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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 THE CITIZENSHIP AMENDMENT ACT 2019 (CAA)AND NATIONAL REGISTER OF CITIZENS (NRC):THE CUTENESS LAW IN

Naresh Kumar* *FCI, Member, Under the Ministry of Consumer Affairs, Food and Public Distribution, Government of India

“What difference does it make to the dead, the orphans and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?” --- Mahatma Gandhi

Received: 14 March 2020 Revised and Accepted: 8 July 2020

ABSTRACT: India is a nation of secularity, freedom, and stability. This could be the only nation in the world to support the slogan of 'Unity in diversity.' Maybe this is why many people from different countries want Indian citizenship.The word citizenship means that every society or State in which a person is enjoying full membership; it has civil and political rights.It may be defined as an individual 's legal connection with a particular State expressed by committing his or her allegiance to the State and performing duties such as paying taxes, serving in the armed forces in need of services, observing national values etc.The Citizenship (Amendment) Act, 2019 is an act passed on 11 December 2019 by the Parliament.The CAA of 2019 amended the 1955 Citizenship Act allowing Indian citizenship to Hindu, Sikh, Buddhist, Jain ,Parsi and Christian religious minorities that fled from Pakistan, and Afghanistan 's neighbouring Muslim majorities prior to December 2014 on the basis of the " or fear of religious persecution."The law excludes Muslims, however. In six years, the migrants will obtain Indian citizenship easily. The amendment also eased the residence requirement for these migrants to be naturalized from 11 to 5 years.For almost two months now, the CAA has been in the news and even today, they hog newspapers. Protests against and in favour of the bill spread across the country, while in South Delhi, ShaheenBagh became some kind of iconic protest.At first sight, the law can seem discriminatory and unconstitutional, but there is no closer examination of this accusation. The provision does not violate Article 14, which can require the listing of rules.The claim that the Act is against secularism and violates the basic framework of the Constitution is a command of language rather than legal justification. Only in the absence of legislative authority or in breach of any constitutional clause shall a statute be invalidated.The land is not present, so no national statute is exclusive to this House and no constitutional requirements are violated by this amendment.The protests are failing and Modi and Shah can carry on with their two-tier citizenship plans, and we should be prepared to deal with certain consequences which will change Indian society and its relations regionally and worldwide forever.The nationalism has defined itself through the richness of identity that determines what it means to be an Indian. The National Anthem of India says, "Punjab, Sindh, Gujrat, Maratha, Dravid, Utkal, Banga" ,not Hindu, Muslim, Sikh.When freedom fighters fought against the British, they did not let their intention and unity shift in religious columns.CAA 's impact on the Indian economy is also diversified. The greatest impact is that we already have an unfortunate disappointment with the Islamic nations with which we have close business and cultural connections.The United States, with which India has formed relations for decades, also shows some incredulity in this Act.After the dilution of Article 370 in August, US senators have challenged India 's actions. India faces losing friendly relations and trust with its major Allies.Indian diplomacy works twice as hard to explain what CAA really is to the world! Free Asian countries account for almost 50% of India's exports.Our cheap labor is important for the world, but in many countries , public opinion is not opposed. Let us not fool ourselves that economic rationalism is more important for leaders to preserve themselves.But our people, the citizens, are the most important and significant element. Where can India effectively handle dissidents? Too many people can't be placed in a detention centre. They target Muslims today, so who is next for the BJP?Many minorities today think about this on the table. So any question needs to be investigated and addressed in law so that the judgments are not affected by any group or caste. Antonio Gramsci has said, “In order to govern, all states need the consent of the governed”. Consent must therefore be developed by balancing conflicting arguments and policies in the interests of all sectors of society.

KEYWORDS: Citizenship Amendment Act, National Register of Citizens, Indian Constitution, Secularism, CAA, NRC 3866

