Citizenship and Citizenship Amendment Act (CAA), 2019

Citizenship refers to a legal status that grants individuals rights, duties, and privileges within a state.

• In India, citizenship is governed by Articles 5 to 11 (Part II) of the Constitution.
• It determines who is a citizen at the time of the Constitution’s commencement and how citizenship can be acquired or lost.

Constitutional Provisions Related to Citizenship

1. Article 5 – Citizenship for those domiciled in India at the time of independence.
2. Article 6 – Citizenship rights for migrants from Pakistan.
3. Article 7 – Citizenship provisions for those who migrated to Pakistan but later returned to India.
4. Article 8 – Citizenship for people of Indian origin residing outside India.
5. Article 9 – Indian citizenship is lost upon voluntarily acquiring foreign citizenship.
6. Article 10 – Continuation of citizenship rights.
7. Article 11 – Parliament has the authority to regulate citizenship by law.

Citizenship Amendment Act (CAA), 2019

The CAA, 2019 amends the Citizenship Act, 1955 to provide a pathway for non-Muslim refugees from Pakistan, Afghanistan, and Bangladesh to obtain Indian citizenship.

The law is based on recommendations from the Rajendra Agarwal Committee and was first introduced in the 16th Lok Sabha.

Key Features of CAA, 2019

Eligibility Criteria

1. Provides citizenship to persecuted minorities (Hindus, Sikhs, Christians, Buddhists, Jains, and Parsis) from Pakistan, Bangladesh, and Afghanistan.
2. Applicants must have entered India on or before December 31, 2014.
3. The residency requirement for citizenship is reduced from 11 years to 6 years.

Exclusion of Certain Areas

1. The CAA does not apply to tribal areas of Assam, Meghalaya, Mizoram, and Tripura.
2. It also does not apply in Inner Line Permit (ILP) areas, governed by the Foreigners Act, 1946, and Passport Act, 1920.

Protection from Legal Action

• Minority migrants will not be considered illegal immigrants and will be protected from legal proceedings.

Arguments in Favor of CAA

1. Protection of Religious Minorities – Provides shelter to persecuted minorities from neighboring Islamic nations. 
2. Historical Context – Aligns with India's tradition of providing refuge to oppressed communities. 
3. Humanitarian Grounds – Recognizes the need for safety and dignity for religious minorities. 
4. Simplification of Citizenship Process – Reduces the waiting time for citizenship from 11 years to 6 years, making the process more inclusive.

Arguments Against CAA

1. Violation of Secularism – Critics argue that the Act excludes Muslim refugees, violating Article 14 (Right to Equality). 
2. Concerns in Assam and Northeast – Fear of demographic changes threatening cultural identity.
3. Link to NRC (National Register of Citizens) – Many fear that the CAA, combined with NRC, may render some Indian Muslims stateless. 
4. Discrimination Based on Religion – Critics claim it violates India’s secular principles by granting citizenship based on religion. 
5. Threat to Social Harmony – May cause division among communities.

Overseas Citizenship of India (OCI)

The OCI card allows foreign citizens of Indian origin to live, work, and travel in India indefinitely.

However, OCIs do not have the following rights:

1. Cannot vote in elections. 
2. Cannot contest elections
3. Cannot hold constitutional posts. 
4. Cannot purchase agricultural land.

Conclusion

Citizenship in India is an evolving legal concept, shaped by historical and political factors.

While CAA aims to provide protection to persecuted minorities, its exclusion of Muslims and potential link to NRC have raised legal and political debates.

A balanced approach is needed to ensure both humanitarian protection and constitutional integrity.

---