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DAILY CURRENT AFFAIRS, 09 DECEMBER 2023

ARTICLE 370

 

1. Context

The Supreme Court, on Monday (December 11), will pronounce its verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution

2. Article 370 of the Indian Constitution

Article 370 of the Indian Constitution is a provision that granted special autonomous status to the state of Jammu and Kashmir (J&K). It played a crucial role in shaping the relationship between the Indian government and the region but has also been a topic of intense debate and controversy. This article aims to provide an overview of Article 370, its historical context, key provisions, and the debates surrounding its revocation.

3. Historical Context

Article 370 was incorporated into the Indian Constitution in 1949, during the process of integrating the princely states into the newly independent India. At the time, Jammu and Kashmir was a princely state ruled by Maharaja Hari Singh. The article was introduced to accommodate the unique circumstances of the region and to respect the wishes of its people.

4. Key Provisions of Article 370:

  • Autonomy: Article 370 granted Jammu and Kashmir a certain degree of autonomy, allowing it to have its own constitution, flag, and the power to legislate on matters other than defense, foreign affairs, and communications.
  • Application of Central Laws: The central government had limited jurisdiction in the state, and its laws were only applicable if the state government specifically consented.
  • Dual Citizenship: Residents of Jammu and Kashmir were considered citizens of both the state and India. This provision was meant to preserve the distinct identity of the region.

5. Contemporary Debates and Criticisms:

  • Integration vs. Alienation: Critics of Article 370 argued that it perpetuated a sense of separatism and hindered the integration of Jammu and Kashmir with the rest of India. They claimed that the special status prevented the extension of progressive laws and policies to the region.
  • Gender Inequality: Another point of contention was the discriminatory provision that denied property rights to women who married individuals from outside the state. This provision was seen as undermining the principles of gender equality and human rights.
  • National Security Concerns: Some argued that the autonomous status provided by Article 370 hindered the Indian government's ability to effectively tackle security challenges in the region, particularly the cross-border militancy.

6. Revocation of Article 370

In August 2019, the Indian government, under the leadership of Prime Minister Narendra Modi, made the historic decision to revoke the special status of Jammu and Kashmir. The government argued that this move would facilitate the integration of the region and bring socio-economic development to its people. However, the revocation was met with mixed reactions, both within and outside of the region.

7. Way forward

Article 370 of the Indian Constitution was a unique provision that granted special autonomous status to the state of Jammu and Kashmir. While it aimed to respect the aspirations of the people of the region, it also sparked debates and controversies. The decision to revoke Article 370 in 2019 marked a significant shift in the relationship between the Indian government and Jammu and Kashmir. The consequences of this decision, both positive and negative, are still unfolding, and the future trajectory of the region remains uncertain.

For Prelims: Article 370, Jammu and Kashmir (J&K), Maharaja Hari Singh, Central laws, Dual Citizenship, Gender inequality.

For Mains: 1. Discuss the historical background and significance of Article 370 of the Indian Constitution. Analyze its provisions and their impact on the governance and autonomy of Jammu and Kashmir. (250 words).

 

Previous year Question

1. When did the Constitution of Jammu and Kashmir come into force? (UPSC CAPF 2016)

A.26th January 1957

B. 15th August 1947

C. 25th July 1956

D.14th November 1947

Answer: A

2. State Legislature of Jammu and Kashmir can confer special rights and privileges on permanent residents of J and K with respect to - (MPSC 2019)

Find the correct options below.

(a) Employment under State Government

(b) Settlement in the state

(c) Acquisition of immovable property

(d) Right to Scholarship

(e) Right to entry into heritage sites

A.  (a), (b), (c), (d), (e)

B. (a), (b), (c), (d)

C. (a), (b), (c)

D. (a), (b)

Answer: B

Source: Indianexpress

INDIAN POST OFFICE BILL 2023

 
 

1. Context

 
Recently, The Rajya Sabha passed the Post Office Bill which repeals and replaces the Post Office Act of 1898. The Bill, the government said, will ensure the effective functioning of the postal department as a messenger service and as a provider of banking facilities. 
 
 
2. The Post Office Bill, 2023

The Post Office Bill, 2023, aims to modernize India's postal services by replacing the outdated Indian Post Office Act, 1898. This bill seeks to enhance the efficiency and effectiveness of India Post by introducing several significant changes.