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I. HISTORY OF CAA As Hindu nationalistic organisations, which were at the forefront of Indian society and politics, SujataRamachandran wrote in 2003 that their discourse focused attention on "a population which appears to be alien, largely unchecked and subreptitious in neighboring Bangladesh."Ramachandram wrote that these immigrants were viewed as "infiltrators" who pose a grave threat to India, not as "aliens" or "illegales" but as ''Trespassers.''The trustworthy myriad hazards of 'infiltration' (BharatiyaJanata Party 1994; B Rai 1992, 1993) were illustrated in a considerable amount of propaganda texts drawn up chillingly, strongly and in great detail by parivar ideologue or supporters outside of the flap.Appearing as a 'silent, invisible invasion' and a 'demographic violence' of motivated, illiterate, and bigoted Bangladeshis Muslims migrating massively to India began to sprain great [Joshi 1994; B Rai 1992, 1993].In the midst of allegation that significant numbers of Bangladeshi Muslim immigrants were included in the election rolls, the IMDT Act, 1983 (IMDT Act) The Determination by Tribunals Act 1983 was passed.The Election Commission, as Walter Fernandes wrote, asked the state government to recognize constituencies with a significant increase in the numbers of voters, but there was little State doing on the issue.Elections in officially increased by 10.2% in the 1970-1970 period, by 10.42% in the 1971-1977 period and by another 10.3% in 1978.The 's main ultimatum was to identify and expel aliens to the territory.Its priority was on Bangladeshis, although it is estimated there were only about 40 percent of refugees, the rest from Hindi speaking territories or from Nepal.The movement started out as a democratic movement, but it still ran the risk of being group due to cultural leanings, because most refugees from Bangladesh were islamists.This provided a national background from the Nellie massacre of more than 300 Bangladeshis in 1983.One VHP figurehead even said that a Pakistani smear campaign is to infiltrate Bangladeshis into an islamic republic and "support all kinds of acts of terrorism" (Staff Reporter, Assam Tribune, 23 December 2001).Now, nevertheless, the majority of AASU representatives urged the public not to communalize this (The Assam Tribune, 15 July 2005) and also tolerated this sectarian inclination to the BJP subsequently.The legislation is only valid for Assam. Among other parts of India the 1946 Foreigners' Act is passed, which provides evidence of the indian descent to the convicted.AnupamaRoy 's report of 2003 on the Citizenship Act (Amendment) explores the judiciary origins of the Bill 2016, the now implemented one.Roy arguing that, in its present form, the CAA and the NRC come from the 2003 Citizenship Act (Amendment) and are based on the 'economic migrants' group, as adopted by the 2003 amendment by descent prohibiting citizenship.The Citizenship Rules (2003), which defined administrative processes for NRC building and issuance of nationwide identification cards to residents, also exacerbated this divide. The reform of the Citizenship Act, enacted by 2003, introduced two major changes: law acknowledgment of India 's overseas nationality group, and restriction by descent of citizenry by limiting it to individuals whose guardians were Indian or one guardian was Indian and one parent did not constitute an immigrant who was illicit.The standard procedures for the building and implementation of NRC (Registering citizens and Issue of National Personal Cards), 2003, were also adopted. L K Advani introduced a National Identification Card (NIC), a predecessor to the NRC, for 13 Member States in 2003. J V Deshpande says Advani has been responsible for screening the involvement of "illlegal refugees" especially from Bangladesh and tourists from Pakistan for the launch of this pilot program. Advani also allegedly ordered "all the states and union territories to trace and expel millions of Bangladeshis and tens of thousands of Pakistanis who reside unlawfully in India."One part of the issue is Advani too. In addition to Bangladesh's undocumented immigrants, a large percentage enter the country illegally because of religious discrimination and have nowhere to go but India.There is no question that two separate groups of immigrants will be handled differently. Has the administration considered this issue? What would their thoughts on these immigrants be?All such assertions should not be opposed to the Advani proposition, but should merely highlight the challenges in implementing it. Until launching the NIC system for the identification and expulsion of illegal immigration from Bangladesh and Pakistan, the government must resolve these and more.The same goes for Advani 's recommendation to the legislature of the state. The Deputy Premier should have taken into consideration the numerous challenges that must be faced before appropriate measures can be taken before he goes out to public and leads individual states "to cast out millions of Bangladeshis and thousands of Pakistanis illegally."

II. THE “UBIQUITOUS BANGLADESHIS” With reference in terms of direction to Assam's Char areas, Gorky Chakravorty explores how the "illegal immigrants" are marginalised by various means, notably financial ones.In his research he explains how this "illegal immigrants" storyline grossly misrepresents existing settlement structures for longer time spans and applies tags wantonly without documenting the previously mentioned settlement procedures.Discrimination exists at many levels , particularly on the work force, where the action - oriented "nationalist" factions in the rant of freeing motherland from the intruder are either compensated less than the current salary rates or excluded from buildings.While mass media and mainland Assam organizations unload them as illegally asylum seekers, it 3867

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 is upsetting that these same bureaucracies do not care to identify the root causes of their movement of people from the charities. The consequence is net mistrust, skepticism, and dispute between the two ethnic groups, in which the continental Hindu community is exposed to the age-old bogey of 'invading refugees,' which reduces them to a minority, and the char dwellers to the 'structured' rhetoric of 'suspicient' identity.

