Constitution And Citizenship

MEANING AND SIGNIFICANCE

● Like any other modern state, India has two kinds of people–citizens and aliens. Citizens
are full members of the Indian State and owe allegiance to it. They enjoy all civil and
political rights.
● Aliens, on the other hand, are the citizens of some other state and hence, do not enjoy
all the civil and political rights.They are of two categories–friendly aliens or enemy
aliens.
● Friendly aliens are the subjects of those countries that have cordial relations with India.
Enemy aliens, on the other hand, are the subjects of that country that is at war with
India.They enjoy lesser rights than the friendly aliens, eg, they do not enjoy protection
against arrest and detention (Article 22).
● The Constitution confers the following rights and privileges on the citizens of India (and
denies the same to aliens):
● Right against discrimination on grounds of religion, race, caste, sex or place of birth
(Article 15).
● Right to equality of opportunity in the matter of public employment (Article 16).
● Right to freedom of speech and expression, assembly, association, movement, residence
and profession (Article 19).
● Cultural and educational rights (Articles 29 and 30).
● Right to vote in elections to the Lok Sabha and state legislative assembly.
● Right to contest for the membership of the Parliament and the state legislature.
● Eligibility to hold certain public offices, that is, President of India, Vice-President of India,
judges of the Supreme Court and the high courts, Governor of states, Attorney General
of India and Advocate General of states.
● Along with the above rights, the citizens also owe certain duties towards the Indian
State, as for example, paying taxes, respecting the national flag and national anthem,
defending the country and so on.
● In India both a citizen by birth as well as a naturalised citizen are eligible for the office of
President while in the USA, only a citizen by birth and not a naturalised citizen is eligible
for the office of President.
CONSTITUTIONAL PROVISIONS

● The Constitution deals with the citizenship fromArticles 5 to 11 under Part II. However, it
contains neither any permanent nor any elaborate provisions in this regard. It only
identifies the persons who became citizens of India at its commencement (i.e., on
January 26, 1950).It does not deal with the problem of acquisition or loss of citizenship
subsequent to its commencement.
● It empowers the Parliament to enact a law to provide for such matters and any other
matter relating to citizenship. Accordingly, the Parliament has enacted the Citizenship
Act (1955), which has been amended from time to time.
● According to the Constitution, the following four categories of persons became the
citizens of India at its commencement i.e., onJanuary 26, 1950:
● A person who had his domicile in Indiaand also fulfilled any one of the three conditions,
viz., if he was born in India; or if either of his parents was born in India; or if he has been
ordinarily resident in India for five years immediately before the commencement of the
Constitution, became a citizen of India.
● A person who migrated to India from Pakistan became an Indian citizen if he or either of
his parents or any of his grandparents was born in undivided India and also fulfilled any
one of the two conditions viz., in case he migrated to India before July 19, 1948 , he had
been ordinarily resident in India since the date of his migration; or in case he migrated to
India on or after July 19, 1948, he had been registered as a citizen of India.
● But, a person could be registered only if he had been resident in India for six months
preceding the date of his application for registration.
● A person who migrated to Pakistan from India after March 1, 1947, but later returned to
India for resettlement could become an Indian citizen. For this, he had to be resident in
India for six months preceding the date of his application for registration.
● A person who, or any of whose parents or grandparents, was born in undivided India but
who is ordinarily residing outside India shall become an Indian citizen if he has been
registered as a citizen of India by the diplomatic or consular representative of India in
the country of his residence, whether before or after the commencement of the
Constitution. Thus, this provision covers the overseas Indians who may want to acquire
Indian citizenship.
● To sum up, these provisions deal with the citizenship of(a) persons domiciled in India; (b)
persons migrated from Pakistan; (c) persons migrated to Pakistan but later returned; and
(d) persons of Indian origin residing outside India.
 Article5-11
● Article 5: It provided for citizenship on commencement of the Constitution.
● Article 6: It provided rights of citizenship of certain persons who have migrated to India
from Pakistan.
● Article 7: Provided Rights of citizenship of certain migrants to Pakistan.
● Article 8: Provided Rights of citizenship of certain persons of Indian origin residing
outside India.
● Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign
State will no longer be a citizen of India.
● Article10: It says that every person who is or is deemed to be a citizen of India under
any of the foregoing provisions of this Part shall, subject to the provisions of any law
that may be made by Parliament, continue to be such citizen.
● Article 11: It empowers Parliament to make any provision with respect to the
acquisition and termination of citizenship and all matters relating to it.

The other constitutional provisions with respect to the citizenship are as follows:

● No person shall be a citizen of India or be deemed to be a citizen of India, if he has

voluntarily acquired the citizenship of any foreign state.
● Every person who is or is deemed to be a citizen of India shall continue to be such
citizen, subject to the provisions of any law made by Parliament.
● Parliament shall have the power to make any provision with respect to the acquisition
and termination of citizenship and all other matters relating to citizenship.

CITIZENSHIP ACT, 1955

● The Citizenship Act (1955) provides for acquisition and loss of citizenship after the
commencement of the Constitution. Originally, the Citizenship Act (1955) also provided
for Commonwealth Citizenship. But, this provision was repealed by the Citizenship
(Amendment) Act, 2003.
● The Actprohibits illegal migrants from acquiring Indian citizenship. It defines an illegal
immigrant as a foreigner: (i) who enters India without a valid passport or travel
documents, or (ii) stays beyond the permitted time.
 ● Acquisition of Citizenship :The Citizenship Act of 1955 prescribes five ways of acquiring
citizenship, viz, birth, descent, registration, naturalisation and incorporation of territory.

By Birth

● A person born in India on or after January 26, 1950 but before July 1, 1987is a citizen of
India by birth irrespective of the nationality of his parents.
● A person born in India on or after July 1, 1987is considered as a citizen of India only if
either of his parents is a citizen of India at the time of his birth.
● Further, those born in India on or after December 3, 2004 are considered citizens of
India only if both of their parents are citizens of India or one of whose parents is a citizen
of India and the other is not an illegal migrant at the time of their birth.
● The children of foreign diplomats posted in India and enemy aliens cannot acquire
Indian citizenship by birth.