Key Features 

  • The Act grants exclusive privileges to the central government for conveying letters and related services. The Bill, however, omits such privileges while maintaining India Post's exclusive authority over issuing postage stamps.
  • The Act specifies postal services, including letter and parcel delivery and money orders. In contrast, the Bill allows the central government to prescribe services for India Post.
  • Both the Act and the Bill provide for a Director General of Postal Services. While the Act empowers the Director General to decide the time and manner of delivery, the Bill grants broader regulatory authority. The Director General may now make regulations on various aspects of postal services, charges, and the supply of postage stamps.
  • The Act permits interception based on a public emergency, safety, or tranquillity, with designated authorities authorized to detain or dispose of intercepted shipments. The Bill expands interception grounds to include security, foreign relations, public order, emergency, public safety, or contravention of the Bill or other laws. An officer, empowered by the central government, can conduct interceptions.
  • The Act allows officers to examine postal articles suspected of containing prohibited or dutiable goods. The Bill removes this power, proposing that the central government may authorize an India Post officer to deliver such articles to customs or specified authorities for appropriate action.
  • Both the Act and the Bill maintain exemptions from government liability for loss or damage to postal articles, with specific liabilities outlined in the Rules. The Bill adds flexibility by allowing the central government to prescribe liability for India Post services.
  • The Jan Vishwas (Amendment of Provisions) Act, 2023 already removed offences and penalties from the Act. The Bill aligns with this by not introducing new offences, except for the recovery of unpaid amounts as arrears of land revenue.
 

Key Issues and Analysis 

  • The Bill does not address the existing regulatory differentiation between public and private postal services. While the 1898 Act governs government postal services, private courier services lack specific legislation. Variances in interception provisions and consumer protection framework persist.
  • The Bill lacks specified procedural safeguards against the interception of postal articles, potentially infringing on fundamental rights like the right to privacy and freedom of speech. The absence of a just and fair procedure, as mandated by the Supreme Court, raises concerns.
  • The inclusion of 'emergency' as a ground for interception may be constitutionally questionable, as arbitrary grounds for restricting freedom of speech and expression are deemed unconstitutional.
  • The Bill absolves India Post from liability, placing the responsibility of prescribing liability on the central government through Rules. This arrangement may create a conflict of interest, as the same entity administering India Post dictates liability.
  • While the Consumer Protection Act, 2019 doesn't apply to government postal services, the Bill's retention of liability provisions from the 1898 Act might leave consumers of India Post inadequately protected.
  • The Bill's liability framework contrasts with the Railways, where the Railway Claims Tribunal Act, 1987 establishes tribunals for addressing complaints against lapses in services.
  • The removal of offences and penalties under the Bill, akin to the Jan Vishwas Act, raises concerns about potential violations of individual privacy. Specific violations related to postal services are not covered under other laws, leaving actions without consequences.
  • The Bill lacks clarity on the consequences for officers engaging in fraudulent or willful actions causing loss, delay, or misdelivery of services. Unlike the previous legal provisions, the Bill does not specify the repercussions for such acts.
 
 

3. About the India Post Office Act 1898

The India Post Office Act 1898 is a law that governs the postal system in India. It was enacted on 22nd March 1898 and came into effect on 1st April 1898. The Act provides for the establishment and maintenance of post offices, the regulation of postal services, and the collection and delivery of mail.

 

Key features of the Act

  • The Act establishes India Post as a government department responsible for providing postal services throughout the country.
  • It grants India Post the exclusive privilege of conveying letters by post and performing incidental services such as receiving, collecting, sending, and delivering letters.
  • The Act empowers India Post to issue postage stamps and other postal stationery.
  • It also provides for the regulation of postal services, including the setting of tariffs and the issuance of licenses to private courier companies.
  • The Act grants the government the power to intercept and detain postal articles in certain circumstances, such as in the interest of public safety or national security.

 

4. Amendments to the India Post Office Act 1898

The Act has been amended several times over the years to keep pace with changing times. Some of the most important amendments include:

  • The Indian Post Office (Amendment) Act 1991, which introduced the concept of speed post services.
  • The Indian Post Office (Amendment) Act 1999, which allowed India Post to provide financial services.
  • The Indian Post Office (Amendment) Act 2011, which increased the limit on money orders and authorized India Post to act as an agent for the government in the disbursement of social security benefits.
 