III. CONSTITUTIONAL PROVISIONS FOR CITIZENSHIP By virtue of Article 11, the Constituent Assembly contained legal provisions to govern residency status by statute by the Parliament. However, Part 2 of the Requirement for Citizenship came into effect when it implemented the Requirement with Articles 5-11 dealing with it which states as follows: Article 5 states that “every person” who has a domicile in the territory of India and: • Who was born in Indian territory • Whose parents were either born on Indian territory or • Who has usually been residing in Indian territory for at least 5 years immediately preceding such commencement shall be a citizen of India. Article 6: Constitutional rights of those persons moving from Pakistan into India shall, at the beginning of this Constitution, be deemed to be indian citizens. Article 7: Such immigrants' rights to citizenship in Pakistan are special protections for individuals emigrating to Pakistan after 1 March 1947 but ultimately returning to India. Article 8: These are the constitutional freedoms of individuals of Indian descent resident out of India for jobs , learning and marriages. Article 9: No indian citizen would be individuals who willingly obtain foreign nationality. Article 10: Everyone who, pursuant to this section, is an indian citizen will be bound by all laws adopted by the Parliament. Citizenship Act of 1955 and its Amendments 1. The 1955 Citizenship Act deals with the creation and dissolution of citizenship after the initiation of the constitution The provisions under it include:  A person born in India, other than those born to emissaries and foreign enemies, after 26 January 1950 is an Indian citizen by birth.  All persons who were born after 26 January 1950, as well as the mother or father, are an Indian citizen subject to certain obligations.  Some classes of citizens can obtain nationality in the procedure provided by registering authorities.  Indian citizenship may be obtained by foreigners under certain circumstances by naturalization  The Indian Government can accurately determine the conditions under which a territory and its citizens become part of India  Citizenship can be lost for other reasons by revocation, resignation and degradation  Commonwealth citizens in India will be granted Commonwealth citizenship status.  2. The Citizenship (Amendment) Act of 1986:This act deals in particular with Assam state citizenship. The study notes that undocumented immigrants must be documented at the Indian embassy in the specified format, to acquire citizenship.  3. The Citizenship (Amendment) Act of 1992:Under the Act, if any family member was a citizen at birth or anyone born out of India is regarded a citizen of India by implication of a descending citizenship.  4. The Citizenship (Amendment) Act of 2003:This Act incorporates a variety of rules concerning enrollment, privileges in India, etc. for people from abroad. 5. The Citizenship (Amendment) Act of 2005:The Act is established on the basis of the executive committee on Internal Affairs of the Parliament. The PIO of 16 countries shall have dual citizen status. Modes of acquisition of Citizenship  By birth: the citizenship award under this provision is susceptible to modifications during the period.  Through registration: Citizenship can be obtained via registration.  By descent: This law was susceptible to modifications periodically, similar to citizenship by descendance.  By naturalization. • By territorial inclusion. Loss of Citizenship in IndiaBy relation to transfers, the Citizenship Act of 1955 also tackles loss of citizenship. The following methods are also used:  By waiving: Any person who has declared his intentions to waive citizenship shall preclude being an Indian citizen.  By termination: if an individual becomes a citizen of any different nation willingly or consciously. 3868

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 • By impoverishment. Overseas Citizen of India (OCI) According to the 2003 Citizenship Act, an Indian citizen from abroad requires an individual:Citizen of a particular country of Aboriginal descent • was automatically a citizen of India and was licensed as an OCI by the national govt.

Non-Resident Indian An NRI is an Indian citizen, holding an Indian passport and briefly emigrating for jobs, training or some other reason to another nation. Persons of Indian Origin A PIO is an Indian individual whose parents or guardians are Indian citizens, but not Indians, but from other nations. Within a democratic nation-state, citizenship plays an important role, and so citizenship is an important concept of democratic political force.

On 9 December 2019, the LokSabha passed the 2019 Citizenship Amendment Act. That is why the bill was signed by the President on 12 December 2019. In this post, let 's know what this act is, what are its characteristics and why are some opposition groups resisted?

