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The Citizenship Act, 1955 was amended 6 times in 1986, 1992, 2003, 2005, 2015 and 2019. The attribution of a person, as an Indian citizen, is governed by Articles 5 to 11 (Part II) of the Constitution of India. The 1955 Act was intended to fast-track rights to citizenship for six persecuted minority communities - Hindus, Parsis, Sikhs, Buddhists, Jains, and Christians - who have been to India on or before December 31, 2014, from Afghanistan and Bangladesh, where there is a Muslim majority. , and Pakistan.
The Law came into effect on 10 January when the Ministry of Home Affairs announced the adoption of a notice in the Official Gazette. The Act received the assent of President Ram Nath Kovind on December 12.
This article explains what the Citizenship Amendment Act is. How many times has the Citizenship Act been changed? We will also discuss the original Citizenship Act and the current federally proposed amendments and analyze the bill about the Indian Constitution.
The Citizenship Act, of 1955 was created to regulate the acquisition and determination of Indian citizenship. The granting of an individual as an Indian citizen is governed by Articles 5 to 11 of the Indian Constitution. By this law, Indian citizenship is conferred by birth, descent, registration, naturalization, and incorporation of territories in India.
The Act also applies to registration and benefits granted to foreign citizens of India. Since its inception, the CAA Act has been amended several times. The amendments recently proposed by the Federal Secretary of the Interior introduce a few fundamental changes to the original law.
The law states that one can become an Indian citizen if one is born in India, is of Indian descent, or resides in India for a certain period. However, illegal immigrants are barred from obtaining Indian citizenship.
An illegal immigrant is an alien who:
(i) enter the country without valid travel documents such as a passport or visa;
Illegal immigrants may be detained or deported under the Foreigners Act, of 1946 and the Passports (Entry into India) Act, of 1920. The 1946 Act and the 1920 Act give the Central Government powers to regulate the entry, exit, and residence of foreigners in India.
Due to legislative changes, being born in India is no longer sufficient to obtain Indian citizenship. At birth, one of the parents must be an Indian citizen for the person to be an Indian citizen.
The law stipulates that any person born on or after 26 January 1950 but before the date of entry into force of the law must be an Indian citizen if the father is Indian at the time of birth. After the enactment of the law, a person is Indian if either parent is Indian. Also, replace references to "male person" with "person"
The Act was passed by the Parliament in December 2003 and received presidential assent in January 2004. It is labelled "Act 6 of 2004". The Act amended the Citizenship Act of 1955 and introduced and defined the concept of an "illegal immigrant" who could be imprisoned or deported.
The Citizenship Amendment Act of 2019 was preceded by another amendment in 2016. The Citizenship Act defines an illegal immigrant as a foreigner who enters India without a valid passport and documents or stays beyond the permitted time. According to the newly proposed amendments to Law
A), Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan are not considered illegal immigrants.
B) Persons exempted by the Central Government from the provisions of the Passports (Entry into India) Act 1920 and the Aliens Act 1946 shall not be considered illegal immigrants.
C) This bill makes an exception to grant citizenship with neutrality to immigrants from the above municipalities. Individuals from these communities can apply for citizenship after six years. (The previous requirement was to complete his 11 years before such an application.)
This CAA India Amendment will bring relief and grant citizenship to minorities living in the above countries. For example, Chakma and hajong are from Bangladesh. These two communities in Bangladesh were displaced due to the construction of the Kaptai Dam. These two communities have been refugees for 65 years.
CAA Amendment Bill grants Indian citizenship to such refugees. Citizenship provides them with the life and liberty of Indian citizenship and various basic rights.
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