GS paper 2
Syllabus: Parliament-Structure, functioning and conduct of business, Indian Constitution-features, amendments, significant provisions and basic structure etc
Context: The Supreme Court will hear petitions challenging the Citizenship (Amendment) Act (CAA). The hearing could have an impact on the unresolved status of Indian-origin Tamils who repatriated from Sri Lanka
Background of the Issue:
For over four decades, nearly 30,000 Indian-origin Tamils have been classified as stateless persons, based on technicalities. The recent Citizenship act will need to be amended to include them under it.
After the Civil-War steps by India for Indian-Origin Tamils:
- Welfare: Refugee welfare and rehabilitation
- Refugee status: To both Indian-origin Tamils and Sri Lankan Tamil refugees
- Illegal migrants’ as per the CAA 2003: Indian-origin Tamils who arrived after 1983 without authorized channels or proper documentation were declared illegal migrants.
Judicial stand:
- Ulaganathan vs Government of India (2019):
- Continuous period of statelessness of Indian-origin Tamils affects their fundamental right under Article 21.
- The Union Government has the power to grant relaxation in conferring citizenship.
- Abirami S. vs The Union of India(2022):
- Principles of the CAA, 2019, would also apply to Sri Lankan Tamil refugees.
Global practices:
- The United States: Immigration and the Nationality Technical Corrections Act retroactively grant citizenship to all children born to an alien father and citizen mother.
- Brazil: Through Constitutional Amendment of 2007 retroactively granted citizenship to children under jus sanguinis.
- Jus sanguinis: It is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents.
Way forward:
Given their genealogical link to India, the Government of India needs to consider extending citizenship benefits to them in accordance with Indian bilateral obligations and international humanitarian principles and international conventions.
Constitutional provisions:
● Article 5: All those domiciled and born in India were given citizenship.
● Article 6: It provided the rights of citizenship of certain persons who have migrated to India from Pakistan.
● Article 7: Provided Rights of citizenship of certain migrants to Pakistan.
● Article 8: Provided Rights of citizenship of certain persons of Indian origin residing outside India.
● Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India.
● Article10: Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
● Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it.
Insta Links:
Citizenship (Amendment) Act Rules
Mains Links:
Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural and practical limitations, suggest remedial measures.(UPSC 2021)
Prelims links:
Q. With reference to citizenship, consider the following statements:
- If any person voluntarily acquires citizenship of a foreign state, he/she will no longer be a citizen of India.
- Parliament along with respective state legislatures can make laws with respect to the acquisition and termination of citizenship.
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (a)
Justification:
Refer to the article above
