Decoding Citizenship: CAA, NPR, and NRC Explained for UPSC Aspirants

Introduction: The Citizenship Conundrum

The concept of citizenship, while fundamental to a nation-state, has become one of the most debated topics in contemporary India. For UPSC aspirants, a thorough understanding of the constitutional provisions, legislative acts, and the socio-political controversies surrounding citizenship is crucial. This article breaks down the issues related to the Citizenship (Amendment) Act (CAA), the National Population Register (NPR), and the National Register of Citizens (NRC) from a civil services examination perspective.

Constitutional Framework of Indian Citizenship

Part II of the Indian Constitution, encompassing Articles 5 to 11, deals with citizenship. It's important to note that these articles primarily identified who would be considered citizens of India at the commencement of the Constitution (January 26, 1950). They did not lay down a comprehensive, permanent law.

Article 5: Citizenship at the commencement of the Constitution for those domiciled in India.
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7: Rights of citizenship of certain migrants to Pakistan.
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India.
Article 9: A person voluntarily acquiring citizenship of a foreign state will not be a citizen of India.
Article 10: Continuance of the rights of citizenship.
Article 11: Empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to it.

This power granted under Article 11 is the basis for the Citizenship Act, 1955.

The Citizenship Act, 1955: The Foundation

The Citizenship Act, 1955, provides for the acquisition and termination of Indian citizenship after the commencement of the Constitution. It originally provided for citizenship primarily by birth (jus soli), making anyone born in India a citizen. However, it has been amended multiple times, making the criteria more stringent.

1986 Amendment: Introduced the condition that at least one of the parents must be an Indian citizen for a person born in India to get citizenship.
2003 Amendment: Further tightened the criteria, stating that a person born in India would be a citizen only if both parents are Indian citizens, or if one parent is an Indian citizen and the other is not an illegal immigrant.

The Citizenship (Amendment) Act, 2019 (CAA)

The CAA, 2019 amended the Citizenship Act, 1955. Its objective is to grant Indian citizenship to specific religious communities who fled religious persecution from three neighboring countries.

Key Provisions:

Eligible Communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. The Act conspicuously excludes Muslims.
Eligible Countries: Pakistan, Bangladesh, and Afghanistan.
Cut-off Date: It applies to those who entered India on or before December 31, 2014.
Relaxation for Naturalisation: The residency requirement for these specific communities to obtain citizenship by naturalisation has been reduced from 11 years to 5 years.
Exemptions: The provisions of the Act do not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura as included in the Sixth Schedule of the Constitution and the area covered under 'The Inner Line' notified under the Bengal Eastern Frontier Regulation, 1873.

Arguments in Favour of the CAA

The government's rationale includes:

Humanitarian Gesture: It is aimed at helping persecuted religious minorities who have faced historical injustices in Muslim-majority neighboring countries.
Fulfilling a Promise: Proponents argue it fulfills a promise made to minorities in these countries at the time of Partition.
Not an Immigration Policy: It is a specific solution for a specific problem and does not alter India's overall immigration laws.
No Impact on Indian Citizens: The government has repeatedly stated that the CAA does not affect the citizenship of any existing Indian citizen, including Muslims.

Criticisms and Concerns Against the CAA

The Act has faced widespread criticism on several grounds:

Violation of Article 14: Critics argue that by making religion a criterion for citizenship, the CAA violates the Right to Equality (Article 14) which guarantees equality before the law to all 'persons', not just 'citizens'.
Against Secularism: It is seen as a departure from the secular principles enshrined in the Preamble and the basic structure of the Constitution.
Exclusionary Nature: The exclusion of Muslims from the list of eligible communities and other persecuted groups like the Rohingya from Myanmar or Tamil Hindus from Sri Lanka is seen as discriminatory.

Understanding Population Registers: NPR and NRC

National Register of Citizens (NRC)

The NRC is a register containing the names of all genuine Indian citizens. So far, a nationwide NRC has not been conducted. The only time it was updated was for the state of Assam, mandated by the Supreme Court to identify illegal immigrants, a process that stemmed from the unique historical context of the Assam Accord of 1985.

National Population Register (NPR)

The NPR is a database of 'usual residents' of the country. A usual resident is defined as a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more. It is mandatory for every usual resident of India to register in the NPR. It is conducted under the provisions of the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

The Contentious Link: CAA, NPR, and NRC

The primary fear among critics is the chronological linkage between the three. The process is apprehended as follows:

The NPR data collection process will commence nationwide.
Based on this data, a list of 'doubtful citizens' could be prepared.
These 'doubtful citizens' will then be asked to provide documentation to prove their citizenship in a nationwide NRC process.
Those who are unable to prove their citizenship and are excluded from the NRC would be deemed illegal immigrants.
Under this scenario, the CAA would act as a 'safety net' for non-Muslims excluded from the NRC, allowing them to acquire citizenship. However, Muslims excluded from the NRC would not have this option, potentially rendering them stateless.

This potential sequence has fueled protests and anxieties across the country, particularly among minority communities.

Way Forward

The issues surrounding citizenship in India are complex, touching upon the very core of the nation's identity. For UPSC aspirants, a balanced perspective is key. The way forward requires a multi-pronged approach:

Judicial Scrutiny: The constitutional validity of the CAA is currently before the Supreme Court. A definitive judgment from the apex court is crucial to settle the legal debate.
Dialogue and Assurance: The government needs to engage in transparent dialogue with all stakeholders to allay fears and build trust regarding the NPR and any potential NRC.
Upholding Constitutional Values: Any legislative or administrative action must be in consonance with the fundamental principles of equality, liberty, and secularism enshrined in the Constitution.
Focus on Governance: Instead of divisive issues, the focus should be on developmental and governance challenges facing the nation.

Understanding these nuances will not only help in the Mains and Prelims but also in the Personality Test, where a candidate's grasp of contemporary national issues is evaluated.