For this purpose the Central Government or an authority specified by it, shall grant the certificate of registration or certificate of naturalisation subject to such conditions, restrictions and manner as may be prescribed. The Citizenship Amendment Act (CAA) is expected to benefit persecuted immigrants from Pakistan, Afghanistan and Bangladesh who belong to the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities. Even as the Citizenship (Amendment) Act came into force in January, it seems that the home ministry has not framed the rules to be implemented under the law. Since there is no specific provision in the Act at present to provide an opportunity of being heard to the Overseas Citizen of India Cardholder before cancellation of the Overseas Citizen of India Card under section 7D, it is proposed to provide the opportunity of being heard to the Overseas Citizen of India Cardholder before the cancellation of the Overseas Citizen of India Card.2.
Presently, there is no specific provision in section 7D of the Act to cancel the registration of Overseas Citizen of India Cardholder who violates any provisions of the Act or any other law for the time being in force. This went on to become an Act. Under the existing provisions of the Act, migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered into India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian citizenship under section 5 or section 6 of the Act.6.
But the Citizenship (Amendment) Bill, 2019 added one more ground of the cancellation i.e.if the OCI has violated any law that is in force in the country.However, some people are arguing that this amendment is a violation of Article 14 of the Constitution as it opposes discrimination with anyone based only on caste, religion, sex, and place, etc. The Citizenship (Amendment) Act, 2019, after it received Presidential Assent on December 12, 2019, can be accessed here: The Citizenship (Amendment) Act, 2019 [PDF 645 KB] Source: Ministry of Law and Justice, Government of India Note: The Statement of Objects and Reasons is part of the Bill which was introduced in the Lok Sabha and can be accessed here. The competent authority, to be prescribed under the Act, shall not take into account any proceedings initiated against such persons regarding their status as illegal migrant or their citizenship matter while considering their application under section 5 or section 6 of the Act, if they fulfil all the conditions for grant of citizenship.10. It is also proposed to amend the said section 7D so as to empower the Central Government to cancel registration as Overseas Citizen of India Cardholder in case of violation of any provisions of the Act or any other law for the time being in force.3.
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