TAG: GS 2: POLITY
THE CONTEXT: Despite being enacted in December 2019, the Citizenship (Amendment) Act (CAA) faced a delay in implementation due to the non-notification of rules.
EXPLANATION:
- The long-awaited move to notify the rules has finally materialized, bringing the CAA closer to realization.
- The Ministry of Home Affairs announced the notification of the rules just days before the anticipated announcement of the Lok Sabha election schedule.
- This timing suggests a calculated approach by the government, potentially intending to address key electoral considerations related to the CAA.
- The CAA, which aimed to expedite the process of granting Indian citizenship to specific religious communities from neighboring countries, excluding Muslims, was passed by the Lok Sabha in December 2019 and later by the Rajya Sabha.
- The President’s assent was obtained on December 12, 2019, triggering widespread protests across the nation.
The Citizenship (Amendment) Act, 2019, includes rules that were recently notified by the Indian government.
- Here are the key points regarding the rules of the Citizenship (Amendment) Act:
- The law aims to provide citizenship to Hindus, Jains, Christians, Sikhs, Buddhists, and Parsis who arrived in India on or before December 31, 2014, from Bangladesh, Pakistan, and Afghanistan.
- Eligible immigrants must have resided in India for at least one year in the last 14 years to qualify for Indian citizenship. This marks a reduction from the previous requirement of 11 years for citizenship by naturalization.
- The law exempts tribal areas of Assam, Meghalaya, Mizoram, and Tripura as included in the Sixth Schedule of the Constitution from its provisions.
- The rules also outline the application process for citizenship by registration or naturalization, including documentation requirements and language proficiency declarations.
- The Act has faced criticism and protests in various parts of the country since its passage in December 2019 due to concerns about exclusion and discrimination.
- These rules signify a significant development in India’s citizenship framework and aim to grant citizenship to persecuted minorities from neighboring countries based on religious grounds.
- According to earlier reports, the entire process of implementing the CAA is expected to be conducted online.
- Applicants will have the convenience of applying from their mobile phones. The system is designed to process applications without requiring additional documents, and those who applied after 2014 will have their requests adjusted in line with the new rules.
Citizenship:
- Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.
- The Citizenship Act, 1955 is the legislation dealing with citizenship.
- This has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005, Citizenship (Amendment) Act, 2019.
- Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).
- As per the Citizenship Act, 1955, Citizenship of India can be acquired in the following ways:
- Citizenship at the commencement of the Constitution
- Citizenship by birth
- Citizenship by descent
- Citizenship by registration
- Citizenship by naturalization
- By incorporation of territory (by the Government of India)