Citizenship of India: Laws & CAA 2019

Citizenship of India: Laws & CAA 2019

Citizenship of India

Uniform Citizenship in India

• The Constitution of India provides for a single and uniform citizenship for the whole of India.

Citizenship at the Commencement of the Constitution

Citizenship of India was granted to every person who was domiciled in the territory of India at the commencement of the Constitution and who was:

• Born in the territory of India or

• Either of whose parents was born in the territory of India or

• Who had been ordinarily residing in the territory of India for not less than five years immediately preceding the commencement of the Constitution.

Rights of Indian Citizens

Indian citizens have the following rights under the Constitution:

• Some of the Fundamental Rights enumerated in Part III of the Constitution, e.g., Articles 15, 16, 19, 29, 30.

• Only citizens are eligible for offices of the President, Vice-President, Judge of the Supreme Court or a High Court, Attorney-General, Governor of a State, Member of a leg, etc.

• Only citizens have the right to vote.

• Enemy aliens are not entitled to the benefit of the procedural provisions in clauses (1)-(2) of Article 22 relating to arrest and detention.

The Citizenship Act, 1955

Acquisition of Indian Citizenship

The Citizenship Act 1955 provides for the acquisition of Indian citizenship in the following ways:

• Generally, every person born in India on or after January 1950 shall be a citizen of India if either of his parents was a citizen of India at the time of his birth.

• A person who was outside India on or after 26 January 1950  shall be a citizen of India by descent if his father was a citizen of India at the time of that person's birth.

• A person can apply for and get registered as a citizen of India by the competent authoritsatisfyatisfies the conditions laid down.

• A person residing in India for more than 7 years and having adequate knowledge of a constitutionally recognized Indian language can seek citizenship by naturalisation, provided he is not a citizen of a country where Indian citizens are prevented from becoming citizens by naturalisation.

• If any new territory becomes a part of India, the people of the territory become citizens of India.

Loss of Citizenship of India

Citizenship of India may be lost by:

• Renunciation of citizenship.

• Termination of citizenship, if a citizen of India voluntarily acquires the citizenship of another country.

• Deprivation of citizenship by the Government of India.

Citizenship Amendment Act (CAA), 2019

Passing of the Bill

The Citizenship Amendment Bi, ll, 2019 has been passed by the Parliament, with the Rajya Sabha approving it on December 11, 2019. 125 members supported the legislation while 105 opposed it. The house also negated the amendments by opposition parties while approving the Bill.

The Bill was passed by the Lok Sabha on December 9, 2019; 311 members voted in its favor and 80 members opposed it.

Amendments to the Citizenship Act, 1955

The Bill amends the Citizenship Act,1955, to make illegal migrants of six communities from Afghanistan,  Bangladesh, and Pakistan eligible for Indian citizenship.

The communities are Hindus, Sikhs, Buddhists, Jains, and Christians. The Bill seeks to relax the requirement of residence in India for citizenship by naturalisation from 11 years to 5 years for persons belonging to the same six religions and three countries.

Exceptions and Provisions

These provisions of the Bill will not apply to the tribal areas of Assam, Meghalaya, Mizoram, Ripuarapura included in the Sixth Schedule of the Const, as well as the areas regulated through the Inner Line Permit regime, which includes Arunachal Pradesh, Mizoram, and Nagaland.

• The inclusion of Manithe Pur in the Inner Line permit was also announced on December 10, 2019.

• Only those migrants from the aforesaid countries will be eligible for Indian citizenship who entered India on or before December 31, 2014.

• The President accorded his assent to the bill on December 12, 2019. CAB now becomes CAA (Citizenship Amendment Act).

Amend the provision

• Vision of giving citizenship baon oon basis on citizenshipshipthe of the mother was introduced in 1992 (Indian Citizenship Amendment Act, 1992).

Final Thoughts

The citizenship framework in India reflects the nation’s commitment to a unified and inclusive identity for all its people. By defining clear rules for acquisition, rights, and loss of citizenship, the Constitution and the Citizenship Act, 1955, ensure both clarity and stability.

Over the years, amendments like the CAA 2019 have brought in changes to address historical and humanitarian concerns. At the same time, these laws safeguard national interests while granting individuals essential rights and freedoms.

Understanding citizenship provisions helps people recognize their rights, duties, and responsibilities as part of a diverse democratic nation.