Citizenship (Amendment) Rules, 2019 explained: 7 steps to apply for citizenship : Who can apply

  Individuals who migrated to India before December 31, 2014, from Pakistan, Afghanistan, and Bangladesh 

Agencies,12 Mar 2024 : Less than a month before the Lok Sabha elections 2024, Prime Minister Narendra Modi-led Union Government notified the rules of the Citizenship Amendment Act (CAA) 2019. The act allows the members of six minority communities from Pakistan, Afghanistan, and Bangladesh to get Indian citizenship faster. While notifying the rules, the government said the act aims to ensure proper resettlement of these persecuted minorities, who have faced years of oppression. 

What is the Citizenship (Amendment) Act, 2019? 

The Citizenship (Amendment) Act, 2019 (CAA) is a legislative enactment that the Parliament of India passed on December 11, 2019 to amend the Citizenship Act of 1955. This amendment allowed for the grant of Indian citizenship to religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who fled from neighbouring Muslim-majority countries of Pakistan, Bangladesh, and Afghanistan due to religious persecution or fear thereof before December 2014. Under the CAA 2019 amendment, migrants who entered India by December 31, 2014, were eligible for fast-track Indian citizenship. The amendment reduced the residence requirement for naturalisation from eleven years to five.

What are the CAA 2024 rules? 

The rules, in line with the 2019 amendment to The Citizenship Act, 1955, aim to provide citizenship to migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India before December 31, 2014, from Pakistan, Afghanistan, or Bangladesh. An online system for application, processing, and grant of citizenship under the Citizenship Amendment Act (CAA) is being explored by the Home Ministry. Eligibility criteria for citizenship application Eligible applicants include individuals of Indian origin, spouses of Indian citizens, minor children of Indian citizens, individuals with registered Indian citizen parents, and Overseas Citizens of India Cardholders, among others.

Who can apply for citizenship under CAA 2019? 

Individuals who migrated to India before December 31, 2014, from Pakistan, Afghanistan, and Bangladesh due to “religious persecution" and belong to six religious minorities- Hindu, Sikh, Buddhist, Jain, Parsi, and Christian are eligible to get citizenship under the Citizenship Amendment Act (CAA) 2019.

How to apply for citizenship under CAA 2019?

1. The applicant shall submit an application for registration or naturalisation under section 6B in electronic form to the Empowered Committee through the District Level Committee as may be notified by the Central Government.

2. On submission of the application, an acknowledgement in Form IX shall be generated electronically.

3. The District Level Committee headed by the Designated Officer, as may be specified, shall verify the documents submitted by the applicant along with the application.

4. 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.

5. In case an applicant fails to appear in person to subscribe to the application and take the oath of allegiance despite giving reasonable opportunities, the District Level Committee shall forward such application to the Empowered Committee for consideration of refusal.

6. 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.

7. The Empowered Committee may grant the applicant the citizenship of India if it is satisfied after making such inquiry as it considers necessary for ascertaining the applicant’s suitability that he is a fit and proper person to be registered or naturalised, as the case may be.

Requirement of special documents

Moreover, the rules mention two additional documents other than those in Section 6B of the Citizenship Amendment Act (CAA) rules. These are:

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.

Individuals seeking citizenship by naturalisation must submit Form VIIIA, accompanied by an affidavit verifying the accuracy of the provided information and attesting to the applicant's character by an Indian citizen. Additionally, applicants must declare their proficiency in one of the languages specified in the Eighth Schedule to the Constitution of India.

Who is exempted from the CAA?

Autonomous councils created under the 6th Schedule of the Constitution are exempted from the purview of CAA. The law that came into effect on Monday will, therefore, not be implemented in most tribal parts of Northeastern states. Autonomous councils under this special status include Karbi Anglong, Dila Hasao and Bodoland Territorial Council areas in Assam, Garo Hills in Meghalaya and tribal areas in Tripura.

Areas where the Inner Line Permit (ILP) is required for a visit by people from other parts of the country in Northeastern states are excluded from the law. The ILP is in place in parts of Arunachal Pradesh, Nagaland, Mizoram and Manipur.

Eligibility: Who can apply for Citizenship

• Anyone of Indian origin seeking registration as a citizen of India
• Person married to a citizen of India, seeking registration as a citizen of India
• An application from a minor child of an Indian citizen, seeking registration as a citizen of India
• An individual whose parents are registered as citizens of India, seeking registration as a citizen of India
• An application from individual who or either of their parents was a citizen of Independent India, seeking registration as a citizen of India
• An individual who is registered as an Overseas Citizen of India Cardholder

Form VIIIA Submission: First, the applicant submits Form VIIIA, which has all important personal details and information required for the naturalization process

Affidavit Verification: The applicant must provide an affidavit verifying the accuracy of the statements made in the application. This affidavit serves to ensure the truthfulness of the provided information.

Character Affidavit: The applicant must present an affidavit from an Indian citizen attesting to the applicant's character. This affidavit acts as a testament to the applicant's reputation and conduct.

Language Declaration: The applicant is required to declare that they possess adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution of India. This declaration confirms the applicant's linguistic proficiency, a crucial aspect of integration into Indian society.

What is the process of application submission?

Under section 6B of the Citizenship Act, 1955, individuals seeking registration or naturalization must follow a the following process:

Submission of Application: Applications should be submitted electronically by the applicant to the Empowered Committee through the District Level Committee designated by the Central Government

Acknowledgment: Upon submission, an acknowledgment in Form IX is electronically generated.

Document Verification: Led by a Designated Officer, the District Level Committee verifies the documents submitted along with the application.

Oath of Allegiance: The Designated Officer administers the oath of allegiance specified in the Second Schedule to the Citizenship Act, 1955, to the applicant. The signed oath, along with confirmation of document verification, is forwarded electronically to the Empowered Committee.

Refusal Consideration: The selected committee has the power to reject the application if an applicant fails to appear in person despite reasonable opportunities.

Renunciation Declaration: Every application includes a declaration by the applicant renouncing their citizenship of their current country, irrevocably and without future claim.

What is the status of petitions filed challenging constitutional validity of CAA?

Several petitions have been filed challenging the constitutional validity of the Citizenship (Amendment) Act, 2019, including by RJD leader Manoj Jha, Trinamool Congress MP Mahua Moitra and AIMIM leader Asaduddin Owaisi.

Muslim body Jamiat Ulama-i-Hind, All Assam Students Union (AASU), Peace Party, CPI, NGOs 'Rihai Manch' and Citizens Against Hate, advocate M L Sharma, and law students have also approached the top court. The top court has issued notice to the Centre and sought its response by the second week of January on a batch of pleas challenging the CAA.

Here are the areas where CAA does not apply:

The amendments introduced by CAA do not apply to areas covered by the Constitution’s sixth schedule. These are the autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram. This means migrants belonging to the identified communities from Afghanistan, Bangladesh, and Pakistan based on religion can’t be given Indian citizenship if they are residents in these areas. CAA also does not apply to states with an inner-line permit (ILP) regime — primarily in North-East India.

if they are residents in these areas. CAA also does not apply to states with an inner-line permit (ILP) regime — primarily in North-East India.