The Act has amended the Citizenship Act, 1955 to give eligibility for Indian citizenship to persecuted minorities who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and who entered India on or before 31 December 2014. The Act does not mention Muslims.

1. CITIZENSHIP ACT OF
1955 AND
AMENDMENTS

2. CITIZENSHIP
AMENDMENTS ACTS

3. Meaning and Characteristics
What is Citizenship?
◦ Citizenship means that the citizens shall receive certain care, protection, facilities, be entitled to hold offices, be
eligible for recruitment to public service and be subjected to certain obligations such as taxation etc.
◦ It confers upon an individual certain Rights such as Protection by state, Right to vote and Right to hold certain public
offices among others, in turn for the fulfilment of certain duties/obligation owed by the individual to the state.
Characteristics
◦ The relationship between the nation and the people who constitute the nation.
◦ India has two kinds of people—citizens and aliens. Citizens are full members of the Indian State and owe allegiance to
it. They enjoy all civil and political rights. Aliens, on the other hand, are the citizens of some other State and hence, do
not enjoy all the civil and political rights.
◦ Citizenship is an idea of exclusion as it excludes non-citizens.
◦ There are two well-known principles for the grant of citizenship:
 While ‘jus soli’ confers citizenship on the basis of place of birth, ‘jus sanguinis’ gives recognition to blood ties.
 From the time of the Motilal Nehru Committee (1928), the Indian leadership was in favour of the enlightened concept of jus soli.
 The racial idea of jus sanguinis was also rejected by the Constituent Assembly as it was against the Indian ethos.

4. How does this Citizenship Act come into
Being?
◦ The right of citizenship in India commenced only upon its independence. The British rule
provided no such rights. The pre-independence era had the British citizenship and alien rights
act of 1914 which got repealed in 1948.
◦ Indians were provisionally classed as British subjects without citizenship under the British
nationality act.
◦ The partition of India in 1947 resulted in large-scale population movements across the new
borders separating India and Pakistan.
◦ The people were liberated to reside in a country of their choice and acquire that nation's
citizenship.
◦ In this context, the constituent assembly limited the scope of the constitution's citizenship
provisions for addressing the immediate purpose of determining the citizenship of these
migrants.
◦ The citizenship act later enacted by the parliament in 1955 made specific provisions for the
citizenship requirements and eligibility.

5. Nationality Citizenship
A person born within the territory of a state and subject to its authority
obtains nationality by birth.
The government will award citizenship to someone who meets
the necessary legal requirements.
An individual can also “inherit” nationality from one or both parents. It allows them to live, work, and vote in a specific country.
The nationality of an individual can neither change nor can they
denounce.
Anyone can acquire citizenship in any country after complying
with the legal formalities.
Also, anyone can denounce their citizenship.
The primary difference between Nationality and Citizenship is that
Nationality represents an individual’s place of birth or ancestry.
Citizenship represents the place of registration.
It is necessarily an “ethnic” or “racial” concept It is a “legal” concept
An individual cannot be a national of more than one nation-state. An individual can possess citizenship in more than one country.
Difference between Nationality and Citizenship

6. Difference between Citizenship and Domicile
Basis Citizenship Domicile
Meaning
Legal status as a member of a country or
nation
Residence or permanent home for legal purposes
Acquisition Birth, descent, marriage, naturalisation, etc.
Established through physical presence in a particular
place or intent
Significance
Provides rights, privileges, and responsibilities
in a country
For example, A citizen is vested with
fundamental rights, human rights etc., which
must not be violated.
Determines jurisdiction to deal with legal matters,
taxation & Voting
For example: If you have a domicile of MP, then any
legal matter arising out of your transactions will be
subjected to the jurisdiction of this state (MP).
Rights
Include political rights (voting, holding office,
etc.)
Does not inherently provide specific rights
Scope Applies to a specific country or nation Applicable within a legal jurisdiction or a region
Modification
Generally needs a legal process or application
for any modification
Can be modified through a change in residence or
intent
Implications Entitlement to a nation’s benefits
Legal implications for taxation, legal proceedings,
and eligibility

8. Kinds of Citizenship
◦ Citizenship is of two kinds, namely:
◦ Dual Citizenship: It means, a person/citizen shall have two citizenships viz.,
◦ Federal Citizenship and
◦ Citizenship of the State
◦ Single Citizenship: It means, a person will have only one citizenship of his/her country. In India,
the citizens will have only the citizenship of India.