By Descent

● A person born outside Indiaon or after January 26, 1950 but before December 10, 1992is
a citizen of India by descent, if his father was a citizen of India at the time of his birth.
● A person born outside Indiaon or after December 10, 1992 is considered as a citizen of
India if either of his parents is a citizen of India at the time of his birth.
● December 3, 2004 onwards, a person born outside India shall not be a citizen of India by
descent, unless his birth is registered at an Indian consulate within one year of the date
of birth or with the permission of the Central Government, after the expiry of the said
period. An application, for registration of the birth of a minor child, to an Indian
consulate shall be accompanied by an undertaking in writing from the parents of such
minor child that he or she does not hold the passport of another country.
● Further, a minor who is a citizen of India by virtue of descent and is also a citizen of any
other country shall cease to be a citizen of India if he does not renounce the citizenship
or nationality of another country within six months of his attaining full age.

By Registration

The Central Government may, on an application, register as a citizen of India any person (not
being an illegal migrant) if he belongs to any of the following categories, namely:-

● a person of Indian origin who is ordinarily resident in India for seven years before making
an application for registration;
● a person of Indian origin who is ordinarily resident in any country or place outside
undivided India;
 ● a person who is married to a citizen of India and is ordinarily resident in India for seven
years before making an application for registration;
● minor children of persons who are citizens of India;
● a person of full age and capacity whose parents are registered as citizens of India;
● a person of full age and capacity who, or either of his parents, was earlier citizen of
independent India, and is ordinarily resident in India for twelve months immediately
before making an application for registration;
● a person of full age and capacity who has been registered as an overseas citizen of India
cardholder for five years, and who is ordinarily resident in India for twelve months
before making an application for registration.
● A person shall be deemed to be of Indian origin if he, or either of his parents, was born
in undivided India or in such other territory which became part of India after August 15,
1947.
● All the above categories of persons must take an oath of allegiance before they are
registered as citizens of India

By Naturalisation

The Central Government may, on an application, grant a certificate of naturalisation to any

person (not being an illegal migrant) if he possesses the following qualifications:

● that he is not a subject or citizen of any country where citizens of India are prevented
from becoming subjects or citizens of that country by naturalisation;
● that, if he is a citizen of any country, he undertakes to renounce the citizenship of that
country in the event of his application for Indian citizenship being accepted;
● that he has either resided in India or been in the service of a Government in India or
partly the one and partly the other, throughout the period of twelve months
immediately preceding the date of the application;
● that during the fourteen years immediately preceding the said period of twelve months,
he has either resided in India or been in the service of a Government in India, or partly
the one and partly the other, for periods amounting in the aggregate to not less than
eleven years;
● that he is of good character;
● that he has an adequate knowledge of a language specified in the Eighth Schedule to the
Constitution ; and
● that in the event of a certificate of naturalisation being granted to him, he intends to
reside in India, or to enter into or continue in, service under a Government in India or
under an international organisation of which India is a member or under a society,
company or body of persons established in India.
 ● However, the Government of India may waive all or any of the above conditions for
naturalisation in the case of a person who has rendered distinguished service to the
science, philosophy, art, literature, world peace or human progress. Every naturalised
citizen must take an oath of allegiance to the Constitution of India.

By Incorporation of Territory

If any foreign territory becomes a part of India, the Government of India specifies the persons
who among the people of the territory shall be the citizens of India. Such persons become
citizens of India from the notified date. For example, when Pondicherry became a part of India,
the Government of India issued the Citizenship (Pondicherry) Order (1962), under the
Citizenship Act (1955). Special Provisions as to Citizenship of Persons Covered by the Assam
Accord.The Citizenship (Amendment) Act, 1985, added the following special provisions as to
citizenship of persons covered by theAssam Accord(which related to the foreigners’ issue)

● All persons of Indian origin who came to Assam before January 1, 1966 from Bangladesh
and who have been ordinarily residents in Assam since the date of their entry into
Assam shall be deemed to be citizens of India as from January 1, 1966.
● Every person of Indian origin who came to Assam on or after January 1, 1966 but before
March 25, 1971 from Bangladesh and who has been ordinarily resident in Assam since
the date of his entry into Assam and who has been detected to be a foreigner shall
register himself. Such a registered person shall be deemed to be a citizen of India for all
purposes as from the date of expiry of a period of ten years from the date of detection
as a foreigner. But, in the intervening period of ten years, he shall have the same rights
and obligations as a citizen of India, excepting the right to vote.

Loss of Citizenship

The Citizenship Act (1955) prescribes three ways of losing citizenship whether acquired under
the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation.

1. By Renunciation

● Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship. Upon the registration of that declaration, that person ceases to be a citizen
of India. However, if such a declaration is made during a war in which India is engaged,
its registration shall be withheld by the Central Government.
● Further, when a person renounces his Indian citizenship, every minor child of that
person also loses Indian citizenship. However, when such a child attains the age of
eighteen, he may resume Indian citizenship.
2. By Termination

When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence
or compulsion)acquires the citizenship of another country, his Indian citizenship automatically
terminates. This provision, however, does not apply during a war in which India is engaged.

3. By Deprivation

It is a compulsory termination of Indian citizenship by the Central government, if:

● the citizen has obtained the citizenship by fraud:

● the citizen has shown disloyalty to the Constitution of India:
● the citizen has unlawfully traded or communicated with the enemy during a war;
● the citizen has, within five years after registration or naturalisation, been imprisoned in
any country for two years; and
● the citizen has been ordinarily resident out of India for seven years continuously.

