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Citizenship Amendment Bill-2019 And Legal Consequence in India

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 Provisions

Article 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 citizenship.

Article 10, continuance of the rights of citizenship, the parliament made by any provision to continue to citizen.

Article 14 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 spirit.
  1. Supremacy of Law - Law only a supreme of the nation.
  2. 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).
  3. 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 external.

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Muslim religious was minority in India. So, the people was consider majority (Hindus) was dominating and discriminating.
  6. 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.
  7. 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.
  8. 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. 

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