Section 6 in The Citizenship (Amendment) Act, 2019
6. Amendment of Third Schedule.
- In the Third Schedule to the principal Act, in clause
specified territory', within the meaning of Section 6-A (1) (c) of
the Citizenship Act, 1955, (ii) whether reference by the Referral Authority could ... received from the Registering Authority
made under sub-section (3) of Section 6-A of the Citizenship Act, 1955. Further, as
defined in the Citizenship
section (2) of Section 10 . According to clause (a) of sub-section (2) of
Section 10 , such deprivation can be, if the applicant obtained citizenship ... Section 10 (3) .
Sub-section (6) has to be read in consonance with other sub sections,
and the scheme of deprivation. Provision in Section
Citizenship by birth'; Section 4 talks of 'Citizenship by descent'; Section 5 provides 'Citizenship by registration' and Section 6 deals ... renunciate citizenship and Section 9 talks of termination of citizenship. Section 10 talks of 'Deprivation of citizenship' in certain cases. Section 13 makes
foreigner on
his failure to establish his status of citizenship under Section 6 A of the Citizenship Act. The
Tribunal had held that the petitioner ... they
are Indian Citizen by birth or not under Section 6 A of the Citizenship Act, 1955."
It is most pertinent to state that
petitioner stood
crystallized by the provision of Section 6 A (4) of the Citizenship Act, 1955, which is as under:
(4) A person registered under ... said period of ten years.
4. A reading of Section 6-A (4) of the Citizenship Act, 1955 shows that a person upon
being registered
petitioner.
7. By carrying out an amendment in the Citizenship Act, 1955 , Section 6(A) was inserted with
effect from 07/12/1985 ... special provision as to citizenship of persons as per the Assam accord. As
per Section 6(A) , all persons of Indian origin who came before
precisely what ha s happened in the present case. Section 6 A (4)
of the Citizenship Act, 1955 provides that a foreigner, who had illegally ... Page No.# 6/15
prior to 16.07.2013 and had not been registered under Sub Section (3) of Section 6 A
of the Citizenship
reproduce
sub-section (3) to Section 6A of the Citizenship Act which reads as
under:
“6A. Special provisions as to citizenship of persons
covered ... received on such reference.”
Sub-Section (3) to Section 6A states that subject to the
provisions of sub-section (6) and (7), all persons
Vivek Harivyasi vs Serious Fraud Investigation Office on 13 November, 2019
Author: Rajbir Sehrawat
Bench