Who is an Indian Citizen?: The Constitutional Crisis in the Age of CAA and NRC

The book "Who is an Indian Citizen? The Constitutional Crisis in the Age of CAA and NRC" analyzes the evolution of Indian citizenship law, arguing that it has shifted from the founders' original, inclusive principles (Jus Soli or citizenship by birth) toward a restrictive, documentation-heavy, and constitutionally conflicted framework.Key Points from the DocumentOriginal Framework (1950-1955): The Constitution (Articles 5-11) and the original Citizenship Act, 1955 established a largely unqualified Jus Soli, prioritizing place of birth to forge a pluralistic, secular nation.Legislative Erosion (1986–2005): Subsequent amendments progressively restricted birthright citizenship:1986: Diluted Jus Soli by requiring at least one parent to be a citizen.2003: Further restricted it, requiring a person born after December 3, 2004, to have both parents as citizens, or one as a citizen and the other not an "illegal migrant." This amendment also created the legal basis for the National Register of Citizens (NRC) via Section 14A.The Constitutional Crisis (CAA/NRC): The core legal and political conflict revolves around the Citizenship (Amendment) Act, 2019 (CAA) and the threat of a nationwide NRC.CAA: Provides an accelerated path to naturalization for six non-Muslim religious minority communities from Afghanistan, Bangladesh, and Pakistan, explicitly excluding Muslims. This is argued to violate the fundamental guarantee of Equality before the Law (Article 14) and the Basic Structure Doctrine of Secularism by using religion as a criterion for citizenship benefits.CAA-NRC Linkage: The document argues the NRC acts as a "sieve," requiring all citizens to prove citizenship with decades-old documents, while the CAA acts as a "shield," protecting non-Muslims who fail this process. This dynamic places a unique, religion-based vulnerability on document-less Muslims, leading to the "constitutional crisis."Socio-Economic Impact: The process places an immense and disproportionate burden of proof on poor, elderly, and marginalized citizens, creating massive fiscal costs, halting economic productivity, and deepening social polarization.Policy Recommendations: The book recommends future policy must be religion-neutral, adopting a clear, secular law on refugees and asylum, and debating a potential staged approach to Dual Citizenship to modernize India's engagement with its diaspora. Read more