CITIZENSHIP

THE CITIZENSHIP AMENDMENT ACT, 2019

NATIONAL REGISTER OF CITIZENS (NRC) NATIONAL POPULATION REGISTER (NPR) CITIZENSHIP

● In India, we have the provision of Single Citizenship i.e., Citizenship of India. The Concept of dual citizenship (i.e., citizenship of the country as well as citizenship of the state) does not apply in our Country. We are citizens of India and not citizens of (Bihar, Maharashtra, Tamil Naidu and Kerala etc). In the USA, the system of Dual Citizenship applies. The citizens of the USA are the citizens of the USA as well as the citizens of their respective States.

● The subject of Citizenship comes under the Union List. Only the Indian parliament has the power to make laws regarding citizenship. Some of the Fundamental Rights such as Right to Equality (Article 14), Right to Life & Freedom (Article 21), Right to Freedom of Religion (Article 25 to 28) are also available to Foreigners (non-citizens) in our country.

● Along with the Constitution of India, The Indian Citizenship Act, 1955 is an exhaustive law relating to citizenship in India.

● Pravasi Bhartiya Diwas (Non Resident Indian Day) - In India 9th January is celebrated as the Pravasi Bhartiya Diwas to mark the contribution of the overseas Indian Community to the development of India. On 9th January 1915, Mahatma Gandhi returned to India (Bombay) from South Africa.

● NRI (Non Resident Indian) is a citizen of India who holds an Indian Passport and has temporarily emigrated to another Country for Six or more months for employment, residence, education, service or for any other purpose.

● Person of Indian Origin (POI) is a person of Indian origin but is not a citizen of India, rather is a citizen of another country.

● Universal Adult Franchise: Universal Adult Franchise applies in India. It means every Indian citizen has the right to vote after attaining the age of 18 years irrespective of their religion, caste, community, place of birth, language, economic status, education, etc. Right to vote is a Constitutional Right available under Article 326 of the Indian Constitution.

● Right to contest in elections is a statutory right awarded by our parliament.

Ways to acquire Indian Citizenship

Any person can acquire the Indian Citizenship through the following ways:

(1) By Birth - Law of Soil (Jus Soli) - Any baby born in the Territory of India can become an Indian Citizen by Birth.

(2) By Descent – Law of Blood (Jus Sanguine) - Any baby born outside the Territory of India but if either of the parent of the baby is an Indian citizen, then the baby can become Indian Citizen by Descent.

(3) By Registration:

(a) A Person of Indian origin after residing in India for 7 years or more can apply for Indian Citizenship by Registration.

(b) Any foreigner after marrying an Indian Citizen and after residing in India for seven years or more can apply for Indian Citizenship by Registration.

(c) Minor Children of Indian Citizens born outside the Indian Territory can be granted Indian Citizenship by Registration.

(4) Naturalisation – Individuals who are not illegal immigrants can acquire Indian citizenship by Naturalisation after residing in India for 12 years. However, after the passing of CAA 2019, the duration of residency for citizenship through naturalisation for Hindus, Sikhs, Buddhists, Jains, Parsis (Zoriastrian) & Christians facing religious persecution in Pakistan, Afghanistan & Bangladesh has been reduced to 5 years.

This act amends the Citizenship Act of 1955 to give Indian Citizenship to illegal migrants who are Hindu, Sikhs, Buddhists, Jains, Parsis & Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31st December, 2014. It also seeks to relax the requirement of residence in India for citizenship by naturalisation from 12 years to 5 years for these migrants. The Act excludes Muslims from such eligibility.

(5) By Incorporation of Territories - All the residents of a foreign territory after its merger with the Indian Union are awarded the Indian Citizenship. However, India does not allow dual nationality or Citizenship so after acquiring Indian citizenship, they have to renounce their previous citizenship.

Termination of Indian Citizenship

(i) By Renunciation: If any Indian Voluntarily wants to give up their Indian Citizenship to acquire the citizenship of another Country then their Indian Citizenship will be terminated.

(ii) By Termination: It is by an operation of law when an Indian citizen illegally acquires the Citizenship of another Country.

(iii) By Deprivation: It is the Compulsory termination of the Citizenship of India if it is obtained through false means by Registration or Naturalisation.

The Union Home Ministry decides the issues of Citizenship.