 

5. Conclusion

 
The Post Office Bill, 2023 introduces several changes with potential implications for individual rights, privacy, and consumer protection. Addressing these key issues is crucial for ensuring a balanced and constitutionally sound regulatory framework for postal services in India.
 
 
For Prelims: The Post Office Bill, 2023, India Post Office Act 1898, Consumer Protection Act, 2019, Jan Vishwas Act, Railway Claims Tribunal Act, 1987
For Mains: 
1. Discuss the rationale behind the removal of offences and penalties related to postal services in the Post Office Bill, 2023. Do you think this will have a detrimental effect on accountability and ethical conduct within India Post? (250 Words)
 
Source: PRS Legislative

INS VIKRANT 

 

1. Context

Prime Minister Paying homage to the rich maritime heritage of Shivaji, he said that the warrior king’s seal had inspired the new naval ensign that was adopted last year when he had commissioned the first indigenous aircraft carrier, INS Vikrant.
 

2. About INS Vikrant 

  • The Indian Navy's first aircraft carrier, INS Vikrant (R11), holds a significant place in the country's maritime history.
  • Originally named HMS Hercules and built for the British Royal Navy during World War II, the ship's construction was not completed even after the conflict's end.
  • In 1957, the incomplete ship was purchased by India and renamed INS Vikrant. After undertaking further construction, the carrier was finally commissioned in 1961.
  • INS Vikrant served as the Indian Navy's flagship for over three decades, playing a crucial role in the 1971 Indo-Pak War.
  • It launched airstrikes and provided vital support to the Indian forces, contributing significantly to the war's decisive victory. Decommissioned in 1997, the ship became a museum ship before being scrapped in 2014.
  • It's important to distinguish INS Vikrant (R11) from the Indigenous Aircraft Carrier – 1 (IAC-1), also known as INS Vikrant. This new carrier started in 2013, is expected to enter service with the Indian Navy by 2022.

3. What is an aircraft carrier?

  • An aircraft carrier is a massive warship that essentially functions as a seagoing airbase. It features a full-length flight deck and boasts facilities for carrying, arming, deploying, and recovering aircraft. This allows a naval force to operate air power globally, independent of local bases for launching and landing aircraft.
  • The rise of aircraft carriers began in the early 20th century, transforming from wooden vessels used for deploying balloons to the nuclear-powered warships we see today. These modern carriers can accommodate a wide range of aircraft, including fighters, bombers, helicopters, and more, making them a formidable force at sea.
  • As of June 2022, 14 countries operate a total of 47 active aircraft carriers. The United States Navy dominates this domain, boasting 11 massive, nuclear-powered fleet carriers, each capable of carrying around 80 fighter jets. Their combined deck space surpasses that of all other nations combined. Additionally, the US Navy possesses nine amphibious assault ships, primarily used for helicopters, but also capable of carrying up to 20 V/STOL fighter jets.
  • The United Kingdom and China each operate two aircraft carriers, while France, India, and Russia each possess one carrier with a capacity for 30 to 60 fighter jets.
  • Aircraft carriers serve as the flagship of many naval fleets, providing crucial air power projection capabilities. Their ability to operate independently and launch airstrikes globally makes them a vital asset in safeguarding maritime interests and projecting military power.

 

4. Design of INS Vikrant
  • Vikrant has been built at an approximate cost of Rs. 20, 000 crores.
  • Due to the indigenous components and construction, 80-85 per cent of the cost has been ploughed back into the Indian economy, the Navy has said.
  • The design and construction of the IAC were sanctioned in January 2003.
  • The ship's keel was laid in 2009 and it was launched on August 12, 2013.
  • The readiness of the propulsion and power generation equipment was tested in November 2020 and four sea trials took place between August 2021 and July 2022.
  • The ship was delivered to the Navy on July 28.
  • When fully operational, INS Vikrant will be capable of operating an Air Wing consisting of 30 Aircraft.
  • It has a length of 262 meters and a width of 62 meters and is powered by four Gas Turbines with 88 MW power.

