Why in news
U.S. President Donald Trump issued an executive order stating that U.S. citizenship will only be granted to children of U.S. citizens or green card holders.
This order is set to take effect on February 19.
What Are the Legal Principles?
Citizenship is the full membership of a country and is often described as the "right to have rights" (Hannah Arendt).
Two key principles for acquiring citizenship:
Jus Soli (right of soil): Citizenship is granted based on the location of birth, regardless of the parents' citizenship. Countries like Canada, Mexico, and Brazil follow this principle.
Jus Sanguinis (right of blood): Citizenship is granted based on the parents' nationality. Countries like Germany, South Africa, and India follow this principle.
What Is the Current Issue in the U.S.?
The U.S. has historically followed the jus soli principle, granting citizenship to all children born on U.S. soil (14th Amendment, 1868).
The U.S. Supreme Court reaffirmed this in 1898.
Trump's executive order seeks to end this practice, limiting citizenship to children with U.S. citizen or green card-holder parents.
A federal court in Washington has temporarily blocked the order, calling it "blatantly unconstitutional."
What About Citizenship in India?
India's Citizenship Act, 1955:
Initially followed jus soli until 1987, granting citizenship to anyone born in India.
After 1987, India adopted jus sanguinis, requiring at least one parent to be an Indian citizen for a child to gain citizenship.
Since 2004, both parents must be citizens, or one parent must be a citizen while the other is not an illegal immigrant.
Citizenship Amendment Act, 2019 (CAA):
Provides accelerated citizenship to certain religious minorities (Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis) from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014.
Excludes Muslims from this benefit, which has sparked controversy and criticism for violating India’s secular principles.
The Supreme Court will decide on the constitutional validity of the CAA.
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