9. Constitutional Provisions Regarding
Citizenship in India
◦ Article 5 to 8 of the Indian Constitution deal with the citizenship of India at the commencement of the
constitution.
◦ Article 9 to 11 deals with the mode of acquisition and loss of Citizenship. The Citizens at the time of
Commencement of the Constitution.
◦ Hence, the Constitution deals with citizenship from Articles 5 to 11 under Part II. However, it contains neither any
permanent nor any elaborate provisions in this regard.
◦ It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950).
◦ It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement.
◦ It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.
Accordingly, the Parliament has enacted the Citizenship Act (1955), which has been amended from time to time.
◦ The Citizenship Amendment Act was passed on 30th December 1955 by the parliament and was enacted in
the 6th year of the Republic of India.

11. Who can one become the citizens of
India? And How?
◦ There are Five Ways to acquire Indian Citizenship; They are:
◦ Birth Sec.3
◦ Descent Sec.4
◦ Registration Sec.5
◦ Naturalization Sec.6
◦ Incorporation of Territory Sec. 7
◦ Renunciation of Indian Citizenship Sec. 8
◦ Termination of Indian Citizenship Sec. 9

17. Citizenship By Incorporation of Territory
◦ According to Section 7 of The Citizenship Act,
◦ When any territory is added to the constitution of India, then the people of those territories
would be considered as the citizen of India.
◦ These people would be granted citizenship by the Official Gazetteonce the Central Government
notifies them.
◦ They would be considered as the citizen from the date specified in the order.

18. Termination of Citizenship under
Citizenship Amendment Act (1955)
◦ RENUNCIATION (SEC.8) : Under Section 8 of the Citizenship Act,1995 the provisions for renunciation of
citizenship has been laid down
◦ When both the parents are no more citizen of India, then their minor child is given the right to choose the
nationality of his/her preference within the given period of time, after he/she attains the age of eighteen
◦ When a citizen of India has attained the age of maturity or capacity and decides to renunciate the citizenship of
India then he can submit his renunciation by registering under the prescribed authority.
◦ After submission to the prescribed authority, the person ceases to be a citizen of India.
◦ But if the person submits the request for renunciation of citizenship during the period of war India is engaged
in then the request would be kept pending until directed by the Central Government of India.
◦ TERMINATION (SEC.9): Any person who voluntarily acquires other country citizenship. He will loss his
citizenship in India.
◦ DEPRIVATION (SEC.10): It is a compulsory termination of citizenship of India. If a person became a citizen of
India by naturalization, residence, birth and registration, can be deprived of his citizenship as an Indian by the
order of the Central government.

20. Illegal Migrants as per the Citizenship
Amendment Act (1955)
◦ According to the Citizenship Amendment Act (1955), a person can be considered an Illegal migrant in
two ways-
 Any foreigner, who has entered into India without a valid passport or a travel document
 Any foreigner, who has entered into India with a valid passport or a travel document, but they are
remaining in India beyond the permitted period of time.
◦ The purpose behind the Citizenship Amendment Act, 1955 was to prohibit illegal migrants from
acquiring Indian citizenship. These illegal Migrants were Hindu, Buddhist, Jain, Sikh, Paris and Christian
Communities coming from Muslim majorities South Asian countries like Afghanistan, Pakistan and
Bangladesh.
◦ Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry
into India) Act, 1920. (The 1946 and the 1920 Acts empower the central government to regulate the
entry, exit and residence of foreigners within India).

21. Citizenship Amendment Act 1986
◦ The 1986 amendment to Section 3 was less broad than the constitutional clause and the original
Citizenship Act, which conferred citizenship to everyone born in India on the basis of jus
soli.
◦ The amendment introduced the requirement that people born in India on or after January 26,
1950, but before July 1, 1987, be citizens of India.
◦ Citizenship is only available to those born after July 1, 1987, and before December 4, 2003, if
either of their parents was an Indian citizen at the time of their birth.