What is Citizenship Amendment Act, (CAA) 2019 The 2019 Citizenship Amendment Act intends to provide asylum seekers from seven groups from Pakistan , Bangladesh and Afghanistan with Indian citizenship. These six villages are Hindu, Buddhist, Sikh, Christian, Jain and Parsi. Could I mention that, pursuant to the Four Extraneans Act of 1946 and the Passport Act of 1920, illicit immigrants may be thrown in jail or expelled? The two laws allow the govt to monitor foreigners' entry, departure and citizenship within India. What is the cut-off date for Indian Citizenship? It means the claimant would have entered India earlier or on the date as expected to be 31 December 2014. The intruders in their home country are believed to be "forced to take refuge in India by reason of discrimination on the basis of their faith." What does the Citizenship Amendment Act, 1955 say? The 1955 draft Citizenship Amendment Bill specifies five requirements for gaining Indian citizenship, such as 1. Nativity Citizenship 2. Descent Citizenship 3. Citizenship by Registration 4. Naturalisation Citizenship 5. Citizenship by territorial inclusion Citizenship Act of 1955: Provisions and Amendments The Citizenship Amendment Act, made it compulsory that an individual stay in India for at least 11 years to obtain citizenship generally, but in the Citizenship (Amendment) Act, 2019, this period reduced to 5 years. Key Features of Citizenship Amendment Act, 2019

1A consumer who is Indian (for example, a former resident of India or his descendants) or a partner of an indian birth can be provided with an OCI card under the 1955 Citizenship Act. The 2019 law now provides OCI cardholders the opportunities to move, work and study in India.

2. The Bill 2016 states that the OCI account holders' citizenship can be revoked for five reasons; a. Demonstrating contempt for India's Constitution b. Registering through fraudulent practices. c. During the battle, engage with the enemy. d. Harm to India 's sovereign status. e. Condemned to two or more years in jail under OCI registration within five years. However the Citizenship Bill , 2019 has introduced another reason for cancelation, that is to say if any rule that is in effect in the nation has been compromised by the OCI.

3. The Acquisition of Citizenship Act 2019 states that: (a). Such individuals are considered Indian citizens (on or before 31 December 2014) from the date of their entrance into India, and (b). All civil cases relating to undocumented immigrants or citizenship of undocumented migrants are closed. 3869

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 Nevertheless, this bill does not give the undocumented immigrants in Asam, Meghalaya, Mizoram and Tripura tribal districts these privileges. 4. The 2016 Citizenship Amendment Act states that these immigrants illegally from Afghanistan, Bangladesh , Pakistan (Hindus, Sikhs , Buddhists , Jains, Parsis and Christians), will live for at least 6 years in India before filing for Indian citizenship by naturalization.

But the current Citizenship (Amendment) Act 2019 would reduce this period to 5 years from 6 years. Why this bill is opposed? The bill is practically dismissed as it will not allow illicit Muslim migrants from these 3 countries their nationality. The criticism is also concerned with the fact that it breaches Article 14 of the Indian Constitution.It was also provided for in the 2019 Citizenship Amendment Act which gives undocumented aliens from 3 countries Indian citizenship. Many individuals, nevertheless, claim that this provision is an infringement of someone based solely on caste, ethnicity , sex and position of Article 14 of the Constitution. Ideally, when all parts of the country are heard, the administration will take the correct decision. . Applicability of the Amended Act . The tribal territory of Assam , Meghalaya, Mizoram, and Tripura as provided for under the Sixth Constitutional Schedule would not be protected by such rules on nationality for undocumented migrants. These tribal areas include KarbiAnglong (in Asam), Garo Hills (in Meghalaya), District of Chakma (in Mizoram), and District Tripura. . The Bengal Eastern Frontier Law, 1873 does not refer to the 'Inner Side' areas notified. The Inner Line Permit governs Indian visits in these regions. . Currently Arunachal Pradesh, Mizoram and Nagaland are protected by the permit scheme. The same day that the legislation was passed in parliament, Manipur was also placed under the rule of the Inner line Authority (ILP), by an official gazette issued. . Cancelation of OCI 's registration: the Act provides that, for some purposes, the govt can revoke the registration of OCIs. Which include I whether the OCI has been registered for misconduct or, (ii) if it is appropriate for the sake of Indian sovereignty and protection, the OCI has been subjected to 2 years or more of incarceration within 5 years of enrollment. . The Bill includes one additional reasons for the cancelation of the registration where, according to the national govt, the OCI has infringed on any provisions of this act or other law. The cancelation orders for the OCI are not to be released until an incentive for the OCI cardholder is open.

Now let’s see some major difference between Nationality and Citizenship:

1. Ethnicity is the independent identification which shows the relationship between the individual and the Government. Citizenship is, on the other hand, the constitutional standing that states that the individual is national. 2. Ethnicity reflects the location or state in which a person is born while a person is registered by the ruling government as a citizen.

