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Citizenship UPSC NOTE

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  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. c...

 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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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Citizenship UPSC NOTE
Citizenship UPSC NOTE
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