22. Citizenship Amendment Act 2003
◦ With infiltration from Bangladesh in mind, the revision made the aforementioned criteria
more strict.
◦ For people born on or after December 4, 2004, the legislation now stipulates that, in addition to
their own birth, both parents must be Indian citizens, or one parent must be an Indian citizen
and the other must not be an illegal migrant.
◦ With these restricted revisions, India is on the verge of adopting the narrow jus sanguinis (blood
relationship) basis.
◦ This states that even if an illegal migrant has been in India for seven years, he cannot claim
citizenship by naturalization or registration.

23. The Citizenship Amendment Act 2005
◦ High Powered Committee on Indian Diaspora, constituted by the Central Government, inter alia,
recommended the amendment of the Citizenship Amendment Act 1955, to provide for grant of dual
citizenship to persons of Indian origin belonging to certain specified countries.
◦ The Prime Minister in the Pravasi Bhartiya Divas, 2005 made a statement on OCI scheme that the
Government has decided to grant OCI to all overseas Indians who migrated from India after 26th January,
1950 as long as their home countries allow dual citizenship under their local laws.
◦ In order to implement the Government's decision, an Ordinance called the Citizenship (Amendment)
Ordinance, 2005 was promulgated on 28th June, 2005 to extend the scope of OCI for PIOs of all
countries except Pakistan and Bangladesh as long as their countries allow dual citizenship.
◦ The said Ordinance is proposed to be replaced by a Bill by amending the provisions of the Citizenship
Act, 1955 so as to-
(i) expand the scope of grant of Overseas Citizenship of India to Persons of Indian Origin of all countries
except Pakistan and Bangladesh; and
(ii) reduce the period of residence in India from two years to one year for the persons registered as
Overseas Citizens of India to acquire Indian citizenship.

24. Citizenship Amendment Act 2015
◦ Citizenship through Registration and Naturalisation: For individuals working for the Indian
government and residing in the nation for 12 months, the government may ease the
requirements for citizenship for up to 30 days. The amalgamation of the Persons of Indian
Origin and Overseas Citizens of India programs.
◦ Renunciation and Cancellation of Foreign Citizenship: There are provisions to revoke the
Overseas Citizenship of India card received by a spouse of an Indian citizen or an Overseas
Citizen of India in the event that the marriage is declared null and void or the spouse marries
someone else.

25. What does a Person of Indian Origin
(PIO) mean?
◦ Person of Indian Origin (PIO) means a citizen of any country other than Bangladesh or Pakistan
who had (a) at any time held Indian passport or (b) he or either of his parents or any of his
grandparents were a citizen of India by virtue of the Constitution of India or the Citizenship Act,
1955 or (c) the person is a spouse of an Indian citizen or a person referred to in (a) or (b).
◦ Benefits of PIO Card:
◦ PIO cardholders do not need a visa if they wish to visit India for up to 15 years from the issuance
of a PIO Card.
◦ They can stay for up to 180 days In India without registration to FRRO (Foreigner Regional
Registration Office).
◦ They can study or work for private institutions in India without a special visa

26. What is Overseas Citizenship of India
(OCI)?
◦ OCI is an immigration status that allows foreign citizens of Indian origin to live, study or work in
India. OCI cardholders can visit India at any time and stay for any time.
◦ Eligibility for OCI:
◦ An OCI Card is issued to foreign citizens who hold a passport of another country except for
Pakistan and Bangladesh. A citizen whose parents were born or were citizens of Pakistan and
Bangladesh are not eligible for OCI.
◦ It was introduced for the purpose of granting dual citizenship.
◦ People with OCI and PIO, both are permitted from certain rights:
◦ No right to vote.
◦ No right to hold constitutional offices
◦ No right to buy agricultural properties

