Lawstreet Journal

“CAA Violates 1985 Assam Accords,” Says Another Petition Filed In SC Challenging CAA

Lawstreet Journal 17 Jan 2020 6:31pm

Image courtesy: Lawstreet Journal Judiciary “CAA Violates 1985 Assam Accords,” Says Another Petition Filed In SC Challenging CAA

Another petition was filed today (January 17, 2020) challenging the validity of the Citizenship Amendment Act, 2019 (CAA) before the Supreme Court of India. The petitioners in the case are Professor Apurba Baruah and two other members of the Sushta Samaj Bikash Chakra who argue that Section 6a of CAA has shifted the 1971 cut-off date to 2014 which is violative of the 1985 Assam accords.

To give basic idea to the readers, Section 5 of the Citizenship Act, 1955 provides for citizenship by registration. Section 6 provides for citizenship by naturalisation. As per Section 6 read with the Third Schedule given in the act, any person of full age and capacity, if qualified in accordance with the Schedule, can acquire Indian citizenship by naturalisation if, interalia, he is a person who has resided in India or has worked with the Central Government or partly the one and partly the other for a period of twelve months prior to submission of application for naturalisation (as provided for in Clause (c) of the third schedule) and he is a person who has resided in India or has worked with the Central Government or partly the one and partly the other for a period of eleven years in the fourteen years immediately preceding to the said twelve months (as provided in Clause (d) of the third schedule. This is the position prior to the CAA.

Illegal migrants were expressly excluded by Sections 5 and 6 from acquiring citizenship by either registration or naturalisation. “Illegal migrant” has been defined in Section… Continue Reading...


Tagged: Citizenship Amendment Act  
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