How to apply for Indian Citizenship under the new notification, Citizenship (Amendment) Rules

The announcement of the regulations is intended to make it easier for immigrants from nearby nations to obtain Indian citizenship.

Digital Desk: Amid protests and in the wake of the upcoming elections, the BJP’s central government notified the implementation of the much-debated Citizenship (Amendment) Act, 2019 on Monday. The new laws, according to Home Minister Amit Shah, will make it possible for minorities who are oppressed in Pakistan, Bangladesh, and Afghanistan due to their religious beliefs to become citizens of India.

“Our Muslim brothers are being misled and instigated (against the CAA). The CAA is only meant to give citizenship to those who came to India after facing persecution in Pakistan, Afghanistan, and Bangladesh. It is not for snatching anyone’s Indian citizenship,” Amit Shah said in a statement, as quoted by News 18. 

The announcement of the regulations is intended to make it easier for immigrants from nearby nations to obtain Indian citizenship. As per the reports from MHA spokesperson ‘X’ handle, the application will be in complete online mode.

The Citizenship Act of 1955 was amended by the CAA to grant Indian citizenship to migrants from Afghanistan, Bangladesh, and Pakistan who are members of the Buddhist, Parsi, Hindu, Sikh, Jain, and Parsi communities, as well as Christians, and who arrived in India on or before December 31, 2014, as a result of religious persecution back home.

The amendment added one more layer to obtaining Indian citizenship, making it easier for minorities in the neighbouring countries to get Indian citizenship based on “facing religious persecution." How the new citizenship procedures would be entertained by eligible citizens is mentioned in the following section. Read the full text to understand the nuances of the new and old rules based on the new notification called Citizenship (Amendment) Rules. 

Applications for the grant of citizenship by registration or naturalisation shall not be entertained unless:

1. The person is of Indian origin.

2. The person is married to a citizen of India.

3. The person is a minor child of a person who is a citizen of India.

4. The person's parents are registered as citizens of India.

5. The person or either of his parents was a citizen of Independent India.

6. The person is registered as an Overseas Citizen of India Cardholder.

According to the new regulations, applicants for Indian citizenship may need to provide two unique documents. An affidavit sworn by an Indian citizen must attest to the applicant's character. The applicant must sufficiently understand one of the languages specified in the Eighth Schedule of the Constitution.

A person who meets the requirements for naturalisation under the terms of the Third Schedule submits an application in Form VIIIA for the grant of citizenship by naturalisation. This application comprises:

1. an affidavit verifying the correctness of the statements made in the application, along with an affidavit from an Indian citizen testifying to 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.

The rules said those who can speak or read or write that language will be considered to have adequate knowledge.

The person should also carry a declaration saying the citizenship of his country shall stand renounced irrevocably in the event of his application being approved.

Procedure as per the CAA rules (source: Hindustan Times)

• An application for registration or naturalisation under Section 6B shall be submitted by the applicant in electronic form to the Empowered Committee through the District Level Committee, as may be notified by the Central Government.

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

• 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 the verification of documents to the Empowered Committee.

• 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.”.

• 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.

• On being satisfied after making such an inquiry as it considers necessary for ascertaining the suitability of the applicant that he is a fit and proper person to be registered or naturalised, as the case may be, the Empowered Committee may grant him the citizenship of India.”

The new rule and the previous amendment allow refugees without documentation from these surrounding countries to receive assistance. However, this is a simple explanation of the process, and as the experts jump into explaining the matter, it will be more transparent over time.