Introduction
- The Citizenship Act, 1955 provides the legal framework for acquiring, determining, and terminating Indian citizenship.
- Enacted under the provisions of Article 11 of the Indian Constitution, which empowers Parliament to regulate citizenship by law.
- It establishes rules for acquisition, termination, and deprivation of citizenship.
Provisions for Acquisition of Citizenship
- Indian citizenship can be acquired by the following methods:
- By Birth: A person born in India is an Indian citizen, subject to conditions.
- By Descent: Citizenship can be inherited if one or both parents are Indian citizens.
- By Registration: Persons of Indian origin or those married to Indian citizens can acquire citizenship through registration.
- By Naturalization: Foreigners can acquire citizenship if they meet certain residency and other requirements.
- By Incorporation of Territory: Citizenship is granted when a new territory becomes part of India.
Provisions for Termination of Citizenship
- Indian citizenship can be lost by:
- Renunciation: Voluntary surrender of citizenship by an individual.
- Termination: Citizenship ends if an individual acquires citizenship of another country.
- Deprivation: Government revokes citizenship due to fraudulent practices or disloyalty to the Constitution.
Key Amendments to the Citizenship Act
Citizenship (Amendment) Act, 1986
- Introduced stricter residency requirements for citizenship by birth.
- Restricted citizenship by birth to individuals whose parents are Indian citizens or residents.
Citizenship (Amendment) Act, 2003
- Introduced the concept of Overseas Citizen of India (OCI) for individuals of Indian origin residing abroad.
- Made registration with the Central Government mandatory for persons of Indian origin living outside India.
- Strengthened provisions for detection and deportation of illegal migrants.
Citizenship (Amendment) Act, 2005
- Granted dual benefits for OCIs, including multiple entry and lifelong visa for visiting India.
- Allowed OCIs to acquire property and participate in certain business activities.
Citizenship (Amendment) Act, 2015
- Removed the requirement for OCI holders to notify authorities about any changes in their residential address.
- Integrated the Persons of Indian Origin (PIO) and OCI schemes for better benefits.
Citizenship (Amendment) Act, 2019
- Provided a pathway to Indian citizenship for persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan.
- Reduced the residency requirement for such individuals from 11 years to 5 years.
- Excluded Muslims from the specified countries, which sparked debates and protests.
- Exempted tribal areas in the Sixth Schedule and areas covered under the Inner Line Permit (ILP) from its provisions.
Special Provisions: Overseas Citizen of India (OCI)
- The concept of OCI was introduced to facilitate lifelong visa and other benefits to individuals of Indian origin.
- OCIs do not have political rights or rights to buy agricultural land.
- They can participate in economic and cultural activities in India.
Significance of the Citizenship Act
- Ensures clarity and uniformity in defining citizenship in a diverse country like India.
- Addresses the needs of Indian diaspora through provisions for OCI and PIO.
- Facilitates integration of persecuted minorities, reflecting India’s commitment to humanitarian values.
Challenges and Criticism
- The 2019 Amendment faced criticism for being discriminatory and violating the principle of secularism.
- Concerns over the impact of the Act on illegal migrants and demographic changes.
- Opposition from states over implementation and federal relations.
Conclusion
The Citizenship Act, 1955, with its amendments, forms the backbone of India's legal framework on citizenship. While it addresses various challenges related to citizenship, its implementation must align with constitutional values of equality and secularism.