A Simple Note on the Citizenship Rules and Guidelines

As per the Act of 1955, ethnicities that existed before the Constitution and Bill of Rights’ inception became citizens of India, and others who were born and brought up also became Indian nationals. The Indian Government Bill of 1858, enacted during British control, established and legitimized the presence of Indians under ultimate British authority. Under British Raj legislation, Indians were divided into two categories: the first was labelled as British detainees, and the other was labelled as British-protected persons. Individuals who inhabited under the authority of India immediately developed into Indian citizens on November 26, 1949, as a consequence of the policy of the Article of India’s relevant requirements.

Indian Citizenship

The Citizenship Act of 1955, which has been amended by the Nationality (Modification) Amendments of 1986, 1992, 2003, 2005, 2015, and 2019, would be the Indian constitution related to this issue. Citizenship by birth was restricted by the 1986 amendment, which requires a minimum of one parent to become an Indian citizen. The 2003 legislation further restricted this function by requiring that neither a parent nor a child is an illegal refugee. The Indian government was also given the authority to create a National List of Citizens under the 2003 legislation.

Indian Citizenship at a Glance 

• The Indian Constitution establishes a single identity for the entire country
• Parliament would have the ability to control the entitlement to a residence by law within Article 11 of the Indian Constitution
• As a result, the legislature established this Citizenship Act in 1955 to do anything for the admission and assessment of Indian citizenship

• Entry 17, List 1 of the Seventh Schedule discusses citizenship, naturalization, and immigrants. As a consequence, Parliament retains sole authority to legislate on citizenship issues
• It was necessary to be ordained in India to be considered for Indian citizenship till 1987
• Then, in response to nationalist movements asserting a huge flow of migrants from Bangladesh, nationality rules were altered to expect at least one spouse to become an Indian
• The legislation was revised in 2004 to require that not only one parent remain Indian, but the additional parent does not become an illegal immigrant

Citizenship Amendment Bill

The citizenship amendment bill (CAA Bill), which amends the Representation of the People Act of 1955, was first tabled in the Lok Sabha in 2016. The bill was forwarded to a Mixed Parliamentary Committee, which issued its findings on January 7, 2019. On January 1, 2019, the Lok Sabha enacted the Amendment Bill, which expired with the expiration of both the lower Houses of Parliament. The Prime minister, Amit Shah, reintroduced the bill in the 17th Legislative Assembly on December 9, 2019, and it was later approved on December 10, 2019. The bill was also introduced in the Lok Sabha on December 11.

CAA 2019 Highlights

The bill aims to alter the Citizenship Act of 1955 to allow Hindu, Jain, Parsi, Sikh, and Buddhist illegal migrants fleeing Afghanistan, Bangladesh, and Pakistan to apply for Indian citizenship. In several other ways, the Act aims to make it simpler for people who have been mistreated in India’s neighbouring nations to become Indian citizens.The law protects persons who are pressed or persuaded to seek sanctuary in India owing to oppression on religious grounds. Its goal is to keep such persons safe from the consequences of unlawful migration.As a special prerequisite for eligible students of these six denominations, the amendment reduces the naturalization period from 11 to 5 years. The citizenship deadline is December 31, 2014, which implies that the candidate must have arrived in India before or on that date.

According to the Act, such people shall be presumed to be Indian citizens from the time of their admission into India. Any legal procedures for them in connection with their unlawful migration or membership shall be closed.It also states that those with (OCI) passports, which allow a citizen of the country of Indian heritage to work and live in India permanently, risk losing their citizenship if individuals break local laws for large and small offences.

Exception

The Act further states that the nationality requirements for illegal migrants would not extend to the tribal territories of Assam, Meghalaya, Manipur, and Tripura, which are listed in the Constitution’s Sixth Schedule.Karbi Anglong (of Assam), the Garo Mountains (in Manipur), the Chakma District (in Burma), and the Tripura Native Places District are among such tribal areas.It would also not apply to places covered by the Bengal Eastern Border Ordinance, 1873’s Inner Boundary Permit.Hindus, Jains, Sikhs, Buddhists, Parsis, and Christians from the neighbouring Muslim-majority countries of Bangladesh, Pakistan, and Afghanistan who came to India before December 2014 were given a quicker road to nationality under the 2019 modification.

Conclusion

Citizenship entails a statue of liberty with attendant duties. Aliens and other non-citizens resident in a nation have specific rights, obligations, and obligations that are prohibited or only substantially provided to citizens. A citizen who freely acquires the nationality of any other country is no more an Indian citizen, according to Article 9 of the Constitution of India. According to the Identity Cards Act, an individual must relinquish their Indian passport and voter card, and no more Indian ID cards can be used once nationality in some other country has been obtained. If the individual fails to relinquish the passport, they are a criminal.