Citizenship Under CAA Only After Scrutiny: SC
Polity & Governance
Context
- The Supreme Court of India has recently clarified that citizenship under the Citizenship (Amendment) Act, 2019 (CAA) is not automatic.
- Applicants must meet all conditions of naturalisation, and the Union government must examine each case individually.
Key Features of the Citizenship (Amendment) Act, 2019
- Purpose and Objective: The CAA amends the Citizenship Act of 1955 to provide Indian citizenship to certain persecuted minorities from neighboring countries of Pakistan, Afghanistan, or Bangladesh.
- Eligible Communities: The Act specifically covers six non-Muslim religious communities of Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
- Individuals from these communities who entered India on or before December 31, 2014, without valid travel documents or whose documents expired, are eligible for citizenship.
- Exemption from ‘Illegal Migrant’ Status: Such persons shall not be treated as illegal migrants under the Act, enabling them to apply for citizenship through naturalization.
- The required period of residence in India for naturalization has been reduced from 11 years to 5 years for these groups.
- Applicability Exceptions: The Act does not apply to:
- Tribal areas of Assam, Meghalaya, Mizoram, and Tripura (as included in the Sixth Schedule of the Constitution).
- Areas under the ‘Inner Line Permit’ system (Arunachal Pradesh, Mizoram, Nagaland, and Manipur).
Connect with the basics – Pathways to Indian Citizenship
- Constitutional Foundations: Articles 5–11 of Constitution of India (Part II) lays down the initial framework for citizenship at the time of its commencement:
- Article 5: Grants citizenship to persons domiciled in India at the commencement of the Constitution.
- Article 6: Covers migrants from Pakistan, granting citizenship under certain conditions.
- Article 7: Addresses those who migrated to Pakistan but later returned.
- Article 8: Provides for citizenship of Indians residing abroad.
- Article 9: Bars dual citizenship, if a person voluntarily acquires citizenship of another country, they forfeit Indian citizenship.
- Article 10: Ensures that existing citizens continue to enjoy rights unless terminated under law.
- Article 11: Empowers Parliament to regulate citizenship by law.
Statutory Provisions: The Citizenship Act, 1955:
- It provides the legal framework for acquiring and terminating Indian citizenship. Key modes of acquisition include:
- By Birth (Section 3)
- By Descent (Section 4)
- By Registration (Section 5)
- By Naturalization (Section 6)
- By Incorporation of Territory (Section 7).