(The nationality of AstronautSunitaWillaim is Indian, but is a US citizen) 3. The definition of nationality is moral or cultural, while it is civil or natural in practice. 4. Ethnicity may be obtained by birth and legacy and citizenship by birth, legacy, naturalization, matrimony, etc. 5. Citizenship can be modified, nationality can not ever be altered. 6. A individual may be a national of only one part of the world and a citizen of multiple countries. 7. Although citizenship can be overturned, nationality can not be reversed. It can therefore be inferred from the same that nationality is linked to the origin of an individual while a country's nationality may be obtained after official documentation has been fulfilled.

Arguments against CAA It is against Muslims  The Act was criticized largely because it affects Muslims explicitly. Therefore, not only the ideals of laicismo, but democracy, equality and fairness are abused by the grounds of religion of citizenship.  Shia, Baluchi and Ahmadiyya Muslims who suffer discrimination in Pakistan or Hazaras in Afghanistan; are not invited to claim for nationality in India.  The CAA's main point was not to apply it to people who have been oppressed in Myanmar and Sri Lanka and who are immigrants from Rohingya Muslims and Tamils.

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020  The hegemony of three countries is neither religious bigotry nor discrimination is limited to non- Muslims. It violates Article 14  Experts claim that the right to equal treatment as stated by Article 14 of the Constitution stands violated.  The CAA is in the teeth of Article 14, which includes not only correct categorisation and a legitimate and equitable item, but also non - subjective recognition of any form of classification.  The Act is an example of class law, since it is not appropriate for discrimination based on religious beliefs.

Why North East is objecting to CAA?  The potential for citizenship of significant groups of undocumented migrants from Bangladesh has sparked deep feelings of anxiety in the northeastern countries involving concerns of changing demographics, loss of alternative livelihoods and indigenous cultural degradation.  The Act, in both letter and spirit, seems to contravene the Assam Agreement also known as the .  As the cut-off date for international immigration had been set by the Assam Agreement, signed between the then-Rajiv national govt and The Assam Student Union (AASU). All who entered Assam unlawfully after that date, irregardless of their religion, had to be identified and expelled.  • The Citizenship Amendments Act shifted the date limit for six religions until December 31 , 2014, which would be unacceptable to Assamese people in the Brahmaputra Valley who strongly believe on the unlawful treatment of all undocumented migrants.  An environmental issue still exists. When hundreds of thousands leave Bangladesh for Assam and the North East legally, the leading financial asset – Land – would first feel pressure.  Also, because these are legal residents, the line for available jobs will also increase, which could decrease the chances for native population and residents.  It also means that the people of the State have rights and freedoms. In Assam, migration was a blazing problem. The opinion is that the political ambitions of the State is decided by undocumented aliens, who gradually become lawful citizens.

Other issues surrounding CAA  The CAA doesn't really take Jews and nonbelievers into consideration. You were exempt from the Act.  There is no definition of the reason for clubbing Afghanistan, Pakistan and Bangladesh together except other (neighboring) nations.  There is no shared past as Afghanistan never belonged to colonial india and was a sovereign state only.  The exclusion was given to countries like Nepal, Bhutan and Burma that shared their land boundaries with India.  The possible explanations in the "Determination on Objects and Reasons" of the Act are that, legislatively, the three countries provide for a "state religion," which means that in these autocratic states "religious minorities" are to be protected.  The above-mentioned point is not in reference to Bhutan, a neighbor and the official religious state of the Buddhism Vajrayana.  Non-Buddhist missionary activity is restricted, non-Buddhist places of worship are banned and non- Buddhist gatherings are restricted. However, Bhutan was not listed. Emphasis on persecution by religion only:  The Act gives advantages to persons suffering only one kind of oppression in the categorisation of people, i.e. religious persecution completely ignoring others.  Religious discrimination is a significant issue, but there is also political manipulation in places of the globe. The rationale of restricting the defendant to just religious discrimination is questionable if the purpose is to safeguard the survivors of discrimination.  CAA provisions that are apparently inconsistent with the constitution are to deny equal treatment to equally placed people who come to India as 'ilégal migrants,' but actually give asylum to the less worthy at the expense of the more dignified.  A CAA clause could lead to a situation that would not allow a Rohingya, who has protected himself from damages in Myanmar by moving to India while a Hindu from Bangladesh may be an illegal immigrant who has not yet been specifically persecuted in his life, to be a citizen. 3871

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020  Similarly, a Tamil from Jaffna who escapes the Sri Lankan prosecution will continue to be a 'illegal migrant' and never be eligible to claim naturalization citizenship.  • The housing prerequisite for naturalization is also reduced – from 11 to 5 years. There were no explanations for the specified time period.