27. Difference between PIO and OCI

28. Citizenship Amendment Act 2019
◦ The Citizenship Act of 1955 was amended by the Citizenship Amendment Bill (CAA Bill), which was
first introduced in Lok Sabha in 2016. The CAA was passed in order to provide Indian citizenship to
illegal immigrants who arrived in the country on or before December 31, 2014. Important features of
the Citizenship Amendment Act 2019 are given below:
◦ If they arrived in India before December 14, 2014, members of six communities—Hindus, Sikhs,
Buddhists, Jains, Parsis, and Christians—from Pakistan, Bangladesh, and Afghanistan may do so.
◦ The amendment shortens the 11-year naturalisation process to only take five years as a particular
requirement for applicants who practice one of these six religions.
◦ The Act states that after attaining citizenship, such individuals will be treated as Indian citizens
starting on the day they were admitted to the country, and all legal actions taken against them in
connection with their illegal immigration or naturalisation will be dropped.
◦ These immigrants were also exempt from the Passport Act and the Foreigners Act (The Foreigners Act
empowers the Indian government to detain a person until deportation back to their country of origin)
according to two notices.
◦ Many Assamese organisations opposed this Bill because it would provide citizenship to
undocumented Hindu migrants from Bangladesh.
◦ The argument put up by the law is that while Muslims make up the majority in Bangladesh, they
cannot be held to the same standards as Hindus and Buddhists who fled to India due to religious
persecution.

29. ARGUEMENTS AGAINST CAA, 2019
◦ Exclusion of Muslim community: This was the main point of controversy as it was said that this act violated the
secular principles enshrined in the Indian Constitution by providing preferential treatment based on religion.
 It fails to allow Shia, Balochi, and Ahmadiyya Muslims in Pakistan and Hazaras in Afghanistan who also face
persecution, to apply for citizenship.
 A key argument by the critics against the CAA is that it will not extend to those persecuted in Myanmar and
Sri Lanka, from where Rohingya Muslims and Tamils are staying in the country as refugees.
◦ Relationship with the NRC: The CAA and the proposed National Register of Citizens (NRC) have been closely
linked in public discussions. The CAA provides a path to citizenship for specific religious communities (except
Muslims), and the NRC focuses on identifying and excluding illegal immigrants from India, irrespective of their
religion. So, CAA and NRC combined raised serious concerns about the exclusion and statelessness of certain
individuals, especially Muslims.
◦ It violates Article 14: Critics argue that it is violative of Article 14 of the Constitution, which guarantees the
right to equality. This Act is an instance of class legislation, as classification on the ground of religion is not
permissible.

30. ◦ It violate the Assam Accord, both in letter and spirit-The Citizenship Amendment Act moved the cutoff
date for six religions from March 24, 1971 to December 31, 2014, something that is not acceptable to the
Assamese-speaking people in Brahmaputra Valley, who insist that all illegal immigrants should be treated
as illegal.
◦ There is also an Economic Problem-If tens of thousands leave Bangladesh and start staying legally in
Assam and North East, the pressure will first show in the principal economic resource—land. Also, since
these will be legitimate citizens, there will be more people joining the queue of job hopefuls that can
potentially lower opportunities for the indigenous and the locals.
◦ Other Issues-
 CAA does not consider Jews and atheists. They have been left out of the Act.
 Countries such as Nepal, Bhutan, and Myanmar, which share a land border with India, have been excluded.
 On the classification of individuals, the Act provides benefits to sufferers of only one kind of persecution,
i.e. religious persecution neglecting others,especially political prosecutionthe
 CAA denies equal protection of laws to similarly placed persons who come to India as “illegal
migrants” but in fact grant citizenship to the less deserving at the cost of the more deserving. As per
critics, the provisions of CAA might lead to a situation where a Rohingya who has saved himself from
harm in Myanmar by crossing into India will not be entitled to be considered for citizenship, while a Hindu
Hindu from Bangladesh, who might be an economic migrant and have not faced any direct persecution in
his life, would be entitled to citizenship.

31. ARGUMENTS IN SUPPORT OF CAA, 2019
◦ it is not against Muslims
 The Ahmediyas and Rohingyas can still seek Indian citizenship through naturalization (if they
enter with valid travel documents).
 If a Shia Muslim is facing persecution and is in India seeking shelter, his case to continue to
reside in India as a refugee shall be considered on its merits and circumstances.
 With regard to Balochi refugees, Balochistan has long struggled to be independent of Pakistan
and including Balochis in the CAA could be perceived as interference in Pakistan’s internal
affairs.
◦ The Act is not a violation of Article 14
 the Supreme Court held that the right of a foreigner in India is confined to Article 21 and he
cannot seek citizenship as a matter of right.