SINGLE CITIZENSHIP

● Though the Indian Constitution is federal and envisages a dual polity (Centre and states),
it provides for only a single citizenship, that is, the Indian citizenship. The citizens in India
owe allegiance only to the Union.
● There is no separate state citizenship. The other federal states like the USA and
Switzerland, on the other hand, adopted the system of double citizenship.
● In the USA, each person is not only a citizen of the USA but also of the particular state to
which he belongs. Thus, he owes allegiance to both and enjoys dual sets of rights–one
set conferred by the national government and another by the state government.
● This system creates the problem of discrimination, that is, a state may discriminate in
favour of its citizens in matters like right to vote, right to hold public offices, right to
practice professions and so on. This problem is avoided in the system of single
citizenship prevalent in India.
● In India, all citizens irrespective of the state in which they are born or reside enjoy the
same political and civil rights of citizenship all over the country and no discrimination is
made between them. However, this general rule of absence of discrimination is subject
to some exceptions, viz,
● The Parliament (under Article 16) can prescribe residence within a state or union
territory as a condition for certain employment or appointments in that state or union
territory, or local authority or other authority within that state or union territory.
● Accordingly, the Parliament enacted the Public Employment (Requirement as to
Residence) Act, 1957, and thereby authorised the Government of India to prescribe
 residential qualification only for appointment to non-Gazetted posts in Andhra Pradesh,
Himachal Pradesh, Manipur and Tripura. As this Act expired in 1974, there is no such
provision for any state except Andhra Pradesh and Telangana.
● The Constitution (under Article 15) prohibits discrimination against any citizen on
grounds of religion, race, caste, sex or place of birth and not on the ground of residence.
This means that the state can provide special benefits or give preference to its residents
in matters that do not come within the purview of the rights given by the Constitution to
the Indian citizens.For example, a state may offer concession in fees for education to its
residents.
● The freedom of movement and residence (under Article 19) is subjected to the
protection of interests of any scheduled tribe. In other words, the right of outsiders to
enter, reside and settle in tribal areas is restricted. Of course, this is done to protect the
distinctive culture, language, customs and manners of scheduled tribes and to safeguard
their traditional vocation and property against exploitation.

Till 2019, the legislature of the erstwhile state of Jammu and Kashmir was empowered to:

● define the persons who are permanent residents of the state; and
● confer any special rights and privileges on such permanent residents as respects
● employment under the state government;
● acquisition of immovable property in the state;
● settlement in the state; and
● right to scholarships and such other forms of aid provided by the government.
● The above provision was based onArticle 35-Aof the Constitution of India. This Article
was inserted in the constitution by“The Constitution (Application to Jammu and
Kashmir) Order, 1954”. This order was issued by the President under Article 370 of the
Constitution which had provided a special status to the erstwhile state of Jammu and
Kashmir.
● In 2019, this special status was abolished by a new presidential order known as“The
Constitution (Application to Jammu and Kashmir) Order, 2019”. This order superseded
the earlier 1954 order.

OVERSEAS CITIZENSHIP OF INDIA

● The Citizenship (Amendment) Act, 2003, made provision for acquisition of Overseas
Citizenship of India (OCI) by the PIOs of 16 specified countries other than Pakistan and
Bangladesh. It also omitted all provisions recognizing, or relating to the Commonwealth
Citizenship from the Principal Act.
● Later, the Citizenship (Amendment) Act, 2005, expanded the scope of grant of OCI for
PIOs of all countries except Pakistan and Bangladesh as long as their home countries all
had dual citizenship under their local laws.
● It must be noted here that the OCI is not actually a dual citizenship as the Indian
Constitution forbids dual citizenship or dual nationality (Article 9).
● Again, the Citizenship (Amendment) Act, 2015, has modified the provisions pertaining to
the OCI in the Principal Act. It has introduced a new scheme called “Overseas Citizen of
India Cardholder” by merging the PIO card scheme and the OCI card scheme.
● The PIO card scheme was introduced on August 19, 2002 and thereafter the OCI card
scheme was introduced w.e.f. December 2, 2005.
● Both the schemes were running in parallel even though the OCI card scheme had
become more popular. This was causing unnecessary confusion in the minds of
applicants. Keeping in view some problems being faced by applicants and to provide
enhanced facilities to them, the Government of India decided to formulate one single
scheme after merging the PIO and OCI schemes, containing positive attributes of both.
● Hence, for achieving this objective, the Citizenship (Amendment) Act, 2015, was
enacted. The PIO scheme was rescinded w.e.f. January 9, 2015 and it was also notified
that all existing PIO card holders shall be deemed to be OCI cardholders w.e.f. January 9,
2015.
● The Citizenship (Amendment) Act, 2015, replaced the nomenclature of “Overseas Citizen
of India” with that of “Overseas Citizen of India Cardholder”.
● The Overseas Citizenship of India (OCI) is an immigration status permitting a foreign
citizen of Indian origin to live and work in the Republic of India indefinitely.
● The OCI was introduced in response to demands for dual citizenship by the Indian
diaspora, particularly in developed countries. It was introduced by The Citizenship
(Amendment) Act, 2005 in August 2005.It was launched during the Pravasi Bharatiya
Divas convention held in Hyderabad in late 2005.
● The Constitution of India prevents Indian citizens from holding dual citizenship. As such
the OCI is not the actual citizenship of India according to Indian law as it has many
limitations such as no right to vote, no right to hold constitutional offices, and no right to
buy agricultural properties. The United Kingdom's government, however, considers OCI
as dual nationality.
● To apply for and use an OCI document, a holder must be a citizen of and hold a passport
of another country, except that of Pakistan or Bangladesh. Furthermore, the holder must
not have parents from either of those two nations. In May 2019 the Indian Home
Ministry contemplated permitting Bangladesh citizens to apply for the OCI registration.
Bangladesh will likely be eligible in the future, but tensions with Pakistan as a nation still
remain.
Eligibility

The Government of India, on application, may register any person as an Overseas Citizen of
India, if the person:

● was a citizen of India on 26 January 1950 or at any time thereafter; or

● belonged to a territory that became part of India after 15 August 1947; or
● was eligible to become a citizen of India on 26 January 1950; or
● is a child or a grandchild or a great-grandchild of such a citizen; or
● is a minor child of such persons mentioned above; or
● is a minor child and whose both parents are citizens of India or one of the parents is a
citizen of India; or
● is a spouse of foreign origin of a citizen of India or spouse of foreign origin of an
Overseas Citizen of India Cardholder registered under section 7A of the Citizenship Act,
1955 and whose marriage has been registered and subsisted for a continuous period of
not less than two years immediately preceding the presentation of the application
● No person, who or either of whose parents or grandparents or great grandparents is or
had been a citizen of Pakistan & Bangladesh, is eligible for registration as an Overseas
Citizen of India. Persons who served as a member of any foreign military are also
ineligible to receive an OCI card.

