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Introduction
Citizenship establishes the relationship between a state and an individual. In the Indian context, citizenship serves as an integral aspect of our political landscape and holds pivotal status in the UPSC Civil Services Examination. Let's embark on a detailed exploration of this crucial topic.
Categories of Citizenship
Understanding the different categories of citizenship is vital for grasping the concept itself:
Citizens: Citizens enjoy full political and civil rights; their status is legally established.
Non-Citizens: Non-citizens do not receive the same full legal rights as citizens, despite residing in the country.
Stateless Persons: Stateless persons lack citizenship in any nation.
Refugees: Refugees have fled their home country due to conflict or persecution, and thus seek refuge and protection in a foreign country.
Constitutional Provisions Related to Citizenship
Articles 5-11 (Part II of the Indian Constitution): These fundamental articles delineate the provisions and guidelines concerning citizenship as of the Constitution's commencement on January 26, 1950.
Additional Citizenship Provisions
The Citizenship Act of 1955: This legislation sets forth exhaustive regulations concerning the acquisition and termination of Indian citizenship.
Exclusive Privileges for Indian Citizens
Certain fundamental rights and privileges exist uniquely for Indian citizens:
Voting rights during elections
Access to public office positions
Rights enshrined in Articles 15, 16, 19, 29, and 30 of the Indian Constitution
Rights and Duties of Citizens
Rights: Freedom of speech, assembly, association, movement, residence, and right to practice any profession (with reasonable restrictions).
Duties: Obeying the law, safeguarding public property, defending the nation, fostering patriotism, embracing unity and harmony.
Fundamental Rights to Foreigners
Certain fundamental rights granted by the Indian Constitution are applicable to both citizens and non-citizens:
Article 14: Equality before the law
Article 21: Protection of life and liberty
Articles 20, 22, 23, 24: Legal safeguards relating to arrest, conviction, and exploitation
The Citizenship Act of 1955
The core legislation defining Indian citizenship outlines five modes of acquiring citizenship:
Citizenship by Birth: Applies to people born in India on or after January 26, 1950.
Citizenship by Descent: Individuals born outside India on or after January 26, 1950, are entitled if either parent is an Indian citizen at the time of their birth.
Citizenship by Registration: A provision applicable to specific categories of people –persons of Indian origin, Indian citizen spouses, minor children.
Citizenship by Naturalisation: Foreigners fulfilling specified criteria may apply.
Citizenship by Incorporation of Territory: Occurs if new territory is absorbed into India.
Citizenship Amendment Act (CAA), 1986 & 2019
CAA 1986: Introduced the term "illegal migrant," leading to disenfranchisement of citizens in Assam.
CAA 2019: Seeks to fast-track citizenship for persecuted non-Muslim minorities (Hindus, Jains, Christians, Sikhs, Buddhists, and Parsis) from Pakistan, Afghanistan, and Bangladesh who arrived in India before December 31, 2014.
Loss of Citizenship
There are three primary ways in which Indian citizenship can be lost:
Renunciation: Voluntary surrendering of citizenship.
Termination: Occurs if citizenship was acquired through fraudulent means.
Deprivation: The government can revoke citizenship upon grounds linked to anti-national activities.
Indian Citizenship for Foreign Nationals
Foreign nationals may be eligible for Indian citizenship under specific categories:
Person of Indian Origin (PIO) Card: Individuals who trace their ancestry back to India for at least four generations qualify for this, offering several benefits.
Overseas Citizens of India (OCI) Card: An immigration status aimed at individuals of Indian origin, providing lifelong visas and certain rights similar to Indian citizens, with some exceptions.
Benefits for OCI Cardholders
Lifelong, multiple-entry visa to India
Parity with NRIs (Non-Resident Indians) for economic, financial, and educational matters
Ability to adopt Indian children
Limitations for OCI Cardholders
Lack of political rights (holding office and voting)
Restrictions on acquiring agricultural land
Need to register with authorities if staying in India for over 180 days
Non-Resident Indians (NRI)
NRIs are Indian citizens residing overseas for employment/business purposes. They retain full citizenship rights except political rights like voting (unless physically present in their constituency).
Voting Rights for NRI
NRIs were recently granted limited voting rights under certain conditions with the Representation of the People (Amendment) Act of 2010. However, they must physically visit their polling station to cast their votes.