 

5. The operational history of INS Vikrant?
  • Following its commissioning in 1961, INS Vikrant embarked on its maiden voyage to Tamil Nadu for initial refitting and re-armament.
  • However, during the 1965 Indo-Pak war, which commenced on August 5, 1965, the carrier was undergoing refitting in Mumbai and remained moored throughout the conflict.
  • Despite being unable to participate directly, its warplanes operated from land-based air bases.
  • The war concluded with a United Nations-mediated ceasefire, leaving both sides claiming victory based on the percentage of territories held at the conflict's end.
  • The pivotal moment for INS Vikrant came during the 1971 Indo-Pak war when it engaged in combat operations. In this conflict, Vikrant played a significant role, launching airstrikes and leading Combat Air Operations primarily with Hawker Sea Hawk fighter-bombers.
  • The war concluded with a decisive victory for the Indian Armed Forces, resulting in the formation of the new nation of Bangladesh.
  • Vikrant's aircraft squadron played a crucial role in suppressing Pakistani Army movements and blockading East Pakistan from essential supplies through air and sea.
  • Between 1991 and 1994, the warship underwent another round of refitting, bringing some stability to its operations. However, recognizing that every ship has a finite lifespan, the decision was made to decommission INS Vikrant.
  • It was formally decommissioned in 1997 and laid up in Mumbai, where it served as a museum ship from 2001 to 2012.
  • Unfortunately, due to public safety concerns and a lack of funding from both the Indian Navy and the State Government of Maharashtra, INS Vikrant faced a grim fate. The ship was auctioned off in 2013 and ultimately scrapped in November 2014.

 

6. About INS Vikrant – Indigenous Aircraft Carrier 1 (IAC-1)
  • INS Vikrant, also recognized as Indigenous Aircraft Carrier 1 (IAC-1), stands as a significant achievement in India's naval capabilities.
  • Constructed by Cochin Shipyard in Kochi, Kerala, it holds the distinction of being India's inaugural indigenous aircraft carrier.
  • The ship's design commenced in 1999, and the keel was laid in February 2009. Emerging from its dry dock on December 29, 2011, and launched on August 12, 2013, INS Vikrant underwent basin trials, completed in December 2020.
  • Anticipated to commence sea trials by the close of 2021, it is slated to enter into active service by the end of 2022 or early 2023.
  • This ambitious project incurred a cost of ₹19,341 crore by 2014, with an additional ₹3,000 crore authorized for Phase III in 2019.
  • The carrier's dimensions measure 262 meters (860 feet) in length, and 62 meters (203 feet) in width, and it displaces around 40,000 metric tons (39,000 long tons).
  • Featuring a Short Takeoff Barrier Arrested Recovery (STOBAR) configuration with a ski jump, INS Vikrant showcases advanced engineering.
  • Propelled by four General Electric LM2500+ gas turbines on two shafts, generating over 80 megawatts (110,000 hp) of power, the carrier's gearboxes were meticulously designed and supplied by Elecon Engineering.
  • In May 2022, the Indian Navy shortlisted the F-18 Hornet as the potential primary aircraft for INS Vikrant, competing with the Dassault Rafale.
  • Extensive testing of both aircraft is underway, with a decision pending before the carrier's official induction by August 2022. The carrier, requiring approximately 30 planes, contemplates interim alternatives if the designated aircraft are not ready on schedule.

 

For Prelims: INS Vikrant, Indian Navy, Aircraft carriers
For Mains: 
1. Analyze the role of aircraft carriers in modern naval warfare, highlighting their strategic importance. (250 Words)
 
 
Previous Year Questions
 
1. Which is India's first indigenous Aircraft carrier? (KSP Civil SI 2020)
A. INS Vikrant         B. INS Virat           C. INS Vaibhav          D. INS Varaha
 

2. Which one of the following is the best description of ‘INS Astradharini’, that was in the news recently? (UPSC 2016)

(a) Amphibious warfare ship
(b) Nuclear-powered submarine 
(c) Torpedo launch and recovery vessel
(d) Nuclear-powered aircraft carrier

 

3 Consider the following in respect of Indian Ocean Naval Symposium (IONS): (UPSC 2017)

  1. Inaugural IONS was held in India in 2015 under the chairmanship of the Indian Navy.
  2. IONS is a voluntary initiative that seeks to increase maritime co-operation among navies of the littoral states of the Indian Ocean Region.

Which of the above statements is/are correct?

