Context: The U.S. President Donald Trump issued an executive order stating that U.S. citizenship will be granted in the future only to children with parents holding U.S. citizenship or a U.S. green card. In this context, let us understand the concept of citizenship, the legal system surrounding it in the USA and India.
Relevance of the Topic: Prelims: Key facts about Citizenship.
Concept of Citizenship:
- Citizenship refers to full and equal membership of a nation and owe allegiance to it. It grants individuals civil rights, political rights, fundamental rights, and responsibilities. Hannah Arendt described it as the "right to have rights." For example:
The Constitution confers the following rights and privileges on the citizens of India:
- Right against discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
- Right to equality of opportunity in the matter of public employment (Article 16).
- Right to freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19).
- Cultural and educational rights (Articles 29 and 30).
- Right to vote in elections to the Lok Sabha and state legislative assembly.
- Right to contest for the membership of the Parliament and the state legislature.
- Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the High Courts, Governor of states, Attorney General of India, and Advocate General of states.
- Along with the above rights, the citizens also owe certain duties towards the Indian State, as for example, paying taxes, respecting the national flag and national anthem, defending the country and so on.
Principles of Citizenship
- Jus Soli ("Right of Soil")
- Citizenship is granted based on place of birth, regardless of parents' nationality.
- Followed by North & Latin American countries (e.g., U.S., Canada, Mexico, Brazil).
- Jus Sanguinis ("Right of Blood")
- Citizenship is determined by the nationality of parents rather than place of birth.
- Followed by many African, European, and Asian nations (e.g., Germany, India, Egypt).
Citizenship Laws in the U.S.
- The 14th Amendment (1868) guarantees citizenship to all persons born or naturalized in the U.S.
- The U.S. Supreme Court (1898) reaffirmed this right, regardless of parents' citizenship.
- The Trump administration's executive order (2024) sought to restrict birthright citizenship to children of U.S. citizens or Green Card holders.
- A federal court stayed the order, calling it "blatantly unconstitutional."
Note:
- In India, both citizens by birth as well as naturalised citizens are eligible for the office of President while in the USA, only a citizen by birth and not a naturalised citizen is eligible for the office of President.
Evolution of Citizenship rules in India
- Citizenship in India is governed by the Citizenship Act, 1955.
- Before 1987: India followed jus soli – anyone born in India was granted citizenship.
- 1987–2004: At least one parent had to be an Indian citizen for the child to get Indian citizenship.
- Since 2004: Both parents must be Indian citizens, or one parent should be a citizen while the other not an illegal immigrant (to prevent illegal migration, particularly from Bangladesh).
- Citizenship Amendment Act (CAA), 2019: It grants accelerated citizenship to Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis from Pakistan, Afghanistan, and Bangladesh if they entered India before December 31, 2014.