PART-II: CITIZENSHIP

India's deportation of Rohingya refugees has sparked debate over international and domestic law.

• Non-Refoulement: A customary international law principle preventing states from deporting refugees to places where their lives are threatened. Though not a signatory to the 1951 Convention, some argue this customary norm still binds India.
• Constitutional Protection: Article 21 (Right to Life) and Article 14 (Right to Equality) apply to persons, not just citizens. Supreme Court precedents state the government cannot arbitrarily deprive any human being of life or liberty.
• Government Stance: India lacks specific refugee legislation, relying on the Foreigners Act, 1946, which grants the Centre unbridled power to deport foreign citizens.

Because India lacks a specific refugee law, the state relies on a patchwork of historical acts:

• Foreigners Act, 1946 (Section 3): Empowers the Central Government to detect, detain, and deport illegal foreign nationals.
• Passport (Entry into India) Act, 1920 (Section 5): Allows authorities to forcibly remove an illegal foreigner under Article 258(1) of the Constitution.
• Registration of Foreigners Act, 1939: Mandates that all foreign nationals (excluding OCIs) visiting India on a long-term visa (>180 days) must register with a Registration Officer within 14 days of arrival.

• Fundamental Rights exclusive to Citizens: Articles 15 (protection against discrimination), 16 (equality of opportunity in public employment), 19 (freedom of speech, assembly, movement, etc.), 29 and 30 (cultural and educational rights).
• Political Rights: The right to vote in elections to the Lok Sabha and State Legislative Assemblies, and the right to contest elections to Parliament and State Legislatures.
• Public Offices: Eligibility to hold high constitutional offices such as the President, Vice-President, Judges of the Supreme Court and High Courts, Governor of States, Attorney General, and Advocate General.

1. They were born in the territory of India.
2. Either of their parents was born in the territory of India.
3. They had been ordinarily resident in India for not less than five years immediately preceding the commencement of the Constitution.

• Migrated BEFORE July 19, 1948: Deemed citizen if they resided in India ordinarily since the date of migration.
• Migrated ON or AFTER July 19, 1948: Must be registered as a citizen by an appointed officer. Requires residing in India for at least six months immediately before applying.

• Article 16(3): Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957, allowing residence requirements for non-Gazetted posts. While the original framework expired, residency-based employment safeguards operate via Article 371D for Andhra Pradesh and Telangana, and via Article 371J for the Hyderabad-Karnataka region.
• Article 15: States are prohibited from discriminating only on grounds of religion, race, caste, sex, or place of birth—not residence. States can grant educational fee concessions to their residents.
• Article 19: Free movement and residence can be restricted to protect Scheduled Tribes, safeguarding their culture, language, customs, property, and traditional vocations.
• Former Article 35A (Jammu & Kashmir): Allowed the J&K Legislature to define "permanent residents". Revoked completely in 2019 by 'The Constitution (Application to Jammu and Kashmir) Order, 2019'.

1. By Birth:
   • Born between 26 Jan 1950 and 1 July 1987: Citizen by birth regardless of parents' nationality.
   • Born between 1 July 1987 and 3 Dec 2004: Citizen if at least one parent was an Indian citizen at birth.
   • Born on/after 3 Dec 2004: Citizen only if both parents are Indian citizens OR one parent is a citizen and the other is not an illegal migrant.
   • Exception: Children of foreign diplomats and enemy aliens born in India cannot acquire citizenship by birth.
2. By Registration:

   The Central Government may register specific categories of people (who are not illegal migrants) upon application. All categories must take an Oath of Allegiance before registration.

   • PIOs: Persons of Indian Origin ordinarily resident in India for 7 years, OR residing in any country outside undivided India.
   • Marriage: Persons married to Indian citizens and ordinarily resident in India for 7 years.
   • Minors & Dependents: Minor children of Indian citizens, or persons of full age whose parents are registered as citizens.
   • Former Citizens: Persons of full age (or their parents) who were earlier citizens of independent India, resident for 12 months.
   • OCI Route: A person registered as an Overseas Citizen of India (OCI) cardholder for 5 years, and ordinarily resident in India for 12 months before applying.
3. By Acquisition of Territory:
   • If a foreign territory becomes part of India, the Government specifies which residents of that territory become Indian citizens.
   • Example: When Pondicherry became part of India in 1962, the Government issued the Citizenship (Pondicherry) Order, 1962.
4. By Naturalisation:
   • For foreign nationals with no lineage/marital ties to India. Requirements:
     • Must renounce their foreign citizenship.
     • Must have resided in India (or served the government) continuously for 12 months immediately preceding the application.
     • Must have resided in India for at least 11 years out of the preceding 14 years.
     • Must possess good character and adequate knowledge of a language specified in the 8th Schedule.
   • Example: Adnan Sami, a Pakistani citizen, was granted Indian citizenship via naturalisation in 2016 after meeting the residency criteria.

