Citizenship act 1955

1. Citizenship Act of India: Meaning,
controversies and Cases

2. Citizenship Act
The citizenship law in India has been controversial and
debated in recent years, particularly due to the
enactment of the Citizenship Amendment Act (CAA) in
December 2019. The CAA introduced amendments to
the existing citizenship law and sparked widespread
protests and concerns.
The protests were mainly led by citizens, activists,
students, and members of several political & social
organisations. As the citizenship law has undergone
several changes over the years & remained a heated
matter, the topic has gained immense importance
even from the competitive exam’s point of view.

3. How can the citizenship be
acquired?
Citizenship by Birth: A person is considered a citizen of India by birth if they are
born in the country on or after January 26th, 1950, but before July 1st, 1987.
Also, remember that those born between July 1st, 1987, and December 3rd,
2004, are considered citizens if either of their parents is an Indian citizen or if
neither parent is an illegal immigrant at the time of their birth.
Citizenship by Descent: A person born outside India on or after January 26th,
1950, but before December 10th, 1992, is eligible for Indian citizenship if either
of their parents is an Indian citizen at their birth. But, if the birth occurs after
December 10th, 1992, the person can claim citizenship only if their father is an
Indian citizen.
Citizenship by Registration: Few individuals, like persons of Indian origin who
have resided in India for a specific period, can apply for Indian citizenship
through registration. This provision also applies to persons married to Indian
citizens and minors whose parents are Indian citizens.

4. Citizenship by Naturalization: Foreigners can acquire
Indian citizenship through naturalization if they have
resided in India for a minimum period of 11 years out
of the 14 years preceding their application. The
government can even relax this requirement for
specific categories of applicants, like refugees etc.
Note: The dates mentioned in the context of Indian
citizenship in these provisions, such as January 26,
1950, and July 1, 1987, etc., are determined through
legislative processes & later amendments to the 1955
Act. These dates simply represent cutoff points which
establish different criteria for acquiring citizenship.
Several factors, like social, political & legal
considerations, influence the decision to introduce
these dates.

10. What is CAA 2019?
The Indian government introduced the Citizenship
Amendment Act (CAA) in December 2019, which
attracted immense public outrage and legal debates.
The CAA granted citizenship to illegal immigrants
belonging to six religious communities (Hindu, Sikh,
Christian, Buddhist, Jain, and Parsi) from Pakistan,
Afghanistan, and Bangladesh, who entered India
before December 31, 2014.
But the question is, why was this amendment
criticised? This Act faced criticism for its alleged
exclusion of Muslim immigrants, ultimately leading to
protests, “Delhi Riots”.

15. Why was CAA controversial?
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.
Protests and Controversies: The CAA has been met with widespread protests nationwide, with
concerns raised over its potential impact on secularism and the constitutional rights of Muslim
citizens. It was also stated that this act, combined with the proposed National Register of Citizens
(NRC), could be used to target and marginalize Muslims.
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.
Impact on the Northeastern States: The CAA has impacted the northeastern states of India in the
majority, including Assam, where the issue of illegal immigration has been a longstanding event. It is
argued that the Act could lead to an influx of immigrants from neighbouring countries (the
communities mentioned as per the Act) and have adverse socio-cultural & political effects on the
indigenous populations of these states.
Potential for Statelessness: The CAA's implementation in combination with the NRC, has raised
serious concerns about rendering few individuals stateless. If any person cannot provide sufficient
documentation to prove their citizenship under the NRC process, they may face the risk of being
excluded.

16. 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:
Assam
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.
Now, let’s go through one of the most important topics; the Assam Accord.
What is the Assam Accord?
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. Here are
some key provisions of the Assam Accord:
Detection and Deportation:

17. 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).
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 re-organisation 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
As stated earlier, citizenship issues have mostly prevailed in the northeastern areas of our country, and Manipur,
which is again a northeastern state, has also witnessed citizenship-related controversies due to its proximity to
neighboring 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.

18. 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

19. 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.
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.
Termination of Indian Citizenship
Citizenship can be terminated in 3 possible ways:
Renunciation: If any Indian citizen who is also a national of another country renounces his Indian citizenship through a declaration in the
prescribed manner, he ceases to be an Indian citizen. When a male person ceases to be a citizen of India, every minor child of his also
ceases to be a citizen of India. However, such a child may, within one year after attaining full age, become an Indian citizen by making a
declaration of his intention to resume Indian citizenship.
Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the citizenship of any foreign country.
Deprivation: The government of India can sometimes deprive a person of citizenship. But this is not applicable to all citizens. It is applicable
only in the case of citizens who have acquired the citizenship by registration or naturalisation or only by Article 5 Clause (c) (which says
citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately
preceding the commencement of the Constitution).