(a) 1 only      (b) 2 only           (c) Both 1 and 2                 (d) Neither 1 nor 2

Answers: 1-A, 2-C, 3-B

 
 Source: The Indian Express 

MONETARY POLICY COMMITTEE (MPC)

 
 
1. Context
Interest rates on home, vehicle, personal and other loans in the banking system will remain unchanged with the Monetary Policy Committee (MPC) of the Reserve Bank of India keeping the Repo rate unchanged at 6.5 per cent in its monetary policy review amid rising risks to inflation due to the recent spike in vegetable prices. The central bank also retained the stance of the monetary policy as ‘withdrawal of accommodation’
 

Monetary policy refers to the actions and strategies undertaken by a country's central bank to control and regulate the supply of money, credit availability, and interest rates in an economy. Its primary goal is to achieve specific economic objectives, such as price stability, full employment, and sustainable economic growth.

Central banks use various tools to implement monetary policy, including:

Interest Rates: Adjusting the interest rates at which banks lend to each other (known as the federal funds rate in the United States) influences borrowing and spending in the economy.

Open Market Operations: Buying or selling government securities in the open market to regulate the money supply. When a central bank buys securities, it injects money into the system, and when it sells them, it reduces the money supply.

Reserve Requirements: Mandating the amount of reserves banks must hold, affecting their ability to lend money.

By influencing the availability and cost of money, central banks aim to stabilize prices, control inflation, encourage or discourage borrowing and spending, and promote economic growth. However, the effectiveness of monetary policy can be influenced by various factors such as global economic conditions, fiscal policies, and market expectations.

3.What is the primary objective of the monetary policy?

The primary objective of monetary policy typically revolves around maintaining price stability or controlling inflation within an economy. Central banks often set an inflation target, aiming to keep it at a moderate and steady level. Stable prices help in fostering confidence in the economy, encouraging investment, and ensuring that the value of money remains relatively constant over time.

However, while controlling inflation is often the primary goal, central banks might also consider other objectives, such as:

Full Employment: Some central banks have a secondary objective of supporting maximum employment or reducing unemployment rates.

Economic Growth: Encouraging sustainable economic growth by managing interest rates and credit availability to stimulate or cool down economic activity.

Exchange Rate Stability: In some cases, maintaining stable exchange rates might be an important consideration, especially for countries with open economies heavily reliant on international trade.

These additional objectives can vary depending on the economic conditions, priorities of the government, and the central bank's mandate. Nonetheless, ensuring price stability is typically the fundamental goal of most monetary policies, as it forms the basis for a healthy and growing economy.

4. Monetary Policy Committee (MPC)

  • In line with the amended RBI Act, 1934, Section 45ZB grants authority to the central government to establish a six-member Monetary Policy Committee (MPC) responsible for determining the policy interest rate aimed at achieving the inflation target.
  • The inaugural MPC was formed on September 29, 2016. Section 45ZB stipulates that "the Monetary Policy Committee will ascertain the Policy Rate necessary to meet the inflation target" and that "the decisions made by the Monetary Policy Committee will be obligatory for the Bank."
  • According to Section 45ZB, the MPC comprises the RBI Governor as the ex officio chairperson, the Deputy Governor overseeing monetary policy, a Bank official nominated by the Central Board, and three individuals appointed by the central government.
  • The individuals chosen by the central government must possess "capabilities, ethical standing, expertise, and experience in economics, banking, finance, or monetary policy" (Section 45ZC)
5.Monetary Policy Committe and Inflation
  • The Monetary Policy Committee (MPC) plays a crucial role in managing inflation through its decisions on the policy interest rate.
  • When inflation is too high, the MPC might decide to increase the policy interest rate. This action aims to make borrowing more expensive, which can reduce spending and investment in the economy.
  • As a result, it could help decrease demand for goods and services, potentially curbing inflation.
  • Conversely, when inflation is too low or the economy needs a boost, the MPC might decrease the policy interest rate.
  • This move makes borrowing cheaper, encouraging businesses and individuals to spend and invest more, thus stimulating economic activity and potentially raising inflation closer to the target level.
  • The MPC's goal is to use the policy interest rate as a tool to steer inflation toward a target set by the government or central bank.
  • By monitoring economic indicators and assessing the current and expected inflation levels, the MPC makes informed decisions to maintain price stability within the economy
6. Way forward
With more than half of the current financial year witnessing positive developments in the economy, the full financial year should conclude as projected with a strong growth performance and macroeconomic stability. Yet risks on the downside persist. Inflation is one of them that has kept both the government and the RBI on high alert. Financial flows in the external sector also need constant monitoring as they impact the value of rupee and the balance of payments. A fuller transmission of the monetary policy may also temper domestic demand
 
 
 
 
For Prelims: Economic and Social Development
For Mains: General Studies III: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.
 
