Polity (Citizenship and Current Connotations) by Viraj C. Rane

Model Answer

Question #1. Do you think that the Citizenship Amendment Act goes against the secular republic nature of Indian state and violates Article 14 and Article 25 of the Constitution of India? Critically analyse.

Approach:

• Briefly introduce about the recent debates on the Citizenship Amendment Act. ( 50 words)
• Mention the main features about the Act and the controversy related to it. ( 70 words)
• Provide the arguments in support of this Act then give your own argument that how this Act goes against the Fundamental Rights of the Constitution of India.( 80 words)
• Conclude with your opinion on this Act ( 50 words)

Hints

The primary objective of the Citizenship Amendment Act is to update the Citizenship Act of 1955 to provide for the acquisition and determination of Indian citizenship for a certain category of immigrants. Additionally, this bill relaxes the citizenship criteria for such immigrants and merges the categories of Persons of Indian Origin (PIO) and Overseas Citizen of India (OCI) together.The Citizenship Amendment Act has not been sitting well with the Assamese, as it contradicts the Assam Accord of 1985, which clearly states that illegal migrants heading in from Bangladesh after March 25, 1971, would be deported.

Features of the Bill

• The Bill amends the Citizenship Act, 1955 to make migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship.
• Under the Act, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years.  The Bill relaxes this 11 year requirement to six years for persons belonging to the same six religions and three countries.
• The Bill provides that the registration of Overseas Citizen of India (OCI) cardholders may be cancelled; in case of violation of any law.

Arguments in support of this Act

• Far from being discriminatory in nature, the Citizenship Amendment Bill is a humanitarian gesture towards persecuted minorities in India’s neighbourhood.
• The Bill became a necessity because the Partition happened on religious lines. It addresses the injustices of the cataclysmic events of 1947.
• People belonging to Indic faiths and minority religions in Muslim-majority countries in the neighbourhood have no other place to go, given that most of the territory in question was either part of united pre-Partition India or home to a large number of migrants from British India.
• The proposed law in no way discriminates against India’s minorities.
• The Bill does not violate Article 14 of the Constitution, as the obligation for the government to be religion-neutral applies only to citizens of India.

Why has the bill caused a controversy?

• The Citizenship Amendment Act, which was passed by the Lok Sabha, has led to a political backlash in Assam and caused unrest in the rest of the North-east, with protests by ethnic Assamese groups.
• Assamese organizations say that as a result of the bill the burden of illegal migrants will be passed on to the state alone. The bill drew flak from opposition parties in the Rajya Sabha for excluding Muslims from countries such as Nepal and Sri Lanka.

Key Issues and Analysis

• The Bill makes illegal migrants eligible for citizenship on the basis of religion.  This may violate Article 14 of the Constitution which guarantees right to equality. 
• The Bill allows cancellation of OCI registration for violation of any law.
• The Bill provides that illegal migrants from Afghanistan, Bangladesh or Pakistan who are Muslims, other minorities who do not belong to the above groups (e.g. Jews), or Atheists who do not identify with a religious group will not be eligible for citizenship.  Thus, the provision violates the right to equality guaranteed under Article 14 of the Constitution because it provides differential treatment to illegal migrants on the basis of their religion.
• Article 14 guarantees equality to all persons, citizens and foreigners.  It only permits laws to differentiate between groups of people if the rationale for doing so serves a reasonable purpose.
• The Statement of Objects and Reasons of the Bill does not explain the rationale behind differentiating between illegal migrants on the basis of the religion they belong to. 
• The Bill adds another ground for cancelling OCI registration, which is violation of any law of the country by an OCI.  This means that even offences with: (i) lesser penalties, or (ii) which have been committed after five years of registration could be covered under the Bill.  This makes the earlier provision redundant. 
• The bill also grants the central government wide discretion to cancel OCI registration for a range of violations.  This will include serious offences like murder, as well as minor offences like violation of a traffic law (such as parking in a no-parking zone or jumping a red light).  The question is whether minor violations should result in cancellation of OCI registration, which may require an OCI, staying in India, to leave the country.
• Citizenship in India is currently covered under two legislations: Part II of the Constitution of India, 1950 and the Citizenship Act, 1955. However, neither of these legislations has defined citizenship clearly and only provides the prerequisites for a “natural” person to acquire Indian citizenship.

Conclusion:

The Indian democracy is based on the concept of welfare and secular state. A progressive constitution is the law of the country, whereArticle 21 provides the Right of a dignified life. So, it becomes a moral obligation of the state to allay thefears of minority communities, if any. Hence, the classification done in CAA on the basis of country of originand religious minorities can be made more inclusive.

The critics say that CAA violates the Constitution’s Article 14, the fundamental right to equality to all persons. This basic structure of the Constitution cannot be reshaped by any Parliament. But, the government maintains that it does not discriminate or violate the right to equality. Howver, the classification done in CAA on the basis of country of originand religious minorities can be made more inclusive.

Question #2. Explain the concept of Citizenship from the point of view of it being his/her National Identity

Approach:

What is Citizenship?

What is National Identity?

Relation between the two.

Conclusion

Hints:

Citizenship and national identity are interconnected concepts, but they are not exactly the same thing. Citizenship refers to the legal status of an individual as a member of a particular nation or country, granting them specific rights and responsibilities within that nation's borders. It is a formal relationship between an individual and the state.

National identity, on the other hand, is a more abstract and subjective concept. It refers to the shared sense of belonging and common cultural, historical, and social characteristics that define a group of people within a nation. National identity encompasses the collective values, traditions, language, customs, and symbols that help create a sense of unity among the citizens of a country.

In many cases, citizenship and national identity are closely linked. When people become citizens of a country, they often adopt or are expected to embrace the national identity of that country. They are encouraged to identify with the history, culture, and values of their new homeland. This assimilation is a way to foster social cohesion and integration within the country.

However, it's essential to recognize that national identity can be a complex and evolving concept, especially in countries with diverse populations or multicultural societies. People with different ethnic, religious, or cultural backgrounds may identify with various aspects of national identity or may have a unique identity that combines elements from multiple sources.

It's also worth noting that citizenship and national identity can raise discussions and debates about inclusion, exclusion, and the criteria for becoming a citizen in certain countries. Some countries have more inclusive policies, accepting dual citizenship and recognizing diverse identities, while others have stricter requirements and may emphasize a more homogeneous national identity.

Overall, citizenship and national identity are intertwined concepts that play crucial roles in shaping individuals' and communities' sense of belonging to a country. Both aspects contribute to the complex fabric of a nation's social and political life.