The Citizenship Amendment Bill (CAB), 2019 : CAB Assam You should Know

The Citizenship Amendment Bill (CAB), 2019 : CAB Assam You should Know

The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. Correcting the Constitution of India is the way toward making changes to the country's central law or preeminent law. The system of revision in the constitution is set down in Part XX (Article 368) of the Constitution of India. This method guarantees the sacredness of the Constitution of India and keeps a beware of self-assertive intensity of the Parliament of India.

Amendment Bill (CAB)

In any case, there is another impediment forced on the revising intensity of the constitution of India, which created during clashes between the Supreme Court and Parliament, where Parliament needs to practice optional utilization of capacity to change the constitution while the Supreme Court needs to confine that power. This has prompted the setting down of different precepts or rules as to checking the legitimacy/legitimateness of a change, the most acclaimed among them is the Basic structure tenet as set somewhere around the Supreme Court on account of Kesavananda Bharati v. Province of Kerala.

Thousands have been challenging the giving of Indian citizenship to Hindu outsiders as hearing for the Citizenship (Amendment) Bill, 2016, started yesterday, saying it would undermine the presence of the indigenous individuals of Assam.

The Joint Parliamentary Committee (JPC) on the Citizenship (Amendment) Bill, 2016, started its hearing in Assam yesterday. Dissenters, in the interim, accept the move will make Assam a "dumping ground for Hindu Bangladeshis".


In 2016, a Bill was introduced to amend the Citizenship Act, 1955.  The Bill sought to make illegal migrants belonging to these six religions and three countries eligible for citizenship and made some changes in the provisions on registration of Overseas Citizens of India (OCI) cardholdersPresented. on July 19 in the Lok Sabha, the Citizenship Amendment Bill 2016 tries to permit illicit vagrants from certain minority networks in Afghanistan, Bangladesh and Pakistan qualified for Indian citizenship. At the end of the day, it changes the Citizenship Act of 1955.


The Citizenship Amendment Bill looks to permit unlawful vagrants having a place with the Hindu, Sikh, Buddhist, Jain, Parsi or Christian strict networks originating from Afghanistan, Bangladesh or Pakistan to not be detained or ousted.

It additionally requests for the base long periods of residency in India to apply for citizenship to be diminished from at any rate 11 to six years for such vagrants.

Second, with respect to classification based on religious persecution of certain minorities in Pakistan, Afghanistan and Bangladesh, it may be argued that there are other religious minorities in these countries, who face religious persecution and may have illegally migrated to India.  For example, over the years, there have been reports of persecution of Ahmadiyya Muslims in Pakistan (who are considered non-Muslims in that country), and the murder of atheists in Bangladesh. It is unclear why illegal migrants from only six specified religious minorities have been included in the Bill.

The Bill, be that as it may, doesn't reach out to unlawful Muslim vagrants. It likewise doesn't discuss other minority networks in the three neighboring nations, for example, Jews, Bahais and so on..


The Citizenship Amendment Bill has not been agreeing with the Assamese as it repudiates the Assam Accord of 1985, which unmistakably expresses that illicit transients heading in from Bangladesh after March 25, 1971, would be extradited.


Under the Citizenship Act of 1955, outsiders who come into India without substantial travel archives, or remain in the nation past their visa period, are viewed as unlawful vagrants.

Throughout the years, certain special cases have been made to this law. In September 2015, illicit vagrants having a place with minority networks in Afghanistan, Bangladesh or Pakistan and coming to India at the latest December 31, 2014, were permitted to remain.

This enabled the unlawful vagrants to remain in India without being detained or extradited. This exemption was looked for again in July this year.


Anyone who is conceived in India, has an Indian parent, or has lived in India for more than 11 years, is qualified for Indian citizenship. At present, unlawful transients to don't fit this class.


The Bill likewise tries to drop the enrollment of Overseas Citizen of India (OCI) cardholders on the off chance that they damage any law.

Fundamental Rights

The most important and frequent reason for amendments to the Constitution is the curtailment of the Fundamental Rights charter. This is achieved by inserting laws contrary to the fundamental rights provisions into Schedule 9 of the Constitution. Schedule 9 protects such laws from judicial review. The typical areas of restriction include laws relating to property rights, and affirmative action in favour of minority groups such as the "scheduled castes", "scheduled tribes", and other "backward classes" and also lower classes people.

In a landmark ruling in January 2007, a nine judge constitutional bench of the Supreme Court of India confirmed that all laws (including those in Schedule 9) would be open to judicial review if they violate the "basic structure of the constitution". Chief Justice Yogesh Kumar Sabharwal noted, "If laws put in the Ninth Schedule abridge or abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to be invalidated".

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