Privileges and restrictions

● Multiple entry, multi-purpose lifelong visa free to visit India. Lifelong denotes to 100
years from the date of birth
● Exemption from reporting to Police authorities for any length of stay in India
● Parity with NRIs in financial, economic and educational fields except in the acquisition of
agricultural or plantation properties.

Overseas citizens of India are not citizens of India from a constitutional point of view and will
not enjoy the following rights even if resident in India:

● they do not have the right to vote,

● they do not have the right to hold the offices of Prime Minister, President,
Vice-President, Judge of Supreme Court and High Court, member of Lok Sabha, Rajya
Sabha, Legislative Assembly, or Council.
● they do not have the right to any public services (government jobs).
● they do not have the right to invest in farmland (agricultural property). However, they
can still inherit farmland.
NATIONAL REGISTER OF CITIZENS (NRC)

● Assam has published the final draft of the updatedNational Register of Citizens (NRC).
● Assam’s demographic changes date back to the 19th century when the British brought in
tribal labourers from Chota Nagpur and Bihar to work on the plantations. This also
encouraged the migration of Muslim farmers from Bengal which continued after
Independence and partition.
● To tackle the illegal immigration issue just after the independence, NRC was first
prepared after the Census of 1951. But this process rendered ineffective due to vote
bank politics.
● In 1979, agitation was started byAll Assam student Unionfor illegal migrant deportation
which culminated in signing ofAssam Accord in 1985.
● The Citizenship Act of 1955was amended after the Assam Accord for all Indian-origin
people who came from Bangladesh beforeJanuary 1, 1966to be deemed as citizens.
Those who came betweenJanuary 1, 1966 and March 25, 1971were eligible for
citizenship after registering and living in the State for 10 years while those entering
afterMarch 25, 1971, were to be deported. However, nothing much happened over the
decades.
● In 2014, the Supreme Court asked the state government to update the 1951 NRC in a
time bound manner. Present exercise is being conducted under the supervision of the
Supreme Court.

CITIZENSHIP AMENDMENT BILL

Provisions of the Bill

● Definition of Illegal Migrants: The Bill amends theCitizenship Act, 1955to provide
that‘persecuted’ non Muslim minorities (Hindu, Sikh, Buddhist, Jain, Parsi & Christian
communities) from Pakistan, Afghanistan and Bangladesh, who have arrived in India on
or before December 31, 2014 & living in India without valid travel documents to obtain
Indian citizenship, will not be treated as illegal migrants. However, to get this benefit,
they must also be exempted from provisions of thePassport (Entry into India) Act, 1920,
and theForeigners Act, 1946by the central government
● Citizenship by naturalization: The amendment reduces the aggregate period of
residential qualification for acquiring citizenship by naturalization form 11 years to 6
years, along with continuous stay for last 12 months.
● Cancellation of registration of Overseas Citizens of India (OCIs): Bill adds one more
provision for cancellation of registration of OCIs for violation of any law in the country.
How will the amendment benefit ‘persecuted’ minorities?

● The Bill is said to be addressing religious discriminationcommitted during the partition.

Also, in the aftermath of partitionreligious minorities faced widespread discrimination,
particularly inMuslim majority countries.
● The Bill is said to benefit many people by allowing them to take up self-employment, buy
property, open bank accounts and get driving licences, PAN card and Aadhaar. For
example, it will be of immense benefit to communities like Chakmas and Hajongs of
Bangladesh.

Opposition to the Bill

● Religious Discrimination: The Bill providesdifferential treatmentto illegal migrants on

thebasis of their religion, which mayviolate Article 14of the Constitution guaranteeing
equality to all persons, citizens and foreigners.
● Another issue with listing out non-Muslim minorities is that itexcludes various
persecuted minoritiesfor exampleRohingyas of Myanmar and Ahamadiya in Pakistan.
● Choice of countries: Many have questioned the rationale for adding Afghanistan with
countries like Bangladesh and Pakistan, which were a part of India in the
pre-independence era and reasons for leaving out other neighbouring countries like Sri
Lanka, Myanmar etc.
● In conflict with other government initiatives: like National Register of Citizens (NRC) and
Assam Accord 1985.On one hand NRC and the Assam Accord marks the line of eligibility
for Indian citizenship in (March) 1971, the bill marks the eligibility line at (December)
2014, thus enlarging the scope and number of people who can be eligible for Indian
citizenship.
● It also goes against the spirit of Clause 6 of the Assam Accord, which requires the
government to provide safeguards to protect the culture & socio-linguistic identity of the
Assamese people.
● Threat to local demography: The local community fears that the prospect of citizenship
will encourage migration from Bangladesh And might lead to ‘outsiders’ dominating
indigenous population.
● Rise of religious sub-nationalist politics: The Bill has divided the residents of Assam in
Brahmaputra Valley (majority of Muslim settlements & mostly anti-Bill) and Barak Valley
(Hindu Bengali settlements & pro-Bill).Until now, the sub-nationalist narrative of the
North-East focused on opposition to the “foreigners” to preserve ethno-linguistic
identities.
 ● Wide ground for cancelling OCI registration: It grants the central government wide
discretion to cancel OCI registration, even for minor offences like violation of a traffic
law(such as parking in a no parking zone or jumping a red light).

