"Discovery of India through
Constituent Assembly Debates"
Initiative of Adv S P Singh Rajawat
Citizenship Amendments 2019 -Facts and
Myths
|
Sr No
|
Issue
|
Answer
|
1.
|
Will
amendments affect the
citizenship of all people of India ?
|
No
|
2.
|
Will affect the citizenship of
minorities of India?
|
No
|
3.
|
Will affect the citizenship
of majorities of India?
|
No
|
4.
|
Is this a policy decision ?
|
Yes
|
5.
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Can any Sovereign State can take such decision?
|
Yes
|
6.
|
Does it violate Article 14 of
Constitution Of India ?
|
No
|
7.
|
Does intelligible differentia
permit such classification ?
|
Yes
|
8.
|
Does this policy decision
signify the failure of 3 states- Pakistan , Afghanistan and Bangladesh on the issue of discrimination on the sole
basis of religion
|
Yes
|
9.
|
That this bill is about
religious persecution of minorities Hindu, Sikh, Buddhist, Jain, Parsi
or Christian. It is unthinkable for
Muslims to be persecuted in Islamic countries on the ground of practice of
Islam where they are in the majority.
|
Yes
|
10.
|
566 Muslims have been granted
Indian citizenship from 2014 to 2019 by the current government.
|
Yes
|
11.
|
Is India the only natural
home land for Hindus
|
Yes
|
12.
|
Is this policy continuity of
ancient foreign policy of India for providing asylum on account of religious
persecution
|
Yes
|
13.
|
Does this new provision allow
cancellation of OCI registration if the person has violated any law notified
by the Central government
|
Yes
|
14.
|
Does The Citizenship
(Amendment) Bill exempts certain areas in the North-East from this provision
|
Yes
|
15.
|
Will Arunachal Pradesh,
Nagaland and Mizoram along with almost whole of Meghalaya and parts of Assam
and Tripura would stay out of the purview of the Citizenship Amendment
|
Yes
|
16.
|
Article 5 of Constitution of
India is general policy
|
Yes
|
17.
|
Article 6 of Constitution of
India is result of Partition of India
|
Yes
|
18.
|
Article 7 of Constitution of
India is result of Partition of India
|
Yes
|
19.
|
Article 10 of Constitution of
India is about Continuance of Indian
Citizenship
|
Yes
|
20.
|
Art 11of Constitution of
India empowers Parliament on
Citizenship law
|
Yes
|
21.
|
That The Citizenship Act of
1955 was enacted by the parliament under Article 11 of the constitution
|
Yes
|
22.
|
That any Hindu not citizen of
any country be deemed as Citizen of India was proposed during the Constituent
Assembly Debates(CAD)
|
Yes
|
23.
|
That there were three permits
at the time of making of the Constitution of India (CAD)
|
Yes
|
24.
|
First -purely temporary
|
Yes
|
25.
|
Second-not entitle a person
to settle but entitles applicant to repeatedly come o business
|
Yes
|
26.
|
Third- permanent return to
India and settle in India
|
Yes
|
27.
|
That international law
permits such classification
|
Yes
|
28.
|
That domicile and citizenship are two inter
related things
|
Yes
|
29.
|
That United India includes
the geographical area of India, Afghanistan and Bangladesh
|
Yes
|
30.
|
That Liaquat-Nehru pact failed to achieve its objectives in
protecting minorities in Pakistan
|
Yes
|
31.
|
That the Citizenship policy
at the commencement of the constitution was criticized on the grounds of
appeasement of Muslims which included narrow and western idea of
secularism (CAD)
|
Yes
|
32.
|
That Liaquat-Nehru pact is “a
bill of rights for minority communities” of both countries and is also known
as the Delhi pact.
|
Yes
|
33.
|
That An illegal
migrant is a foreigner who enters the country without valid travel documents,
like a passport and visa, or enters with valid documents, but stays beyond
the permitted time period.
|
Yes
|
34.
|
That governments in the past
have made exceptions by acts of parliament, under Article 11 of the
constitution, to grant citizenship to such migrants. Grant of citizenship to
over 150,000 Tamil migrants from Sri Lanka in 1974, by Rajiv Gandhi
government, is one such example.
|
Yes
|
35.
|
That Assam accord
where cut-off date was 25 March 1971 but now that date will shift to 31
December 2014
|
Yes
|
36.
|
That The other states of
North East, including Sikkim, are also opposing the bill for various reasons.
Despite most of their areas being under Inner Line Permit (ILP) where
outsiders have to register and seek a permit to enter the states, most of
them still have a lot of apprehensions.
|
Yes
|
37.
|
That While Muslims and
Christians can bank on scores of countries across the world, as far as
Hindus, Sikhs and Jains are concerned, they only have India to fall back on
|
Yes
|
38.
|
That
Christians have been included since, in the three countries that are included
in CAB, most would-be converts from Hindus or other local religions.
Interestingly Muslims Christians appear to be included here as there are no
exceptions.
|
Yes
|
39.
|
That Buddhists have been
included since India is the birthplace of this religion
|
Yes
|
40.
|
Inclusion of Parsis is not surprising since India is their
nation after they took shelter here when they were persecuted to near
extinction in Iran around seventh century AD.
|
Yes
|
41
|
That Given the critical
state of things in the state of Jammu & Kashmir today, perhaps the
government could have chosen a better time for its introduction and
implementation.
|
Yes
|
42
|
That It would have made
no difference if the bill had come up in the parliament after another six
months
|
|
43
|
That the agitation is due to political propaganda
|
Yes
|
44
|
That the protestors are reading the amendments of 2016
|
Yes
|
45
|
That the amend 2019 incorporated the select committee 2016
recommendations
|
Yes
|
46
|
That amend 2019 are not applicable to 6 schedule , constitution of
India
|
Yes
|
47
|
That amend 2019 is guided by the procedure , failing which the
applications can be rejected
|
Yes
|
48
|
That amend 2019 respect Assam Accord
|
Yes
|
49
|
That amend 2019 affects the citizenship application of non mentioned
categories
|
No
|
50
|
Can other non mentioned categories still apply for citizenship in
India
|
Yes
|
51
|
Nothing of amed 2019 shall
apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in
the Sixth Schedule to the Constitution and the area covered under "The
Inner Line" notified under the Bengal Eastern Frontier Regulation,
1873.'.
|
Yes
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Amazingly informative
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