38.6c New Delhi, India, Sunday, May 19, 2024

“CAA Violates 1985 Assam Accords,” Says Another Petition Filed In SC Challenging CAA

By LawStreet News Network      17 January, 2020 01:01 PM      0 Comments
“CAA Violates 1985 Assam Accords,” Says Another Petition Filed In SC Challenging CAA

Another petition was filed today (January 17, 2020) challenging the validity of the Citizenship Amendment Act, 2019 (CAA) before the Supreme Court of India. The petitioners in the case are Professor Apurba Baruah and two other members of the Sushta Samaj Bikash Chakra who argue that Section 6a of CAA has shifted the 1971 cut-off date to 2014 which is violative of the 1985 Assam accords.

To give basic idea to the readers, Section 5 of the Citizenship Act, 1955 provides for citizenship by registration. Section 6 provides for citizenship by naturalisation. As per Section 6 read with the Third Schedule given in the act, any person of full age and capacity, if qualified in accordance with the Schedule, can acquire Indian citizenship by naturalisation if, interalia, he is a person who has resided in India or has worked with the Central Government or partly the one and partly the other for a period of twelve months prior to submission of application for naturalisation (as provided for in Clause (c) of the third schedule) and he is a person who has resided in India or has worked with the Central Government or partly the one and partly the other for a period of eleven years in the fourteen years immediately preceding to the said twelve months (as provided in Clause (d) of the third schedule. This is the position prior to the CAA.

Illegal migrants were expressly excluded by Sections 5 and 6 from acquiring citizenship by either registration or naturalisation. “Illegal migrant” has been defined in Section 2 (b) of the Citizenship Act, 1955 to mean any foreigner who had entered India without any valid document or authority prescribed by law and also includes any foreigner who has entered India with valid documents and authority, but has stayed beyond the period of permit. 

Present CAA adds a proviso to Section 2 (b) according to which persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan have been excluded from the purview of the definition of illegal migrants. Consequently, above said persons have been excluded from the bar to illegal migrants for acquisition of citizenship by registration under Sections 5 or by naturalisation under Section 6. CAA also adds proviso to Clause (d) of the Third Schedule and under the clause above said persons will require to stay for "not less than five years" in place of "not less than eleven years”.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM


Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email