Steps taken by the Centre to address concerns of indigenous groups

● High level committee to operationalize Clause 6 of the Assam Accord:The Committee will
define the “Assamese people '' eligible for the proposed safeguards, which includes
reservation of seats in Assembly & local bodies, reservation in government jobs, land
ownership rights, etc. It would also examine the effectiveness of actions since 1985 to
implement Clause 6.
● Scheduled Tribes Status: It has announced the proposal toaccord Scheduled Tribe
statusto six major communities(Koch Rajbongshi, Tai Ahom, Chutia, Matak, Moran and
Tea Tribes) that are currently classified as OBC.The ST status could turn Assam, with a
34% Muslim population, into a tribal State with a majority of seats reserved.
● Distribution of immigrants: The Center has promised that the regularized immigrants
would not be settled in Assam alone, but be distributed among various states.

CITIZENSHIP AMENDMENT ACT

● Citizenship Amendment Act (CAA), 2019 was enacted by the Parliament that seeks to
amend theCitizenship Act, 1955.
● Article 11of Indian constitution empowers Parliament to make any provision with
respect to the acquisition and termination of citizenship and all other matters relating to
citizenship.
● Citizenship (Amendment) Act, 2003provided that ‘illegal migrants’ will not be eligible to
apply for citizenship by either registration or naturalisation. Section 2(1)(b) of Citizenship
Act, 1955 defines illegal migrant as a foreigner who:
● enters the country without valid travel documents, like a passport and visa or
● enters with valid documents, but stays beyond the permitted time period.

However, considering the plight of minorities in these countries, some concessions have been
given in recent times, such as:

● The Foreigners Act, 1946(regulates the entry and departure of foreigners in India)
andthe Passport (Entry into India) Act, 1920 (mandates foreigners to carry passports)
empower the central government to imprison or deport illegal migrants.
● In 2015 and 2016, two notifications were issued by the Central government exempting
certain groups of illegal migrants from provisions of the 1946 and the 1920 Acts. These
 groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan, who arrived in India on or before December 31, 2014.
● This implies that these groups of illegal migrants will not be deported or imprisoned for
being in India without valid documents.
● A Citizenship Amendment Bill was introduced in Parliament in 2016 but the bill got
lapsed.

Key provisions of the Citizenship Amendment Act (CAA), 2019

The amendment provides that illegal migrants who fulfil four conditions will not be treated as
illegal migrants under the Act. The conditions are:

● they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians

● they are from Afghanistan, Bangladesh or Pakistan
● they entered India on or before December 31, 2014
● they are not in certain tribal areas ofAssam, Meghalaya, Mizoram, or Tripuraincluded in
theSixth Schedule to the Constitution, or areas under the “Inner Line” permit, i.e.,
Arunachal Pradesh, Mizoram, and Nagaland.
● These tribal areas includeKarbi Anglong (in Assam),Garo Hills (in Meghalaya),Chakma
District (in Mizoram), and Tripura Tribal Areas District.
● All legal proceedings against the above category of migrants in respect of their illegal
migration or citizenship will be closed.
● The Period of naturalisation has been reduced from 11 years to 5 years for the above
category of migrants.
● The 1955 Act allows a person to apply for citizenship by naturalisation, if the person
meets certain qualifications. One of the qualifications is that the person must have
resided in India or been in central government service for the last 12 months and at least
11 years of the preceding 14 years.
● Grounds for cancelling OCI registration: The amendment provides that the central
government may cancel registration of OCIs, if the OCI has violated Citizenship Act or
any other law so notified by the central government. Also, the cardholder has to be
given an opportunity to be heard.
● The Act provides that the central government may cancel registration of OCIs on five
grounds including registration through fraud, showing disaffection to the Constitution,
engaging with the enemy during war, necessity in the interest of sovereignty of India,
security of state or public interest, or if within five years of registration the OCI has been
sentenced to imprisonment for two years or more.

Arguments in favour of the Amendment Act

 ● Religious persecution- Nehru-Liaquat pact, also known as the Delhi Pact, signed in 1950,
sought to provide certain safeguards and rights to religious minorities like unrecognition
of forced conversions and returning of abducted women and looted property etc.
● However, Afghanistan, Pakistan and Bangladesh have a state religion with discriminatory
blasphemy laws, religious violence and forced conversions which has resulted in religious
persecution of minority groups.
● For instance,in 1951, the Non-Muslim minorities population 23.20% in Bangladesh
which is around 9.6% in 2011.
● Illegal immigration from neighboring countries has been a contentious issue for decades.
E.g. During the 6- year long agitation that started in 1979 in Assam, the protestors
demanded the identification and deportation of all illegal foreigners – predominantly
Bangladeshi immigrants. This act would differentiate between illegal immigrants and
persecuted communities seeking refuge.

Arguments against the Amendment Act

● Classification of countries: It is not clear why migrants from these countries are
differentiated from migrants from other neighboring countries such asSri Lanka
(Buddhism is the state religion) and Myanmar (primacy to Buddhism).Sri Lanka has had a
history of persecution of a linguistic minority in the country,the Tamil Eelam. Myanmar
has had a history of persecution of a religious minority, theRohingya Muslims.
● Classification of minority communities: The amendment simply mentions the6 ‘minority
communities and there is no mention of ‘persecuted minorities’ or ‘religious
persecution.’ So, ideally it should not differentiate between religious persecution and
political persecution.
● Moreover,exclusion of Muslims, Jews and Atheists from CAA is said to be violation of
Article 14 of the constitution.For example:Persecution of co-religionists like Shias,
Hazaras or Ahmadiyya Muslims in Pakistan(who are considered non-Muslims in that
country). The murder of atheists in Bangladesh has also been noticed.
● Classification based on date of entry: CAA also offers differential treatment to migrants
based on their date of entry into India, i.e., whether they entered India before or after
December 31, 2014.
● Against the letter and spirit of Assam Accord: The Assam accord put the date of
detection and deportation of foreigners asMarch 25 1971, whereas, for other states,it
was 1951. CAA extends the cut-off date forNRC from 25th March 1971 to 31st Dec 2014.
● Cancellation of OCI registration: giving the central government the power to prescribe
the list of laws whose violation results in cancellation of OCI registration, may amount to
an excessive delegation of powers by the legislature.
 ● Implication on external relations: The amendment implies that religious persecution of
the Hindu minority in Bangladesh as one of the reasons for the amendment and also
implies that Muslim migrants from Bangladesh will be “thrown out”. This invites trouble
from Bangladesh with bearing on bilateral issues.
● India’s strong commitment to civic nationalism and religious pluralism, have been
important pillars on which India’s strategic partnerships with the US and the West have
been built, which may be imperiled.