Arguments in favor It is not against Muslims  The Indian citizenship can still be obtained through naturalization by the Ahmediyas and Rohingyas (if they enter with valid documents of travel).  In any circumstance they will not be driven back because India adheres to the message is non- refoulment (although not in the 1951 Refugee Convention).  If a Shia Muslim confronts oppression in India and seeks respite, his case is evaluated in terms of its facts and conditions to proceed to live and work in India as an asylum seeker.  Balochistan has had a lengthy battle to be free of Pakistan with respect to Balochi migrants, and it can be regarded as intervention in Pakistan's domestic matters, including Baluchis in the CAA.  Accordingly, the CAA shall not exempt any demand for Indian nationality from Pakistan , Bangladesh and Afghanistan. Singer Adnan Sami, for instance, can proceed to apply for citizenship in a similar way.  It should be remembered that universal citizenship shall not even be accorded to minorities. They must fulfill both the prerequisite of excellent conduct and their bodily housing in India set out in the Third Schedule of the Citizenship Act , 1955;  The Citizenship Amendment Act is not anti-Muslim according to Harish Salve, one of the major individuals of India in domestic and international law. • Salve asserted that CAA nations have their own religious belief and Islamic guidelines. He added that Islamic majorities classify their people by who follows and who doesn't follow Islam. The aim of the CAA is not to resolve the issues of governance in neighboring countries. • Salve claimed that the Rohingyas problem does not need to tackle all the inequalities in all nations through legislation that tackles one evil. It is noteworthy here that Burma has no national religion, even though it is a Buddhist majority nation; Burma does not appear in the CAA Act.

The Act is not a violation of Article 14 Sovereign space  Originally, citizenship justificability or the legislation regulating foreign entry is often seen as a 'sovereign domain' in which the judiciary are hesitant to interfere.  Therefore, the U.S. Supreme Court authorized a travel ban in Trump v Hawaii No 17-965, 585 U.S. (2018) from many Muslim nations holding that restrictions on visitors with entry are 'fundamental sovereign qualities practiced largely free from constitutional oversight by state agencies.'  Similar rationale was normally provided by indian judiciary. The Madras High Court in David John Hopkins vs. Union of India (1997) ruled that the Union's right to reject nationality is justified and is not protected by constitutional protections under Article 14.  The Supreme Court similarly ruled in Louis De Raedt vs. the Union of India (1991) that the privilege of a visitor in India is limited to Article 21.

With respect to North East  Citizenship Amendment Act shall not water down the sanctuary of the Assam Agreement in relation to the cut-off date of 24 March 1971 on which undocumented immigrants have been identified or deported.  No Assam Centric Citizenship Amendment Act. It refers to the nation as a whole. Citizenship Amendment Act certainly does little to secure native cultures from the undocumented immigrants against the National Register of Citizens (NRC).  Moreover, there is an interruption dates of 31 December 2014 and benefits to representatives of the religious and ethnic minorities who settle in India after the interruption date will not be accessible under Citizenship Amendment Act.

Historical Connections  This Act does not grant Hindus and Christians and Sikhs from other countries a blank cheque for settling in India and acquiring citizenship. These three countries are the only ones. Why does this happen? 3872

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020  Because they are both historically linked to India. The scenario where Hindus and other minorities were separated from India has created an environment in which the partition happened since then.  With regard to including neighborly countries, it could be argued that if the necessities occur as we did with the oppressed Tamils of Sri Lanka we can deal with them independently.

Government’s Stand on CAA  The country has enacted clear that it is Islamic republics in Pakistan , Afghanistan and Bangladesh, where Muslims are in the majority, and thus can not be regarded as oppressed minorities.  According to the govt., the purpose of this bill is to give citizenship to people instead of takng it away.  The govt. has ensured that the implementation will be examined from one case to another by any other group.  This bill would be a great blessing for anyone who was the survivors of the partition and of its eventual transformation into the democratic Islamic republics in all three countries.  The govt. cited the 1950 Nehru-Liaquat agreement on the security of minority rights and integrity in Pakistan and Bangladesh as explanations for putting forward this bill, the fracturing of India on sectarian lines and eventual failure.  India, not just once but twice after independence, acknowledged their duty to the minorities in the neighbourhood. The first thing was to absorb more than 1.2 million asylum seekers right after partition and again during the 1972 Indira-Mujib Treaty. Historically, it is just the Hindus, Sikhs, Buddhists and Christians who have gone on to the Indians on both instances.  With respect to matters not affecting the Sri Lankan, Myanmar etc. minority communities, the State noted that, on a case-by-case basis, the procedure of granting citizenship to immigrants was followed in the past by various administrations on 'fair qualifications under Article 14.' This time, this Bill has taken into account the situation of immigrants escaping religious chase from these three nations. . The govt. had communicated Clause 6 of the Asam Accord to the High Level Committee (HLC) by January 2019 and called on the Committee to provide the national government with its report early on for appropriate action to be adopted with respect to the provisions of the Agreement.The Assam people were therefore guaranteed by the govt. to conserve their semantic, political and historical identity.

