General discussion

1. THE CITIZENSHIP (AMENDMENT) ACT, 2019 AND THE NATIONAL
REGISTER OF CITIZENS
A citizen is any legally recognized subject or national of a State, either native or naturalized.
The conferment of a person as a citizen of India is governed by the Part II of the Constitution of
India (Articles 5 to 11). According to Article 5, all the people that were resident in India at the
commencement of the Constitution were citizens of India as well as people born in India.
The President of India is termed the First Citizen of India.
Granting of Citizenship
1. Citizenship at the commencement of the Constitution- People living in the territory of
India as on 26 November 1949 automatically became Indian citizens
2. Citizenship by Birth- Any person born in India on or after 26 January 1950, but prior to
the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person
born in India on or after 1 July 1987 but before 3 December 2004 is a citizen of India if
one of parents was a citizen of India at the time of the birth. Those born in India on or after
3 December 2004 are considered citizens of India only if both of their parents are citizens
of India or if one parent is a citizen of India and the other is not an illegal migrant at the
time of their birth.
3. Citizenship by descent- Persons born outside India between 26 January 1950 and 10
December 1992 are citizens of India by descent if their father was a citizen of India at the
time of their birth.
Persons born outside India on or after 10 December 1992 are considered citizens of India
if either of their parents is a citizen of India at the time of their birth.
From 3 December 2004 onwards, persons born outside of India shall not be considered
citizens of India unless their birth is registered at an Indian diplomatic mission within one
year of the date of birth
4. Citizenship by registration- The Central Government may, on an application, register as
a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an
illegal migrant) if he/she belongs to any of the provided categories under the Act.

2. 5. Citizenship by naturalization- Citizenship of India by naturalization can be acquired by
a foreigner who is ordinarily resident in India , i.e. for 5 years immediately preceding the
date of application. The requirement of residence in India for citizenship
by naturalization has been reduced from 11 years to 5 years for migrants covered under the
Act.
The Citizenship (Amendment) Act, 2019
The Citizenship (Amendment) Act, 2019 (CAA) is an Act, passed by the Parliament of India,
which amends the Citizenship Act of 1955 to grant citizenship under the assumption of religious
persecution to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from
Afghanistan, Bangladesh and Pakistan, who entered India on or before 31 December 2014.
The Citizenship Amendment Bill, 2019 (CAB) was passed by the Indian Parliament on December
11, 2019 with 125 votes in favor and 105 votes against. The bill received formal approval from
President Ram Nath Kovind on December 12, 2019.
The Amendment only benefits Hindu, Sikh, Jain, Buddhist, Christian and Parsi refugees
from Afghanistan, Pakistan and Bangladesh who sought refuge in India before 2015, but leaves
out Muslims and others from these countries, and refugees from other countries, who will remain
illegal foreigners. Among the excluded refugees are Tamil Hindu refugees from Sri
Lanka, Rohingya Muslims and Hindu refugees from Myanmar, and Buddhist refugees from Tibet.
THOSE INCLUDED IN CAA THOSE EXCLUDED FROM CAA
1. Hindu
2. Sikh
3. Jain
4. Buddhist
5. Christians
6. Parsi
From Afghanistan, Pakistan and Bangladesh.
1. Muslims from Afghanistan, Pakistan
and Bangladesh
2. Tamil Hindu Refugees from Sri Lanka
3. Rohingya Muslims
4. Hindu Refugees from Myanmar
5. Buddhist refugees from Tibet

3. NPR and NRC
According to the Citizenship Rules, notified on December 10, 2003, NPR is a register of the usual
residents of the country. A usual resident is a person who has resided in a local area for the past
6 months or more or a person who intends to reside in that area for the next 6 months or more, it
includes both demographic and biometric data. NRC is a register containing details of Indian
Citizens living in India and outside India.
NPR also includes a foreigner staying in an area for more than six months. NRC will contain
details of only the citizens of India excluding the foreigners staying in India.
 Section 14A, Citizenship Act, 1955-
“(1) The Central Government may compulsorily register every citizen of India and issue national
identity card to him. (2) The Central Government may maintain a National Register of Indian
Citizens and for that purpose establish a National Registration Authority.”
Connection between CAA and NRC-
The people who are unable to produce required documents to prove their citizenship and inclusion
in the NRC will be accepted as migrants and given Indian citizenship under the Bill provided they
are Hindus, Sikhs, Buddhists, Christians, Parsis and Jains but not Muslims; and the latter would
risk becoming stateless because they are not included under the Bill.
ARGUMENTS FOR CAA AND NRC ARGUMENTS AGAINST CAA AND NRC
1. Speedy route to legalize migration and
provide citizenship to illegal
immigrants.
2. Filters and helps identify terrorists and
plotters posing as persecuted migrants
3. Gives protection to religious minorities
seeking refuge in India from Pakistan,
Afghanistan, and Bangladesh.
1. Citizenship provided only to selected
migrants on the ground of religious
persecution.
2. Discriminates on the basis of religion
and has the potential to be used to
target legal Muslim citizens and
residents in India without proper
documents or those who do have
proper documents in possession.

4. 3. CAA does not include any other
ground for granting citizenship other
than on religious grounds, which is a
violation of Article 14 and 21 of the
Indian Constitution which guarantee
equal protection before law and right to
life and liberty, to live with dignity.
4. Disturbs demographics in Assam and
other North eastern states.
5. Disrupts peace and communal
harmony in India among religious and
cultural groups.