PETITIONER:

The result of the Citizenship Amendment Bill will be that it will defeat the purpose of the NRC.The Assam Accord
states that illegal migrants from Bangladesh be removed from the State but the Amendment Bill provides at doing
just the opposite thing. The Amendment Bill provides legitimacy to the Illegal migrants from Bangladesh.

5. Citizenship by registration.—1[
(1) Subject to the provisions of this section and such other conditions and restrictions as may be
prescribed, the Central Government may, on an application made in this behalf, register as a citizen
of India any person not being an illegal migrant who is not already such citizen by virtue of the
Constitution or of any other provision of this Act

6. Citizenship by naturalisation.—
(1) Where an application is made in the prescribed manner by any person of full age and capacity
1[not being an illegal migrant] for the grant of a certificate of naturalisation to him, the Central
Government may, if satisfied that the applicant is qualified for naturalisation under the provisions of
the Third Schedule, grant to him a certificate of naturalisation:
The absolute power that is guaranteed to the Central Government by these provisions raises thorny
issues regarding the observance of principles of natural justice. For instance, the Central Government
acting as an appellate authority reviewing its own orders potentially allows for bias to creep in, bias that
will be unchecked since the Government’s decision is final. Additionally, orders furnished without
reasons militate against the principle of fairness, and allow potential arbitrariness to go unchecked. That
the provisions of the Citizenship Act, in general, subvert principles of natural justice was an issue raised
by a litigant in the Bombay High Court.57 The litigant was challenging the lack of provisions for pre-
decisional hearings and orders rendered without reasons. Examining the provisions of the Citizenship
Act leads to the realization that the only redress a person has in cases where his or her citizenship
registration is cancelled is the filing of an application for review after the decision of cancellation is
taken (The Citizenship Act, 1955, Sec 15). Thus, orders of cancellation, in the first instance, are passed
without affording the concerned party an opportunity to be heard (The Citizenship Amendment Act,
2003, Sec 7D). The bench that heard the case surmised that legislative intent was to be given deference,
which is to say that where the Parliament provides for the observance of principles of natural justice in a
statute, they are to be followed. However, the legislature may in cases requiring expedient action waive
these requirements. The bench further observed that in cases where legislative provisions explicitly
exclude principles of natural justice in matters concerning national security or sovereignty, it was
advisable that the Court exercise judicial restraint in reviewing administrative decisions taken as per
these provisions.

How will a person who has illegally crossed the border prove that he crossed the border on a particular date
*** CHANGE Section 6A of the Citizenship (Amendment) Act, 1985 violates Article 29(1). It is most
humbly submitted before this Hon’ble Court that Section 6A of the Citizenship (Amendment) Act, 1985
violates Article 29(1) of the Constitution of South Kingondom. Article 29(1) is not subjected to any
reasonable restrictions. The right conferred upon the citizens to conserve their language, Script and
culture is made absolute by the Constitution. In the instant case, there has been a violation of the
minority rights of the original inhabitants of Jangasam who have been limited to a minority in their own
state and their cultural survival was in jeopardy, their political control was weakened and their
employment opportunities were undermined infringing Fundamental Right under Article 29(1) which
talks about conservation of culture of minorities. Hence, The petitioner has filed the present writ
petition asking for a writ in the nature of Certiorari or any other appropriate writ(s), order(s) or
direction(s) declaring Section 6A of the Citizenship Act, 1955 as discriminatory, arbitrary and illegal and
consequently striking down the impugned provision as ultra-vires the Constitution of South Kingondom.

***In their petition, they have raised a plea that the sovereignty and integrity of South Kingondom is
itself at stake as a massive influx of illegal migrants from a neighbouring country has affected this core
Constitutional value. By the influx of illegal migrants from the neighbouring countries, the right to
shelter, employment and the protection of the cultural values of original inhabitants is in jeopardy
causing them to become a minority in their own Home state. Thus, there has been a gross infringement
of Fundamental Rights guaranteed under Article 14, 21 and 29(1).

ISSUE 3:

the provision under Section 3(1)(c) puts strict limitations on execution of the doctrine of jus soli, by necessitating
that for conferral of citizenship at birth at least one parent of such a child should be an Indian citizen as long as the
other parent is not an illegal migrant. The scope of this definition has the potential to create statelessness by
operation of law, because even if one parent of a child may be an illegal migrant, such a child is deprived of right to
automatically acquire the nationality through the other parent (whether by birth or by descent).