Nehru-Liaquat Pact  It was a treaty reached at Delhi in 1950 between Indian and Pakistani Prime Ministers Jawaharlal Nehru and Liaquat Ali Khan on the health and freedom of the individual  Minorities in both countries after partition, together with massive community civil unrest, felt that a need for a pact of this kind was necessary.  In 1950, over ten lakh Hindus and Muslims moved in the midst of communal violence, including riots in East Pakistan in 1950, from and to East Pakistan ( now Bangladesh) and the in some cases, according to a few projections.

Under the Nehru-Liaquat pact • Asylum seekers may return to try and get rid of their assets unmotivated • Women captured and plundered lands should be recovered • Unacknowledged forced conversions • The rights of minorities have been verified

What did India and Pakistan agree upon?  'The Indian and Pakistani Governments have humbly agreed that every one of them shall guarantee equal opportunities of citizenship, regardless of religious beliefs and the free movement of people within each nation and freedom of occupation, of expression and adoration, with an absolute sense of safety in relation to life , culture and assets and personal honor, under law and ethic,' the agreement said.  "individuals of the minorities entitled to equal opportunities to take part, hold political and other offices, and end up serving in the civil and armed forces of their nation with representatives of a majority community. Such freedoms are considered fundamental in both Countries and pursued to focus specifically on them.

National Register of Citizens The National Register of Citizens (NRC), preserved by the Government of India, includes all the necessary data necessary for recognition by the Indian citizens of Assam. On 20 November 2019, during a parliamentary 3873

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 session, Minister Amit Shah announced that NRC had been extended to the entire country. NRC was first formed in the wake of the India and Assam censuses of 1951 as the first to update this NRC for the identities of the individuals and their ancestors whose name had been reported successfully in the 1951 NRC or was discovered in any election roll by midnight of 24 March 1971.Classification of undocumented immigrants in Assam who had come to Assam from Bangladesh during the 1971 indo - Pakistan war was the primary objective in implementing and improving the NRC at Assam. It is a critical issue for Assam, as many argue that the Eastern Frontier mass infiltrations disrupt the Assamese community and shift the region's demographic characteristics.

NRC in Assam The purpose of the NRC revision is to identify undocumented migrants who moved from Bangladesh to Assam after 24 March 1971. The goal is also to see whether or not the people who submit their identities in the NRC are legitimate Assam people. One of the key foundations for recognition was the presence in the NRC or the election officials of the official title of the individual's family members until 24 March 1971. The following documents can also be submitted as evidence of citizenship by an individual:  Certificate of birth •  Strategies for LIC  Certificate of Refugee Identification

 History of land and tenure

 Certificate of citizenship, passport, warrant issued by the state or attestation.

 Bank / post and housing perpetual certificate accounts;

 Government jobs, schooling and court filings. government jobs certificate. Since 1950, as a result of the waves of immigration to Assam, there has always been concern that the native population would lose their ethnic heritage and demographic characteristics.The University Students' Movement in Assam, together with the All Assam Students ' Union, began in the late seventies and called to find and expel undocumented migrants in Assam. Strong unrest led to a complete stop of the entire state.

Assam Accord, 1985 The Agreement was signed in 1985, with heading the national govt. and the All Assam Gana Students Assembly (AASU) and All Assam GanaSangramParishad, to maintain stability of the state. The Assam Agreement provided for:  Any foreigner who has moved to Assam from 1951 to 1961 is granted additional citizenship, along with the voting rights.  All rights of nationality, excluding the right to vote, which would be withheld for a period of 10 years and deportation to all who infiltrated Assam after 1971, shall be given to aliens who had moved to Assam between 1961 and 1971. During the application of the Assam Agreement many limitations were encountered, as this resulted in huge legislative issues. Even a lot of people were murdered at the Deputy Commissioner's office in Barpeta during a series of attacks. The NGO Assam Public Works (Assam), which asked to identify and expel illegal Bangladeshi people in Assam, submitted a petition in the supreme court in 2009. They have called for their names to be excluded from the register of voters. In 2013, the Supreme Court required that the NRC update be completed by 31 December 2017. The Supreme Court currently oversees the entire NRC installation process. The National Revival Center has been revamped on the grounds of the Citizenship Act , 1955, and Citizenship Rules, 2003.

