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Provisions in the Citizenship (Amendment) Act, 2019 for CLAT - Practice Questions & MCQ
Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT
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Read the passage and answer the questions that follow.
The Constitution makers were aware of the history of the country and they were also conscious that the divisive forces of regionalism, linguism, and communalism might one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever-present danger of the imperialist forces adopting new stratagems, apparently innocuous, but calculated to destabilize India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognizes only Indian citizenship: it does not recognize the citizenship of any State forming part of the Union. Then follow Articles 14 and 15 which are intended to strike against discrimination and arbitrariness in state action, whether legislative or administrative. Article 19 (1) again recognizes the essential unity and integrity of the nation and reinforces the concept of one nation by providing in clauses (d) and (e) that every citizen shall have the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. Article 301 declares that subject to the other provisions of Part XIII, trade, commerce, and intercourse throughout the territory of India shall be free. Then there are situations envisaged in certain Articles of the Constitution such as Articles 353 and 356 where the executive power of a State forming part of the Union is exercisable by the Central Government or subject to the directions of the Central Government. Thus, the entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining, and preserving the unity and integrity of the nation.
Question: X, a Parsi of Afghani origin came to India on 29th December 2014 without a passport through international waters. He was doing business in India but the government in 2020 declared him as an illegal immigrant and wanted to deport him under The Passport (Entry into India) Act, 1920. Decide.
Read the passage and answer the questions that follow.
The Constitution makers were aware of the history of the country and they were also conscious that the divisive forces of regionalism, linguism, and communalism might one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever-present danger of the imperialist forces adopting new stratagems, apparently innocuous, but calculated to destabilize India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognizes only Indian citizenship: it does not recognize the citizenship of any State forming part of the Union. Then follow Articles 14 and 15 which are intended to strike against discrimination and arbitrariness in state action, whether legislative or administrative. Article 19 (1) again recognizes the essential unity and integrity of the nation and reinforces the concept of one nation by providing in clauses (d) and (e) that every citizen shall have the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. Article 301 declares that subject to the other provisions of Part XIII, trade, commerce, and intercourse throughout the territory of India shall be free. Then there are situations envisaged in certain Articles of the Constitution such as Articles 353 and 356 where the executive power of a State forming part of the Union is exercisable by the Central Government or subject to the directions of the Central Government. Thus, the entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining, and preserving the unity and integrity of the nation.
Question: The State has passed a new law that prohibits foreigners visiting India from posting images of certain areas on their social media accounts for the duration of their stay in India. George is a foreign tourist who is quite intrigued by one such restricted area and uploads it. The post is seen by the authorities and he is asked to remove it if he wants to avoid strict action against him. George feels that it violates his right to freedom of speech and expression and challenges it in a court of law. Choose the best option for George's petition:
What is the primary focus of the Citizenship Amendment Act (CAA) 2019?
Concepts Covered - 1
Provisions in the Citizenship (Amendment) Act, 2019
Definition of Illegal Immigrants:
- The CAA introduced changes to the definition of illegal immigrants in the Citizenship Act of 1955. It distinguishes between illegal immigrants based on their country of origin and religion.
Religious Criteria:
- One of the most contentious aspects of the CAA is the introduction of a religious criterion for granting Indian citizenship.
- It offers a fast-track path to citizenship for specific religious groups from neighboring countries based on their religion.
Eligible Religious Groups:
- The CAA primarily benefits individuals belonging to specific religious minorities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who faced religious persecution in Afghanistan, Bangladesh, and Pakistan. These individuals must have arrived in India before December 31, 2014, to be eligible.
- Example: A Christian family from Pakistan who arrived in India before December 31, 2014, due to religious persecution would be eligible to seek Indian citizenship under the CAA.
Exemption from Legal Proceedings:
- One of the significant advantages of the CAA for eligible individuals is that it provides immunity from being treated as illegal immigrants. They are protected from detention or deportation due to their prior illegal status.
- Example: A Sikh individual who had been residing in India without proper documentation but falls under the eligibility criteria of the CAA would no longer be considered an illegal immigrant and would be shielded from detention or deportation.
Naturalization Period:
- The CAA reduces the naturalization period for acquiring Indian citizenship for eligible religious minority immigrants from these countries. Under normal circumstances, one would need to reside in India continuously for 11 years to become eligible for naturalization. However, the CAA reduces this period to 5 years for those falling within its scope.
- Example: An eligible Hindu refugee from Bangladesh who has been living in India continuously for five years can apply for Indian citizenship through the naturalization process.
Examples:
- Hindu Refugee from Pakistan: Ramesh, a Hindu refugee who fled religious persecution in Pakistan, arrived in India in 2010. Under the CAA, he can apply for Indian citizenship after residing continuously in India for five years.
- Sikh Refugee from Afghanistan: Simran, a Sikh refugee who escaped religious persecution in Afghanistan, came to India in 2012. The CAA allows her to seek Indian citizenship after five years of continuous residence in India.
Context and Controversy:
- The CAA has been a subject of significant controversy and protests in India. Critics argue that the Act raises concerns about discrimination based on religion, as it selectively provides benefits to certain religious groups while excluding others.
- Legal challenges have been raised in various courts, including the Supreme Court of India, regarding the constitutionality and fairness of the CAA. The debates center on whether it aligns with the principles of equality and non-discrimination enshrined in the Indian Constitution.
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