32. ◦ With respect to North East
◦ Citizenship Amendment Act does not dilute the sanctity of the Assam Accord as far as the cut-off date of
March 24, 1971, stipulated for the detection/deportation of illegal immigrants is concerned.
◦ Citizenship Amendment Act is not Assam-centric. It applies to the whole country. Citizenship Amendment
Act is definitely not against the National Register of Citizens (NRC), which is being updated to protect
indigenous communities from illegal immigrants.
◦ Further, there is a cut-off date of December 31, 2014, and benefits under the Citizenship Amendment Act
will not be available for members of the religious minorities who migrate to India after the cut-off date.

33. Issues of citizenship with States in India
◦ There are a few states in India where issues concerning citizenship have been historically
controversial. These states have experienced prominent debates and conflicts:
1. Assam
2. Kashmir
3. Manipur

34. What is the Assam Accord?
◦ The citizenship issue in Assam has been a longstanding matter wherein the state has witnessed
several movements and protests related to the presence of illegal immigrants, specifically from
Bangladesh. The National Register of Citizens (NRC) was implemented in Assam to identify
genuine Indian citizens and exclude illegal immigrants but this process has been controversial,
raising concerns of statelessness.
◦ The Assam Accord is an agreement signed on August 15th, 1985, between the Government of
India and leaders of the Assam Movement, a mass movement that took place in Assam in the
1980s aimed at solving the concerns of illegal immigration from Bangladesh and its impact on
the demographic, economic, and political aspects of the state.
◦ The key objectives of the Assam Accord were to address the issues related to illegal
immigration.

35. Key provisions of the Assam Accord
◦ Detection and Deportation: The accord focused on the detection and deportation of persons
who entered Assam illegally after March 24th, 1971.
◦ Electoral Rolls: The agreement pushed the revision of electoral rolls to remove the names of
foreigners and ensure the integrity of the electoral process.
◦ Border Security: The accord focused on strengthening security measures to curb illegal
immigration from Bangladesh into Assam.
◦ Economic and Cultural Measures: The agreement identified the need for providing
constitutional, legislative, & administrative safeguards to safeguard the Assamese people's
cultural, social, and linguistic identity.
◦ Rehabilitation: The accord focused on the need to rehabilitate displaced persons affected by the
movement.
◦ The Assam Accord included many complex processes, such as updating Assam's National
Register of Citizens (NRC).

36. Jammu and Kashmir
◦ Jammu and Kashmir have seen ongoing debates revolving around citizenship because of its
special status and complex political history. The state’s relationship with India and Article 370
have always been a topic of discussion. The abrogation of Article 370 in 2019 and the
subsequent reorganisation of the state into two union territories- J & K and Ladakh (one with &
another without legislature) further intensified discussions about citizenship and domicile laws
therein.
Manipur
◦ Manipur has also witnessed citizenship-related controversies due to its proximity to
neighbouring countries like Myanmar and Bangladesh. The issue of illegal immigration has been
a serious issue, resulting in tensions and demands for stricter identification & verification
processes to determine citizenship.

37. Landmark Cases on Citizenship Law
◦ Sarbananda Sonowal v. Union of India (2005)
◦ This case is also known as the "Assam Illegal Migrants" case, which dealt with the issue of illegal
immigration in Assam. The SC held that the detection and deportation of illegal immigrants is
crucial to protect the rights & interests of Indian citizens. The case resulted in establishing the
Foreigners Tribunals and the subsequent updating of the National Register of Citizens (NRC) in
Assam.
◦ Mohammed Sakeel v. State of Andhra Pradesh (2008)
◦ The Supreme Court, in this case clarified the difference between nationality and citizenship and
held that the grant of Indian nationality does not automatically confer Indian citizenship. It
emphasized that acquiring Indian citizenship involves a separate legal process as enshrined
under the Citizenship Act.

38. ◦ National Legal Services Authority v. Union of India (2014)
◦ This landmark case recognised the rights of transgender individuals and affirmed their right to
self-identify their gender. This case focused on transgender persons who are entitled to all the
rights and privileges available to any other Indian citizen, including the right to citizenship.
◦ Navtej Singh Johar v. Union of India (2018):
◦ This landmark case decriminalized consensual same-sex relationships in India by striking down
Section 377 of the Indian Penal Code. The judgment recognized the rights of LGBTQ+
individuals and affirmed their right to dignity, privacy & equal citizenship.

39. THANK-YOU