Why in News?
After years of uncertainty, 185 displaced Pakistani refugees in Gujarat were granted Indian citizenship under the Citizenship Act (Amendment), 2019, marking a significant implementation step of the law for persecuted minorities from neighboring countries.
Description:
Constitutional Basis:
● Part II of the Constitution: Articles 5 to 11
● Entry in the Union List – Parliament has exclusive power.
● The Constitution does not define “citizen”, leaves it to Parliament.
● India follows Single Citizenship (like UK, unlike USA).
Five Ways of Acquisition of Citizenship under the Act:
| Method | Key Provisions |
| By Birth | ● Born in India: ● 1 Jan 1950–1 July 1987: Citizen by birth ● After 1 July 1987: At least one parent must be Indian ● After 3 Dec 2004: One parent Indian and other not an illegal migrant |
| By Descent | ● Born outside India: ● 1950–1992: If father is Indian ● After 1992: Either parent Indian ● Condition: Registration at Indian Consulate within 1 year |
| By Registration | ● PIOs, spouses of Indian citizens, minor children, etc., after fulfilling residency + oath of allegiance ● Illegal migrants excluded |
| By Naturalisation | ● Resided in India 11 of last 14 years, and continuously for 12 months’ prior ● CAA 2019 reduced this to 5 years for certain communities |
| By Incorporation of Territory | ● When new territory is added, Central Govt may declare people citizens (e.g., Goa, Puducherry) |
Key Amendments:
| Year | Amendment Highlights |
| 1986 | Restricted citizenship by birth – after 1987, one parent must be Indian. |
| 2003 | ● Defined illegal migrant ● Prohibited their citizenship ● Introduced NRC and ended Commonwealth Citizenship |
| 2015 | Merged PIO & OCI into OCI Cardholder |
| 2019 (CAA) | ● Fast-tracks citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Afghanistan, Pakistan, Bangladesh ● Must have arrived in India before 31 Dec 2014 ● Residency requirement reduced from 11 to 5 years |
- Objective: Grants Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan who entered India on or before 31 Dec 2014.
- Exemptions: Not applicable to Muslims, and does not apply in areas under Sixth Schedule and Inner Line Permit.
- Relaxations:
- Reduces residency requirement from 11 to 6 years.
- Protects eligible persons from legal prosecution under Passport Act (1920) and Foreigners Act (1946).
- CAA Rules 2024:
- Introduced online application, document verification, personal oath-taking, and digital citizenship certificate.
- Support: Based on humanitarian grounds, civilizational ethos, and protection of persecuted minorities.
- Criticism:
- Violates Article 14, excludes some persecuted groups (e.g. Rohingyas, Ahmadis), risks communal division, and federal tensions with opposing states.
- Status: Under challenge in the Supreme Court.
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