THE CITIZENSHIP AMENDMENT ACT, 2019

The Citizenship Amendment Bill, 2019 was first introduced in Lok Sabha by the Home Minister Amit Shah. After it was passed in both the houses and after getting the assent of the President on 12th December 2019, this bill assumed the status of an Act and become the Citizenship Amendment Act, 2019.

This act amended The Citizenship Act of 1955 to grant Indian Citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis & Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31st December, 2014. It also seeks to relax the requirement of residence in India for citizenship by naturalisation from 12 years to 5 years for these migrants. The Act excludes Muslims from such eligibility.

There was widespread political opposition and protests in North East India. Their chief concern is that the demography of the North East will change with the influx of migrants from Bangladesh. The US Commission on International Religious Freedom criticised the bill and called for sanctions against Amit Shah and other principal leadership. The Indian National Congress criticised the bill stating that it would lead to Communal tension and that it would polarize India. The Indian Union Muslim League filed a petition in the Supreme Court to declare the bill illegal. Some critics believe it legalises religious discrimination.

Amit Shah argued that a 20% decline in religious minority population of both Bangladesh and Pakistan necessitated such an enactment and that Indian Muslim Community will not be affected by this act. This act does not violate Article 14 as reasonable classification can be made by the Union Government. Lakhs & Crores of people would benefit from the bill. The Bill is in line with India’s centuries old ethos of assimilation and Humanitarian values. This bill does not snatch the Indian citizenship of any person but awards Indian Citizenship to non- Indians.

The Union Government notified the implementation of the Citizenship Amendment Act, 2019 on 11th March, 2024.

The Opposition leaders have accused the BJP-led Central Government that it implemented CAA just before the Lok Sabha election 2024 to use this as a political weapon to increase their vote share in the elections through sharpening communal polarization.

NATIONAL REGISTER OF CITIZENS (NRC)

NRC is a register of all Indian citizens to be created as per the 2003 amendment of the Indian Citizenship Act, 1955. The Citizenship Amendment Act, 2003 amended the Indian Citizenship Act, 1955 and added the following provisions: -

(i) Issue of national identity cards

(ii) Preparation of NRC

Its purpose is to list all the legal citizens of India so that the illegal immigrants can be identified and deported. For this purpose, Identity Cards will be issued to all the Indian citizens. The final updated NRC for Assam published on 31 August 2019 spotted 19 Lakh persons out of the population of 3.3 Crore as illegal Migrants. It has been implemented in Assam starting 2013-14. On 19 November 2019, Home Minister Amit Shah declared that NRC would be implemented throughout the country.

Various Muslim organizations have been protesting against NRC, with the fear that upcoming compilation of NRC would be used by the Modi Government to deprive Muslims of Indian Citizenship.

NATIONAL POPULATION REGISTER (NPR)

National Population Register is a list of all the people residing in India, which includes both citizens & non-citizens. NPR is the first step towards the creation of NRC by verifying the citizenship status of every usual resident. The Resident of a local living in India for at least six months with plans to continue their residence for another six months or more are included in the list of NPR. Every resident of India is required to register in NPR.

NRC can be created by using the data of NPR. The local officials would decide if the person’s name will be added to NRC or not, thereby deciding his citizenship status. The Indian government will use this list to mark people as doubtful citizens after which they would be asked to prove their citizenship.

Various opposition groups, especially Muslims have been opposing the exercise of NPR. The states not ruled by BJP too have various objections regarding NPR. The Government of Kerala & West Bengal have already put the process on a temporary hold. Other opposition ruling state governments have objected to the inclusion of some questions in process of NPR. For Example – Questions like “When and where your parents were born”, “What is your mother tongue”, “Where were you living in the past”, etc. Some state Governments are suspicious about the intent of the Central Government. The plea of the Union government is that the answers to all such questions are not mandatory but voluntary and nobody is going to be forced to answer these questions.

The NPR will be a plinth for building a National Register of citizens (NRC).

According to the Union Government, updating the NPR database is necessary for better policy framing, preventing leakages and ensuring that those who need help are identified easily. NPR indeed has been used by some states who are today opposing NPR. NPR database was built in 2010 and updated in 2015.

NPR database was built in Assam in 2019 as per the 1985 Assam Accord. 1.9 million were prima facie rendered non-citizens or aliens. Those left out, however, can challenge the decision before a tribunal and then before the appropriate court.