IV. CONTROVERSIES OF THE NATIONAL REGISTER OF CITIZENS (NRC) The launch of the completed NRC at 10 a.m. on 31 August 2019. A number of controversieswas generated for the conclusion of the 1951 NRC update, as well as some legislative writers publicly opposed this document. According to the news, an assam MLA from the All India United Democratic Front (AIUDF) political party was discovered from the NRC. In this connection, he stated that the NRC 'sfinal list contains thousands of legitimate Indians, in particular Bengali Hindus, while the illegal immigrants entered the final list. The Supreme Court denied even re-checking of this draft list.

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ISSN- 2394-5125 VOL 7, ISSUE 19, 2020 Eligibility Criteria for NRC A person should fulfill the following criteria to be eligible for the NRC:  Anyone whose identities were published on the NRC in 1972, or on any election process roles up to and including their decedents, by 24 March 1971 (midnight).  Individuals who have enrolled as International Registry Regional Officer (FRRO) in accordance with the national government laws, and are not regarded by any jurisdiction undocumented migrants or outsiders. • Any person who moved to Assam prior 25th March 1971 or after 1 January 1966. • Individuals originally living in Assam as well as their children and descendents who are Indian citizens provided that the Registering Authority determines their citizenship beyond reasonable doubt. • Persons who are able to submit any of the application provided until 24th March 1971 by midnight, as indicated on the roster of citizenship records.

Indian CAA law is a positive step All people in India, of whom 175 million Muslims (14% of the total indian population) are equally entitled. The CAA makes it easier for unlawful non Muslim asylum seekrs and other individuals who can not deliver evidence of domicile to claim their citizenship. All people in India, of whom 175 million Muslims (14% of the total population of India) are equally entitled. The CAA makes it easier for unlawful non Muslim asylum seekers and other individuals who can not provide evidence of residence to claim their citizenship.The CAA needs to be seen in several South Asian countries to understand the legal situation. For generations in Pakistan , Bangladesh and Afghanistan, ethnic minorities have been persecuted. The three countries are Islamic republics and thus, from these countries, we see people from minority (non-Muslims) groups flowing towards India.In both Afghanistan and Bangladesh, oppression of religious and ethnic minorities has mainly ceased, but migrant workers from Pakistan have reported that it's not the case. To immigrants from different countries, the CAA provides a legal alternative – one that actually doesn't really function. The CAA unlawful immigrants born in Pakistan, Bangladesh, Afghanistan and being Hindu , Sikh, Buddhist, Jain, Zoroastrian, Christian or other nations. The CAA decreases the span of eligibility for such citizens as Indian citizens from 11 to 5 years prior they join India on or before 31 December 2014. Someone meeting this provision must not submit any proof of their nationality under the Act. The CAA would therefore allow many citizens to supply the necessary documents that was not available in the past. Notwithstanding the outrage and ongoing demonstrations in northeastern India by some people, including learners, the CAA refuses to deal with the enforced expulsion of undocumented aliens.However, India's Prime Minister NarendraModi and Home Minister Amit Shah have repeatedly stated that the CAA has no effect on India's foreign ties, and that India has no resettlement pact with Afghanistan, Bangladesh or Pakistan. Therefore, in my view, claims that the CAA that lead to Muslims being expelled forcefully are baseless.Since India is a secular republic, Muslims around the world are entitled to apply for Indian citizenship equally with everyone else in the world. No naturalization laws are revoked by the CAA. The Act does not prohibit Muslims who have been or are oppressed to request for Indian nationality because of their interpretation of Islam (e.g. Ahmadi from Afghanistan). India is a secular republic, and muslim nations are the other three. In India, therefore, every religion is acknowledged, and the CAA emphasizes that only.

V. CONCLUSION

In terms of Citizenship, the Parliament has unbridled right to enact for the government. Yet this Act, supposedly by the opposing party and other political organisations, contradicts some of the constitution 's fundamental principles, such as secular values and justice. It can enter the gates of the Court of Justice, which is the ultimate translator of the Supreme Court.When it breaches the democratic characteristics and goes ultra-wired, even if it does not happen, then we will have the rule. One of the most critical issues, however, is that New Delhi will eventually stabilize, because this also includes neighbouring countries. Any effort to accommodate the immigrants over time should not be at the expense of goodwill.The country, where countless cultures and traditions were raised, India must always preserve the concept of religious fundamentalism as a place of origin and the accepter of spirituality and guardian of oppressed people in the past.

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