 
Previous Year Questions
 
1. Consider the following statements:  (UPSC 2021)
1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government.
2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in the public interest.
3. The Governor of the RBI draws his natural power from the RBI Act.
Which of the above statements is/are correct? 
A. 1 and 2 only    B.  2 and 3 only     C. 1 and 3 only     D. 1, 2 and 3
 
Answer: C
 
2. Concerning the Indian economy, consider the following: (UPSC 2015)
  1. Bank rate
  2. Open Market Operations
  3. Public debt
  4. Public revenue

Which of the above is/are component(s) of Monetary Policy?

(a) 1 only   (b) 2, 3 and 4    (c) 1 and 2     (d) 1, 3 and 4

Answer: C

3. An increase in Bank Rate generally indicates: (UPSC 2013)

(a) Market rate of interest is likely to fall.

(b) Central bank is no longer making loans to commercial banks.

(c) Central bank is following an easy money policy.

(d) Central bank is following a tight money policy.

Answer: (d) 

4. Which of the following statements is/are correct regarding the Monetary Policy Committee (MPC)? (UPSC 2017) 

1. It decides the RBI's benchmark interest rates.

2. It is a 12-member body including the Governor of RBI and is reconstituted every year.

3. It functions under the chairmanship of the Union Finance Minister.

Select the correct answer using the code given below:

A. 1 only      B.  1 and 2 only      C. 3 only      D. 2 and 3 only

Answer: A

 
Source: Indianexpress

SECTION 6A OF CITIZENSHIP ACT

 
 

1. Context

Defending the constitutional validity of Section 6A of the Citizenship Act, 1955, the Centre has told the Supreme Court that the provision “is a part of the legislative policy of Parliament, arising from a political settlement with relevant parties, based on certain relevant considerations of State policy and foreign policy” and as such is not arbitrary and has a rational nexus with the object sought to be achieved.
 
 

2. What is Section 6A of the Citizenship Act?

Section 6A is a special provision inserted into the Indian Citizenship Act, 1955, in 1985, as part of the Assam Accord. It deals with the citizenship of people who migrated to Assam from Bangladesh:

  • It applies to people who entered Assam on or after January 1, 1966, but before March 25, 1971.
  • It grants citizenship to these people if they can prove that they were "ordinarily resident" in Assam on March 24, 1971.
  • People who claim citizenship under Section 6A must apply to a Foreigners Tribunal. The Tribunal will then decide whether or not to grant them citizenship based on the evidence they provide.
 

3. Questions surrounding Section 6A

  • The constitutionality of Section 6A has been challenged in court, with some arguing that it is discriminatory against people who migrated to Assam after 1971.
  • There have been concerns about how Section 6A has been implemented, with some people alleging that it has led to the disenfranchisement of legitimate citizens.
  • Some Assamese people argue that Section 6A has led to a large influx of migrants, which has threatened their culture and identity.

 

4. Citizens and Aliens

Citizens

  • A citizen is a person who has full legal membership in a country.
  • Citizens have certain rights and privileges that are not available to non-citizens, such as the right to vote, hold public office, and own property.
  • Citizens also have certain responsibilities, such as obeying the law and paying taxes.

Aliens

  • An alien is a person who is not a citizen of the country in which they are living.
  • Aliens may have some of the same rights as citizens, such as the right to freedom of speech and religion. However, they do not have all of the same rights as citizens, and they may be subject to certain restrictions, such as not being able to vote or hold public office.
  • Aliens are also subject to the laws of the country in which they are living, and they may be deported if they break the law.