National Population Register (NPR)
It's a comprehensive database of the country's "usual residents" (living in a locality for the past 6 months or more). Citizenship data is not mandatory in the NPR survey.
National Register of Citizen (NRC)
The objective is to create a reliable register of all legal Indian citizens, primarily conducted in Assam to identify infiltrators/illegal immigrants.
Indian Diaspora
Refers to individuals of Indian origin residing outside of India. It's a vibrant, globally distributed community contributing significantly to cultural and economic ties.
Pravasi Bharatiya Divas
Celebrated on January 9th annually, recognising the overseas Indian community's contributions.
Government Initiatives
Various initiatives enhance ties and facilitate services for citizens living abroad:
Ministry of External Affairs (MEA), specifically through its India Development Foundation of Overseas Indians (IDF-OI)
Initiatives aimed at diaspora investments, welfare, and consular services.
Comparative Study of NRI, PIO, and OCI
Factor | NRI | PIO | OCI |
Definition | Indian citizen residing abroad | Individual with at least 4 generations of Indian lineage | Individual of Indian origin, not citizens of Pakistan or Bangladesh |
Citizenship | Full Indian Citizenship | Not Indian citizens | Not Indian citizens |
Voting | Yes, if physically present in constituency | No | No |
Land Ownership | Certain rights apply | Restrictions on agricultural land | Restricted agricultural land ownership |
Benefits | Full rights except political, investments allowed | Benefits in education, finance, travel | Lifelong visa, rights in finance, education, adoption |
Previous Year Civil Service Questions with Answers:
Q.) Question: What are the fundamental rights guaranteed to Indian citizens under the Constitution?
a) Right to vote
b) Right to equality
c) Right to hold public office
d) Right to freedom of speech and expression
Answer: d) Right to freedom of speech and expression
Q.) Question: Who is considered a Person of Indian Origin (PIO)?
a) Indian citizen residing abroad for employment
b) Foreign citizen with ancestral roots in India
c) Foreign citizen eligible for Indian citizenship at the Constitution's commencement
d) Indian citizen residing abroad temporarily for education
Answer: b) Foreign citizen with ancestral roots in India
Example Question -
Q.) Analyse the legal position of citizenship in India in light of the Citizenship Amendment Act of 2019. Discuss the controversies surrounding the implementation of the NRC in India.
Provide a well-structured response highlighting constitutional provisions, the CAA's implications, and the contentions surrounding its selectivity and legal challenges. Discuss the NRC's purpose, complexities in implementation, and associated concerns
Model Answer:
The Citizenship Act of 1955 provides the basis for legal citizenship in India, founded on the principles of jus soli and jus sanguinis. The Citizenship Amendment Act (CAA) of 2019 introduces a religious criterion, expediting naturalisation for persecuted non-Muslim minorities from Pakistan, Afghanistan, and Bangladesh.
CAA Controversies
Departure from Secular Principles: Critics argue the CAA violates Article 14's equality by creating religion-based discrimination, undermining India's secular ethos.
Selective Targeting: Its exclusion of persecuted Muslim minorities, such as Rohingyas or Ahmadiyyas, has raised concerns of targeted discrimination.
Constitutional Validity: The CAA faces legal challenges on the grounds that it disrupts the Constitution's basic structure.
NRC Controversies
Documentary Proof: Requiring extensive documentation to prove citizenship places a disproportionate burden, with potential exclusions of marginalised groups, often the poor and illiterate.
Errors and Exclusions: Reports of genuine citizens omitted from the Assam NRC highlight fears of wrongful disenfranchisement.
Ambiguity of 'Illegal Migrant': The fate of excluded individuals remains unclear, leading to anxieties around detention and statelessness.
Linkage to CAA: The CAA, when used alongside the NRC, presents the risk of selective deportation for specific religious groups deemed illegal migrants.
Conclusion
The CAA and NRC have significantly altered the discourse around citizenship in India. Their contested nature underscores the need to safeguard constitutional principles, protect against arbitrary exclusion, and address the legitimate challenges of identifying genuine citizens while guaranteeing their fundamental rights.
Note: This answer demonstrates a balanced analysis of legal provisions, critiques, and the CAA-NRC complexities. Adhering to word limits is crucial in the UPSC Mains exam.
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