   Note: Every naturalised citizen must strictly take an Oath of Allegiance to the Constitution of India.

   Naturalisation Waivers & Languages:

   • Distinguished Service: The Government may waive all or any naturalisation conditions for individuals who have rendered distinguished service to science, philosophy, art, literature, world peace, or human progress.
   • 8th Schedule Requirement: The applicant must have adequate knowledge of at least one of the 22 recognized languages: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu.
5. By Descent:
   • Born outside India between 26 Jan 1950 and 10 Dec 1992: Citizen if father was an Indian citizen at the time of birth.
   • Born outside India between 10 Dec 1992 and 3 Dec 2004: Citizen if either parent was a citizen (introduced gender equality in descent rules).
   • Born outside India on/after 3 Dec 2004: Not a citizen unless the birth is registered at an Indian consulate within one year of birth.
   • Strict Conditions for Post-2004 Births: The registration application must include a written undertaking from the parents that the minor child does not hold a passport of another country.
   • Attaining Majority: A minor who is a citizen by descent and also holds foreign citizenship will automatically lose Indian citizenship if they do not renounce their foreign nationality within 6 months of attaining full age (18 years).

1. By Termination (Automatic):
   • If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship is automatically terminated.
   • Exception: This provision is suspended during a war in which India is actively engaged.
2. By Deprivation (Government Action):
   • Compulsory deprivation of citizenship by the Central Government on specific statutory grounds under Section 10:
     • If citizenship was obtained by fraud, false representation, or concealment of material facts.
     • If the citizen has shown disloyalty to the Constitution of India.
     • If the citizen has unlawfully traded or communicated with an enemy during a war.
     • If, within 5 years of registration/naturalisation, the citizen is sentenced to imprisonment in any country for 2+ years.
     • If the citizen has been ordinarily resident out of India continuously for 7 years without registration.
3. By Renunciation (Voluntary):
   • Any adult Indian citizen of sound mind can make a declaration renouncing their citizenship.
   • Upon registration of this declaration, they cease to be an Indian citizen. Consequently, their minor children also lose Indian citizenship. However, such children can resume citizenship by making a declaration within one year of turning 18.

• Aug 19, 2002: PIO Card scheme introduced.
• 2003 CAA: Removed Commonwealth Citizenship and introduced the OCI scheme limited to PIOs of 16 specified countries.
• 2005 CAA (Dec 2, 2005): OCI card formally launched and eligibility expanded to all countries, except Pakistan and Bangladesh.
• 2015 CAA (Jan 9, 2015): The PIO scheme was officially rescinded due to confusion, and all PIO cardholders were deemed OCI cardholders.

1. Must belong to one of the 6 minority religious communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. (Excludes Muslims).
2. Must have migrated from one of the 3 neighboring countries: Afghanistan, Pakistan, and Bangladesh.
3. Must have entered India on or before December 31, 2014.

Section 6A is a special provision inserted in the 1955 Act following the Assam Accord. It set a unique timeline for citizenship in Assam:

• Before Jan 1, 1966: All persons of Indian origin entering Assam from Bangladesh are deemed citizens.
• Jan 1, 1966 to March 24, 1971: Migrants are granted citizenship, but their voting rights are suspended for 10 years from the date of detection as foreigners.
• After March 24, 1971: The strict cut-off date for identification and deportation of illegal migrants.

Note: In 2024, a Constitution Bench of the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act.

• Statutory Body: UIDAI operates under the Ministry of Electronics and Information Technology (MeitY).
• RTI Applicability: UIDAI is not exempted from the RTI Act of 2005, though some security restrictions apply.
• Blue Aadhaar: A specific variant issued to children up to 5 years of age (no biometrics captured).
• Data Captured: Demographic (Name, DOB, Gender, Address) and Biometric (10 fingerprints, 2 iris scans, facial photograph).

• 1948 Citizenship Act (Sri Lanka): Excluded IOTs to consolidate the Sinhalese political base, rendering hundreds of thousands stateless.
• This systemic alienation directly fueled ethnic violence and the civil war in the 1970s and 1980s.