Key Distinctions between the Citizenship Act 1955 and the Citizenship Amendment Act 2019

 
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The Citizenship Act 1955 and the Citizenship Amendment Act 2019 (CAA) are both Indian laws dealing with acquiring Indian citizenship, but they differ in several key ways:

1. Grounds for citizenship:

  • Citizenship Act 1955: This Act outlines various ways to acquire Indian citizenship, including birth in India, descent from Indian parents, registration, and naturalization. The naturalization process typically requires residency for 11 years and fulfilling other requirements like good character and knowledge of Hindi or other Indian languages.
  • Citizenship Amendment Act 2019: This Act amends the Citizenship Act 1955 by introducing a fast-tracked path to citizenship for certain religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) facing persecution in Afghanistan, Bangladesh, and Pakistan. This path requires residency in India for only 5 years, significantly shorter than the usual naturalization process.

2. Rationale and controversy:

  • Citizenship Act 1955: This Act was enacted after independence to create a framework for citizenship in the newly formed Indian republic. It aimed to be inclusive and provide various avenues for people to become Indian citizens.
  • Citizenship Amendment Act 2019: This Act has been met with criticism for being discriminatory towards Muslim communities who are not explicitly included in the list of eligible persecuted minorities. Additionally, concerns have been raised about its potential to undermine India's secular values and create divisions within the country.

3. Legal challenges:

  • Citizenship Act 1955: While the Act has been challenged in courts on various grounds, it remains in effect.
  • Citizenship Amendment Act 2019: The CAA is currently facing legal challenges in the Supreme Court of India, with petitioners arguing that it is unconstitutional and discriminatory.

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