The Section of the Citizens Act that is being sought to be amended is
enclosed. As the new article says, Abdul Muhib Mazumdar wants to amend this
article in light of the supreme court's judgement on the IMDT Act. It will be
interesting to read his proposed amendment.
Supreme Court's judgement on the IMDT Act follows.
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Section 3 of the Citizenship Act, 1955 as amended on 2003.
Citizenship by Birth.
(I) Except as provided in sub-section (2), every person born in India –
(a) on or after the 26th day of January, 1950, but before the 1st day of
July,
1987:
(b) on or after the 1st day of July, 1987, but before the commencement of
the
Citizenship (Amendment) Act, 2003, and either whose parents is a citizen of
India at the time of his birth;
(c) on or after the commencement of the Citizenship( amendment ) Act, 2003,
where –
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is no an
illegal
immigrant at the time of this birth,
shall be a citizen of India by birth.
(2) A person shall not be a citizen of India by virtue of this section if at
the time of this birth –
(a) either his father or mother possesses such immunity from suits and
legal
processes as is accorded to an envoy of a foreign sovereign power accredited
to the President of India and he or she, as the case may be, is not a citizen
of India; or
(b) his father or mother is an enemy alien and the birth occurs in a
place
under the occupation of the enemy.
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