 

5. Ways of Acquiring Citizenship

The Citizenship Act of 1955 prescribes five ways of acquiring Indian citizenship:

  1. By birth: A person born in India after January 26, 1950, is a citizen of India by birth.
  2. By descent: A person born in India on or after January 26, 1950, but before December 10, 1992, whose father was an Indian citizen at the time of his birth, is a citizen of India by descent.
  3. By registration: A person who is a citizen of another country may apply for Indian citizenship by registration if they have been residing in India for a continuous period of 12 months immediately before the date of application.
  4. By naturalization: A person who is not a citizen of India may apply for Indian citizenship by naturalization if they have been residing in India for a continuous period of 11 years immediately before the date of application.
  5. By incorporation of territory: When territory is incorporated into India, the people who were residing in that territory at the time of incorporation are granted Indian citizenship.
 

6. Ways of Losing Citizenship

The Citizenship Act, 1955, prescribes three ways of losing Indian citizenship:

1. Renunciation involves a voluntary surrender of Indian citizenship by a citizen through a formal declaration. This declaration can only be made if the individual has acquired the citizenship of another country. This is a straightforward process and does not require any prior approval from the Indian government. Once renounced, Indian citizenship cannot be regained automatically. However, a former citizen can reapply for Indian citizenship through naturalization, subject to meeting the eligibility criteria.

2. Termination occurs automatically when an Indian citizen acquires the citizenship of another country without fulfilling the conditions for retaining Indian citizenship. Specifically, an Indian citizen who lives outside India for a continuous period of 7 years without registering with an Indian diplomatic or consular officer loses their citizenship. This period can be extended under certain exceptional circumstances, such as serving in the employment of the Indian government or a public sector undertaking.

3. Deprivation involves the withdrawal of Indian citizenship by the Indian government on specific grounds outlined in the Citizenship Act. These grounds include:

    • Obtaining Indian citizenship by fraud, false representation, or concealment of a material fact.
    • Disloyalty or disaffection towards the Constitution of India.
    • Trading with the enemy during a war.
    • Engaging in activities prejudicial to the sovereignty and integrity of India.
    • Being convicted of an offence for which they are sentenced to imprisonment for 2 years or more.

The process of deprivation involves a formal inquiry and hearing by a designated authority. The individual has the right to be represented by a lawyer and to present their defence. If found guilty, their citizenship is revoked by the Central government.

 

7. Assam Accord

  • The plea before the Constitutional bench in the Supreme Court challenges one of the core elements of the Accord which determines who is a foreigner in the state and the basis of the final National Register of Citizens in Assam, published in 2019.
  • Clause 5 of the Assam Accord states that January 1, 1966, shall serve as the base cutoff date for the detection and deletion of “foreigners” but it also contains provisions for the regularisation of those who arrived in the state after that date and up till.
Section 6 A of the Citizenship Act was inserted as an amendment to accommodate this.
What Section 6 A essentially does is establish March 24, 1971, as the cut-off date for entry into the state, meaning that those entering the state after that would be considered “illegal immigrants”.
 
  • It states that while those who came to Assam on or after January 1, 1966, but before March 25, 1971, from Bangladesh shall be detected as “foreigners”, they would have to register themselves according to rules made by the Central Government.
  • Till a period of 10 years from the date they were detected as foreigners, they would have the same rights and obligations as Indian citizens except for being included in electoral rolls for any assembly or parliamentary constituency.
  • At the end of the ten years, they were to be deemed citizens.
  • The final National Register of Citizens in Assam which was published in 2019 was conducted with this cut-off date of 24 March 1971.

 

For Prelims: Citizenship Act 1955, Aliens, Assam Accord
 
For Mains: 
1. Discuss the challenges and concerns surrounding the implementation of Section 6A. How can these be addressed to ensure a fair and impartial process? (250 words)
2. Examine the administrative challenges associated with the implementation of Section 6A. How can these be overcome to ensure efficient and effective decision-making? (250 words)

 

Previous Year Questions

Consider the following statements: (2018)

  1. Aadhaar card can be used as a proof of citizenship or domicile.
  2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.

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

 

2. What is the position of the Right to Property in India? (UPSC  2021)

(a) Legal right available to citizens only

(b) Legal right available to any person

(c) Fundamental Rights available to citizens only

(d) Neither Fundamental Right nor legal right

 

3.  With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
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
 
 
4. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A.  Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
 
 
5. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane           B.  Jute            C. Tea                    D. Cotton
 
 
6. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship.  (DSSSB JE & Section Officer 2022)
A. 1954           B. 1971         C.  1981           D. 1966
 
Answers: 1-D, 2-B, 3-C, 4-D, 5-B, 6-B
 
 
Source: The Indian Express

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