Conclusion

● Indian democracy is based on the concept of welfare and secular state and a progressive
constitution where Article 21 provides the Right of a dignified life. So, it becomes a
moral obligation of the state to allay the fears of minority communities, if any. Hence,
the classification done in CAA on the basis of country of origin and religious minorities
can be made more inclusive.
● Moreover, India should enact a refugee law wherein the right to live a life without fear
or confinement can be protected. If the fear is that people may seek permanent asylum,
the UNHCR can work with them officially for their voluntary repatriation, and without
rendering long-term refugees ineligible for applying for citizenship.

Prelims MCQ

Q1.The Citizenship Act, 1955 confers the right to acquire citizenship in India in the following
ways-
1.By Birth
2.By Descent
3.By Registration
4.By Naturalization
5.By incorporation of territory
Select the correct option:
A. 1 and 4 only
B. 1,2 and 4 only
C. 3,4,5 only
D. 1,2,3,4,5
Answer- D
There are five ways in which Indian citizenship can be acquired: birth, descent, registration
,naturalisation and by incorporation of territory. The provisions are listed under the Citizenship
Act, 1955.
By Birth:Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian
citizen irrespective of the nationality of his/her parents.Every person born in India between
01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the
country at the time of his/her birth.Every person born in India on or after 3.12.2004 is a citizen
of the country given both his/her parents are Indians or at least one parent is a citizen and the
other is not an illegal migrant at the time of birth.
By Registration: Citizenship can also be acquired by registration. Some of the mandatory rules
are:A person of Indian origin who has been a resident of India for 7 years before applying for
registration.A person of Indian origin who is a resident of any country outside undivided India.A
person who is married to an Indian citizen and is ordinarily resident for 7 years before applying
for registration.Minor children of persons who are citizens of India.
By Descent: A person born outside India on or after January 26, 1950 is a citizen of India by
descent if his/her father was a citizen of India by birth.A person born outside India on or after
December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of
India by birth.If a person born outside India or or after December 3, 2004 has to acquire
citizenship, his/her parents have to declare that the minor does not hold a passport of another
country and his/her birth is registered at an Indian consulate within one year of birth.
Naturalisation:A person can acquire citizenship by naturalisation if he/she is ordinarily resident
of India for 12 years (throughout 12 months preceding the date of application and 11 years in
the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
Incorporation Of territory: If any foreign territory becomes a part of India, the government of
India specifies the persons who among the people of the territory shall be the citizens of India.

Q2.Which section of Citizenship Act 1955 covers the Termination of Citizenship ?

A. Section 3
B. Section 8
C. Section 9
D. Section 2
Answer- C
Termination of Citizenship is covered in Section 9 of the Citizenship Act, 1955. The Citizenship
Act 1955 prescribes three ways (Renunciation, Termination and Deprivation) in which a person
may lose his citizenship, whether acquired under this Act or prior to it under the Constitution of
India.

Q3. As per Article 5, a person shall be a citizen of India -

 1. If he was born in the territory of India
2. If both of his parents was born in the territory of India
3. If he has been ordinarily resident in the territory of India for not less than seven years
immediately preceding such commencement.
Select the correct option:
A. 1 and 3 only
B. 2 and 3 only
C. 1 only
D. 1,2,3
Answer- C
Article 5 deals with Citizenship at the commencement of the Constitution .Under this, every
person who had his domicile in the territory of India at the commencement of
the Constitution of India, shall be a citizen of India, provided he fulfilled any of the following
three conditions, i.e.-
• If he was born in the territory of India; or
• If either of his parents was born in the territory of India; or
• if he has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement.

Q.4 In which Part of the Constitution of India do we find the provisions relating to citizenship?
A. Part I
B. Part II
C. Part IV
D. Part X
Answer - B
Citizenship is listed in the Union List under the Constitution and thus is under the exclusive
jurisdiction of Parliament.
The Constitution does not define the term ‘citizen’ but details of various categories of persons
who are entitled to citizenship are given in Part 2( Articles 5 to 11).
Unlike other provisions of the Constitution which came into being on January 26,1950,these
articles were enforced on November 26,1949,itself,when the Constitution was adopted.

Q.5 Which among the following is true about Article 9?

A. A person who voluntarily acquires citizenship of any other country is no longer an Indian
citizen
B. Rights of citizenship of certain persons of Indian origin residing outside India.
C. Rights of citizenship of certain persons who have migrated to India from Pakistan
D. Citizenship at the commencement of the Constitution
Answer- A
Article 9 deals with a person who voluntarily acquires citizenship of any other country is no
longer an Indian citizen . An Indian applying for foreign citizenship on any grounds will lose the
Indian citizenship by default.

Q.6 In the context of Overseas Citizens of India (OCI),which of the following statements is not
correct?
A. A foreign national who or either of whose parents or grandparents or great
grandparents is or had been a citizen of Pakistan or Bangladesh, is not eligible for it.
B. An OCI is granted multiple entry visa for a period of ten years only
C. An OCI is allowed to undertake all activities except research work for which special
permission is required.
D. Any foreign national who was eligible to become a citizen of India on 26.01.1950 is
eligible for it.
Answer- B

The Government of India has granted multiple entry visas for an indefinite period Overseas
Citizens of India (OCI).
The government of India launched the Overseas Citizenship of India (OCI) Scheme by amending
the Citizenship Act, 1955 in 2005 .The Government of India discontinued the Person of Indian
Origin (PIO) card L:rm merged it with the OCI card. They do not have the Right to Vote
• An OCI is an immigration status given to a foreign citizen of Indian origin to live and work in
India indefinitely. . Anyone who is applying for an OCI card should hold a valid Passport of
another country .Benefits for OCI cardholders include lifelong Visa to visit India multiple times,
but special permission needed for research work in India. .However, individuals having
parents/grandparents with Pakistani citizenship OR Bangladeshi citizenship cannot apply for
OCI.

