Conflict Over Citizenship Evidence and Status
The article addresses the complex relationship between evidence of citizenship and the legal status of being a citizen in India. Even possessing an Indian passport or being on electoral rolls does not necessarily confirm one's citizenship, due to the potential for forgery. This issue gains prominence amid the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls.
Legal Challenges Against SIR
- ECI does not have the authority to determine citizenship; only the Ministry of Home Affairs (MHA) does.
- There is no legal provision for a mass SIR; it should be done selectively.
- Determining if a person is a foreigner falls under the jurisdiction of the MHA and quasi-judicial bodies like Foreigners Tribunals.
The ECI argues that verifying citizenship status is essential to fulfilling its constitutional duty to assess voter eligibility. The Supreme Court's acceptance of these arguments remains uncertain, but the debate extends beyond legal to philosophical grounds, questioning the assumption that all residents are citizens unless proven otherwise.
Questions of Citizenship and Legal Frameworks
The Citizenship Act, 1955, mandates the registration of every citizen and the issuance of a National Identity Card. However, no single document universally proves Indian citizenship.
The National Register of Citizens (NRC), part of the National Population Register (NPR), is designated to include only verified citizens. As of 2010, the NPR data covers 119 crore residents, but its future updates remain uncertain.
Citizenship by Birth and Jus Soli
- Before July 1, 1987: Citizenship by birth in India regardless of parents' status.
- Between July 1, 1987, and December 2, 2004: Citizenship granted only if one parent is a citizen.
- After December 3, 2004: One parent must be a citizen, and the other cannot be an illegal migrant for citizenship by birth.
Amendments to the Citizenship Act in 2003 further defined and excluded 'illegal immigrants' from citizenship by birth.
Citizenship (Amendment) Act, 2019
This Act controversially introduced a religious criterion for citizenship eligibility, further complicating the legal landscape for determining citizenship.
NRC and Practical Challenges
The NRC initiative, prominent in BJP's 2019 manifesto, became less emphasized by 2024. The Assam Accord and subsequent citizenship laws created distinct regimes for Assam, leading to a draft NRC in 2019, where 19 lakh residents were marked as 'D' (Doubtful citizenship).
Once marked 'D', individuals face potential suspension of voting rights and legal proceedings by foreigner tribunals, relying heavily on legacy documentation.
Conclusion: The Burden of Proof
The responsibility primarily lies with individuals to prove their citizenship, highlighting a fundamental tension between democratic principles and state authority. This paradox underscores the current citizenship discourse in India.
