On March 11, 2024, the Central Government by virtue of the powers conferred by section 18 of The Citizenship Act, 1955 notified the rules which set the The Citizenship (Amendment) Act, 2019 in action. These rules are known as The Citizenship (Amendment) Rules, 2024 and the rules came into force on the same day.
The Citizenship (Amendment) Act, 2019 amends the provisions of The Citizenship Act, 1955.
The Citizenship (Amendment) Act, 2019, excludes any person, belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered India on or before the 31st day of December 2014 and who has been exempted by the Central Government under The Passport (Entry into India) Act, 1920 or from the application of the provisions of The Foreigners Act, 1946 or any rule or order made under said Acts, from the purview of the term “illegal migrant”. These rules empower aforementioned person to apply for citizenship in India.
As per section 6B of The Citizenship Act, 1955, The Central Government or an authority specified by it in this behalf may, subject to prescriptions of Central Government, on an application grant a certificate of registration or certificate of naturalisation to the applicant. Such applicant shall be deemed to be a citizen of India from the date of his entry into India.
Who can apply for citizenship?
The Rule 10A endows how to file an Application for grant of citizenship by registration or naturalisation by eligible persons.
The said rule encompasses all the mandatory conditions and exceptions for those making the application. Specific conditions are to be fulfilled by persons of Indian origin, person who is married to a citizen of India, minor child of a person who is a citizen of India, person whose parents are registered as citizens of India, person whose parents (either) was a citizen of Independent India and a person who is registered as an Overseas Citizen of India cardholder.
The Citizenship (Amendment) Rules, 2024 in its schedule also prescribes the format in which the application has to be submitted by the applicant in various forms. The Rule mandates an affidavit a format specified in Schedule IC along with the copy of any one of the documents from each Schedule IA and Schedule IB.
The application from a person for grant of citizenship by naturalisation must be supported by 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 and 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 applicant will be deemed to have adequate knowledge of the concerned language if he can speak or read or write that language.
Authority to which application may be made?
Rule 11A of The Citizenship (Amendment) Rules, 2024, deals with the authority to which the application to be made for acquiring the citizenship.
The application shall be submitted “in electronic form” to the “Empowered Committee” through the “District Level Committee” as may be notified by the Central Government. An acknowledgement shall be generated electronically upon submission of application. The “Designated Officer” after the due scrutiny of the documents shall administer to the applicant the oath of allegiance and sign the oath of allegiance and forward the same in electronic form along with confirmation regarding verification of documents to the Empowered Committee. Failing to appear in person for administering the oath shall cause the refusal to grant the application
Under rule 13A The Empowered Committee may scrutinise the application for grant of citizenship to ensure that the application is complete in all respects and that the applicant is eligible for granting citizenship. On being satisfied that applicant 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.
Further the order S.O. 1231(E) dated March 11, 2024 specifies the constitution of “Empowered committee” and “District Level Committee” as follows.
Empowered Committee in the States or Union Territories, which shall be headed by the Director (Census Operations) of the State or Union Territory concerned and shall consist of following officers as members, namely: –
- an officer in the Subsidiary Intelligence Bureau not below the rank of Deputy Secretary to the Government of India;
- jurisdictional Foreigners Regional Registration Officer concerned;
- the State Informatics Officer of National Informatics Centre of the State or Union Territory concerned; and
- Post Master General of the State or Union Territory concerned or a Postal Officer nominated by the Post Master General not below the rank of Deputy Secretary to the Government of India;
The following officers shall be the invitees of the Empowered Committee, namely:-
- a representative from the office of Principal Secretary (Home) or Additional Chief Secretary (Home) of the State Government or Union Territory concerned; and
- a representative of the jurisdictional Divisional Railway Manager of Railways;
District Level Committee which shall be headed by the jurisdictional Senior Superintendent or Superintendent of Post who shall be the Designated Officer; and shall consist of the following as members, namely:-
- District Informatics Officer or District Informatics Assistant of the District concerned; and
- nominee of the Central Government;
The following officers shall be invitees of the District Level Committee, namely: –
- a representative not below the rank of Naib Tehsildar or equivalent from the Office of District Collector; and
- jurisdictional Station Master of Railways (subject to availability)