Q7. Article 6 relates to-

A. Rights of citizenship of certain persons who have migrated to India from Pakistan.
B. Rights of citizenship of certain migrants to Pakistan.
C. Rights of citizenship of certain persons of Indian origin residing outside India.
D. Citizenship at the commencement of the Constitution.
Answer-A
Article 6 is related to the Rights of citizenship of certain persons who have migrated to India
from Pakistan. As per Article 6- a person who has migrated to the territory of India from
the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of the Constitution of India, if he or either of his parents or any of his
grandparents were born in undivided India as defined in the Government of India Act, 1935.
Apart from this, he should fulfil any of the following two conditions-
• If he migrated before 19th July, 1948- He should have been ordinarily resident in the
territory of India since the date of his migration, or
• If he migrated after 19th July, 1948- He should have been registered as a citizen of India by
the Government of India. However, a person shall be so registered only if he has been
resident in the territory of India for at least six months immediately preceding the date of
his application.
.

Q8 .Which of the following events may lead to the loss of Indian citizenship for an individual?
1. When an Indian citizen voluntarily acquires the citizenship of another country
2. If the citizen has shown disloyalty to the Constitution of India
3. If he is a minor whose parents have renounced Indian citizenship
Select the correct answer using the code given below.
(a) 1 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer-D
The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under
the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation:
● By Renunciation: Any citizen of India of full age and capacity can make a declaration
renouncing his Indian citizenship. Upon the registration of that declaration, that person
ceases to be a citizen of India. However, if such a declaration is made during a war in
which India is engaged, its registration shall be withheld by the Central Government.
Further, when a person renounces his Indian citizenship,every minor child of that person
also loses Indian citizenship. However, when such a child attains the age of eighteen, he
may resume Indian citizenship.
● By Termination: When an Indian citizen voluntarily (consciously, knowingly and without
duress, undue influence or compulsion) acquires the citizenship of another country, his
Indian citizenship automatically terminates. This provision, however, does not apply
during a war in which India is engaged.
● By Deprivation: It is a compulsory termination of Indian citizenship by the Central
government, if:
1. The citizen has obtained citizenship by fraud.
2. The citizen has shown disloyalty to the Constitution of India.
 3. The citizen has unlawfully traded or communicated with the enemy during a war.
4. the citizen has, within five years after registration or naturalisation, been
imprisoned in any country for two years.
5. the citizen has been ordinarily resident out of India for seven years continuously.
Q 9.With reference to the acquisition of Citizenship under the Citizenship Act of 1955, consider
the following statements:
1. The children of foreign diplomats posted in India can acquire Indian citizenship by birth.
2. If any foreign territory becomes a part of India, all the residents of the territory
automatically become the citizens of India.
Which of the statements given above is/are correct
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer-D
● The children of foreign diplomats posted in India and enemy aliens cannot acquire
Indian citizenship by birth.
● If any foreign territory becomes a part of India, the Government of India specifies the
persons who among the people of the territory shall be the citizens of India. Such
persons become the citizens of India from the notified date. For example, when
Pondicherry became a part of India, the Government of India issued the Citizenship
(Pondicherry) Order, 1962, under the Citizenship Act, 1955.
● The Central Government may, on an application, register as a citizen of India any person
(not being an illegal migrant) if he is a person of Indian origin who is ordinarily resident
in India for seven years before making an application for registration. Hence, both the
statements are not correct.

Q 10. The legal status of refugees in India is governed mainly by-

A. 1951 United Nations Refugee Convention on the Status of Refugees, or its 1967 Protocol.
B. The Foreigners Act 1946 and the Citizenship Act 1955.
C. 1948 Genocide Convention.
D. 1948 Genocide Convention.
Answer- B
● India has not signed the 1951 United Nations Refugee Convention on the Status of
Refugees, or its 1967 Protocol. The lack of specific refugee legislation in India has led the
government to adopt an ad hoc approach to different refugee influxes. The status of
 refugees in India is governed mainly by political and administrative decisions rather than
any codified model of conduct. The ad hoc nature of the Government’s approach has led
to varying treatment of different refugee groups. Some groups are granted a full range of
benefits including legal residence and the ability to be legally employed, whilst others
are criminalized and denied access to basic social resources.
● The legal status of refugees in India is governed mainly by the Foreigners Act 1946 and
the Citizenship Act 1955. These Acts do not distinguish refugees and apply to all
non-citizens equally.Under the Acts it is a criminal offence to be without valid travel or
residence documents. These provisions render refugees liable to deportation and
detention.

UPSC Previous Years Mains Questions

1. Two parallel run schemes of the Government viz. The Adhaar Card and NPR, one as voluntary
and the other as compulsory, have led to debates at national levels and also litigations. On
merits, discuss whether or not both schemes need to run concurrently.Analyse the potential of
the schemes to achieve developmental benefits and equitable growth. (2014)

Model Answer
Q. Discuss the issues with NRC in the context of Citizenship?

Answer
NRC is a list of all bona fide Indian citizens of Assam, the only state with such a document.The
NRC is being updated as per the provisions ofThe Citizenship Act, 1955andThe Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003 It will include persons
whose names appear in any of the electoral rolls upto the midnight of 24th March, 1971 or
National Register of Citizens, 1951 and their descendants. The process of verification involved
house-to-house field verification, determination of authenticity of documents, family tree
investigations in order to rule out bogus claims of parenthood, and linkages and separate
hearings for married women.

