
elected person only make the law. That the reason only conduct election and make
ministry of law and justice.