Humanising of Citizenship Law, SC Verdict

The Supreme Court denounced the manner in which citizenship proceedings were initiated against Assam residents. 

Supreme Court Stance Regarding Citizenship Proceedings

• Burden of Proof
  • The Supreme Court clarified that Section 9 of the Foreigners Act, 1946, placing the burden of proof on the alleged foreigner, does not eliminate the state’s responsibility to provide the basis for the allegation.
  • The court ruled that the state must share the material upon which the allegation is based before placing the burden of proof on the accused. 
    • This adheres to the principle of natural justice – “audi alteram partem” (no one shall be condemned unheard).
  • Even with a reversed burden of proof, the court emphasized the need for the state to fulfill its initial burden, citing previous judgments.
• Discrepancies in Documents
  • The judgment acknowledged that minor discrepancies in names and dates on documents like voter lists is a common occurrence and should not be the sole basis for declaring someone a foreigner.
• Foreigners’ Tribunals
  • The judgment raised concerns about the legitimacy of the Foreigners’ Tribunals (FTs) established under a colonial law preceding the Indian Constitution.
  • The Court emphasized that the FTs were intended for documented foreigners, not for determining the citizenship of Indian citizens.
  • The judgment criticized the lack of transparency in FT proceedings, where notices often withhold the grounds for allegations.

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How is Citizenship Defined?

• Citizenship refers to a person’s legal status as a member of a sovereign state or a country. 
• This concept gives political and civil rights to the individual and Single Citizenship 
• It is listed in Union list 
• Constitutional Provision regarding citizenship: 
  • Article 5: Citizenship at the Commencement of the Constitution
    • Should be domicile of  India on November 26, 1949.
      • Born in India
      • Either of the parents are born in India
      • Ordinary residents for at least 5 years after the Commencement of the Constitution
  • Article 6: Rights of citizenship for pakistani migrants
  • Article 7:  Rights of citizenship for migrants to Pakistan
    • Legal status: A person who migrated from India to Pakistan after March 1, 1947 will not be considered an Indian citizen.  
    • This rule does not apply on such individuals who returned to India under 
      • resettlement or permanent return permit issued by the authority of any law after migrating to pakistan. 
  • Article 8: Citizenship rights for persons of Indian origin Residing outside India 
    • Individuals of Indian origin currently living in any country outside India, are eligible for Indian citizenship. 
  • Article 9: Voluntary acquisition of foreign citizenship
    • Prohibition: No citizen can claim Indian citizenship under article 5, 6, or 8 if they have willingly acquired citizenship of another country. 
  • Article 10: Continuance of the rights of citizenship
    • Rights Preservation: Anyone recognised as an Indian citizen under the foregoing provisions of this part will retain their citizenship, status, subject to any law enacted by the parliament. 
  • Article 11:  Parliamentary authority over citizenship
    • Parliament has the right to enact laws related to acquisition, termination, and other aspects related to the citizenship 

What are Citizenship proceedings? 

Citizenship proceedings refer to the legal processes and administrative actions involved in determining an individual’s citizenship status. These proceedings can vary depending on the country, but they typically involve the following:

Ways to Acquire Indian Citizenship

Indian citizenship can be acquired through several methods as outlined in the Citizenship Act. Here are the primary ways:

Citizenship Act, 1955 

• Citizenship by Birth
  • Born Between January 26, 1950, and July 1, 1987: Any person born in India during this period is an Indian citizen.
  • Born Between July 1, 1987, and December 3, 2004: A person born in India is a citizen if at least one parent was an Indian citizen at the time of birth.
  • Born After December 3, 2004: A person born in India is a citizen if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant.
  • Exceptions: Citizenship by birth does not apply to children of foreign diplomatic personnel or enemy aliens.
• Citizenship by Descent
  • A person born outside India is an Indian citizen if:
    • Before December 10, 1992: The father was an Indian citizen.
    • After December 10, 1992: Either parent was an Indian citizen.
    • After December 3, 2004: The birth must be registered at an Indian consulate within one year, or permission for delayed registration must be obtained from the Central Government.
• Citizenship by Registration
  • Eligible groups include:
    • Persons of Indian origin who have resided in India for seven years.
    • Persons married to Indian citizens and residing in India for seven years.
    • Minor children of Indian citizens.
    • Other categories specified in the Act.
• Citizenship by Naturalization
  • Foreign nationals can acquire citizenship by naturalization if they have lived in India for 12 years (including the 12 months immediately preceding the application date and 11 of the 14 years preceding those 12 months) and meet other specified qualifications.
• Citizenship by Incorporation of Territory
  • If new territory becomes part of India, the government can specify the people of that territory as Indian citizens.

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Citizenship Amendment Act (CAA) 2019 

• The CAA, 2019, allows for citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014, due to religious persecution.
• Applicants must have lived in India for five years, compared to the 11 years typically required for naturalization.

Termination of Indian Citizenship

Indian citizenship can be terminated in three ways according to the Citizenship Act:

• Renunciation

  • Process: An Indian citizen who is also a national of another country can renounce their Indian citizenship by making a formal declaration.
  • Effect on Family: When a male citizen renounces his Indian citizenship, his minor children also lose their Indian citizenship. However, these children can reclaim their Indian citizenship within one year of reaching adulthood by declaring their intention to resume citizenship.

• Termination

• • Criteria: Indian citizenship is terminated if a citizen knowingly or voluntarily acquires citizenship of another country.

• Deprivation

  • Government Authority: The Indian government can deprive a person of their citizenship under specific circumstances.
  • Applicability: This applies only to individuals who obtained Indian citizenship through registration, naturalisation, or Article 5 Clause (c) of the Constitution (which pertains to those who were domiciled in India and residents for at least five years before the Constitution commenced).

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