Benefits of this exercise

● A long-term Solution:Established measures to curb illegal migration from Bangladesh,

such as diplomatic and border management efforts failed to bring any results. The two
main reasons for this are:1) Bangladesh does not recognise any infiltration taking place
 from its territory to India; 2) The porous border between India and Bangladesh hinders
effective border management. Thus, an NRC is being viewed as an alternate and a
far-sighted administrative solution to the menace.
● It will provide a much-needed perspective on the extent of illegal migration that has
taken place into Assam, thus restricting the wild speculations about their actual number
by political parties for their advantage.
● The fear that illegal immigrants will change the demography of state and influence the
politics of the state will also be done away with.
● The publication of an updated NRC is expected to deter future migrants from
Bangladesh from entering Assam illegally as publication of the draft itself has created a
perception that staying in Assam without valid documentation will attract detention/jail
term and deportation.
● The inclusion of the names in the NRC will provide respite to all those Bengali speaking
people in Assam who have been, hitherto, suspected as being Bangladeshis.
● The exercise will help identify illegal immigrants and deport them back to their country
of origin and save resources of the country for legitimate citizens and also reduce
concern for internal security due to illegal migration.

Issues with NRC

● Exclusion: Only 29 million out of 32.9 million applicants have been found eligible to be
included in the register, leaving 4 million out of the final draft.
● Need to produce pre-1971 documents: Given the status of document record in the
country, this is an onerous pre-condition and difficult for many people. Unlike
international conventions on establishing citizenship,the burden of proof rests with the
NRC applicant.
● Misinformation: Ascertaining the authenticity of parental linkages remained a challenge.
Many people were shown by different names in different places which may lead to
duplicity or mistaken exclusion from the list.
● Focus on completion: The emphasis of Supreme Court, the Centre and the Assam
government was on completing exercise without consideration of creating an orderly
mechanism for those aggrieved by exclusion.
● There is also an issue related to D voters. D-voters are those who are disenfranchised by
the government on the account of their alleged lack of proper citizenship credentials
and their inclusion will depend on the decision of the Foreigners Tribunal.
● Concerns of minorities: There are fears that such an exercise could end up targeting
minorities in the country.
● The Citizenship (Amendment) Bill, 2016 which makes Hindu illegal migrants and those
from certain other minority communities in Afghanistan, Bangladesh and Pakistan
 eligible for Indian citizenship further creates apprehensions about alienation of
minorities in the process.
● No specific policy in ascertaining the fate of people: The government has not prepared a
post NRC implementation plan as the possibility of deportation of illegal migrants to
Bangladesh is bleak as the people excluded from the list should be proven citizens of
Bangladesh, and that will require cooperation from that country.
● If they are identified as "illegal" migrants, they will be locked-up in detention camps,
until their deportation. Media reports have been stating that these detention camps are
infamous for their inhumane living conditions.
● Security concerns: Concerns are already being raised as to the security fallout.
● Issue of Statelessness: There are apprehensions that India will end up creating the
newest cohort of stateless people, raising the spectre of a homegrown crisis that will
echo that of the Rohingya people who fled Myanmar for Bangladesh.

Citizenship issues

● One main contention is what will be the citizenship of the children and grandchildren of
illegal immigrants.
● While the citizenship law of the country provides for citizenship by birth irrespective of
the parents’ citizenship, the NRC rules do not recognize it.
● The Citizenship (Amendment) Bill which makes Hindu illegal migrants and those from
certain other minority communities in Afghanistan, Bangladesh and Pakistan eligible for
Indian citizenship further creates apprehensions about alienation of minorities in the
process.
● Issue of D voters: Around2.5 lakh out of the 40 lakh exclusions include D-voters—
doubtful voters, their descendants and people whose cases are pending before the
foreigners’ tribunal in Assam.
● D-voters are those who are disenfranchised by the government on the account of their
alleged lack of proper citizenship credentials and their inclusion will depend on the
decision of the Foreigners Tribunals.

Issues post-release

● Claims and objections: The excluded people could face rejection again if they submit the
same papers a second time.
● Issue of deportation: No state can act on illegal immigration unilaterally. As of now, there
is no any bilateral agreement between India and Bangladesh, which lets the fate of those
finally be excluded hang in air.
 ● Humanitarian concerns: Ignoring the concerns of those who have lived for a long time in
this land will put a dent on democratic social value of the country.

Way Forward

● Regarding finally excluded individuals:They would officially be non-citizens butIndia has

no fixed policy for “stateless” persons. They will surely not have voting rights but certain
facilities on “humanitarian grounds” may be provided to them such as right to work etc.
● Grant amnesty: one option is granting Indian citizenship to the proclaimed illegal
migrants after a process of naturalization but this may be protested by some sections.
● Tackle issue of illegal migration comprehensively: Solving illegal migrants issue in Assam
will not solve the whole issue as they may very well come through states like West
Bengal and then move on to the other parts of the country. Thus, following steps should
be taken:
● Comprehensive border management: including fencing, total surveillance 24x7, use of
new imaging technology etc.
● Work permits: Possibility of transparent work permits to foreigners should be explored.
● Punishing collusion: Officials and people who are colluding with foreigners to ensure
entry and residence etc. should be penalized for such behavior.
● Forging bilateral agreement with neighboring countries that provide for taking back
nationals who stay illegally in the other country after due verification.
● Assistance from international organisations:such as United Nations High Commissioner
for Refugees (UNHCR), the International Organization for Migration (IOM), and other
concerned international agencies with experience in this kind of complex issue.
● Establish a SAARC convention: India should take the initiative to encourage other
countries in the SAARC region to develop a SAARC convention or declaration on refugees
in which member states would agree to ratify the 1951 Refugee Convention.

The road ahead

Amidst all its apprehensions, the NRC is a forward-looking step in documenting India’s citizens
and detect and deter infiltrators.The NRC process, at the current juncture, is an outcome of both
a judicial push and political balance of power as the Supreme Court has driven it, closely
monitoring the entire process. The cooperation of the States will be key for the success of the
NRC.