Proof of Citizenship in India: UPSC Prelims Notes
In News: Which Document Proves Indian Citizenship?
- A senior MEA official clarified that the Indian passport is not a “document of citizenship” but merely a travel document.
- The clarification came in the context of Special Intensive Revision (SIR) of electoral rolls underway in 16 states.
Law: Citizenship Act, 1955 and Modes of Citizenship
- Citizenship in India is governed under the Citizenship Act, 1955 and rules made thereunder.
- Under the Act, citizenship can be acquired by birth, by descent, by registration, by naturalisation, and by incorporation of territory.
- Anyone born in India between January 26, 1950 and July 1, 1987 is a citizen by birth, irrespective of parents’ nationality.
- Those born between July 1, 1987 and December 3, 2004 must also prove that at least one parent was an Indian citizen.
- Those born on or after December 3, 2004 must prove that one parent is an Indian citizen and the other is not an illegal migrant.
Not Conclusive Proof: Passport, Aadhaar and Voter ID
- Passport:
- The government’s Passport Manual states that a passport provides evidence of nationality but is not conclusive proof of citizenship.
- Under Section 6(2)(a) of the Passports Act, 1967, authorities can refuse a passport if the applicant is not a citizen of India.
- Under Section 20 of the Passports Act, the Union government may issue a passport to a non-citizen if it deems it necessary in public interest.
- In Maneka Gandhi vs Union of India (1978), the Supreme Court held that passport issuance is based on conclusive proof of Indian nationality.
- Aadhaar:
- Aadhaar can only be treated as proof of identity and address, not of citizenship.
- Non-Indian citizens legally resident in India are eligible to get Aadhaar.
- The Supreme Court in its May 2026 SIR judgment held that Aadhaar does not constitute proof of citizenship.
- Voter ID:
- Presence on electoral rolls or possession of EPIC (Voter ID) does not conclusively prove citizenship.
- The Election Commission’s role is confined to determining eligibility for electoral rolls and it cannot adjudicate citizenship.
Conclusive Proof: Citizenship Certificate and NRC Debate
- Citizenship certificates are generally issued to people who acquired citizenship by registration or naturalisation, and can act as conclusive proof.
- The majority of Indians are citizens by birth or descent and do not have citizenship certificates.
- India does not prescribe one universal citizenship document.
Source: The Hindu
FCRA Amendment Rules 2026: UPSC Prelims Notes
In News: MHA Notifies FCRA Amendment Rules, 2026
- The Union Ministry of Home Affairs (MHA) notified the Foreign Contribution (Regulation) Amendment Rules, 2026, amending the FCRA Rules, 2011.
- This is the tenth amendment to the Rules under FCRA, 2010.
About: FCRA, 2010 and Its Evolution Since 1976
- The Foreign Contribution (Regulation) Act was first enacted in 1976 to regulate foreign donations.
- It was repealed and replaced in 2010 and came into force on May 1, 2011.
- The 2010 Act has been amended in 2016, 2018, and 2020.
- FCRA registration is valid for five years, after which the NGO must apply for renewal.
- Since 2015, FCRA registrations of more than 18,000 NGOs have been cancelled.
- As on June 22, there are 14,456 FCRA-registered NGOs active in India.
- MHA regulates foreign donations to ensure they do not adversely affect internal security.
Key Changes: Activity Lists, ‘Key Functionary’ and Disclosure Norms
- All FCRA-registered NGOs must disclose specific activities and the geographical scope of their programmes.
- The Rules no longer allow general permission and indicate tighter scrutiny on utilisation of foreign funds.
- The definition of “key functionary” has been broadened to include trustees, partners, Karta of HUF, governing body members, and anyone controlling or managing the organisation.
- NGOs must disclose social media accounts, websites, and declare publications including books, magazines, and newspaper articles.
- A separate fee is imposed for registration for each specified purpose and for each State or UT in which an NGO operates.
- Existing FCRA-registered NGOs must update their purpose and intimate the Central government within one year.
Penalties: Fines for Misuse and Unapproved Use
- Using funds for unapproved purposes attracts a penalty of 30% of the amount misused or ₹1 lakh, whichever is higher.
- Using funds in areas not covered by registration invites a penalty of 30% of the amount or ₹1 lakh, whichever is higher.
- Penalties also apply for excess administrative spending and speculative use of funds, subject to a minimum of ₹1 lakh.
Source: The Hindu
CBAM and EU Carbon Tax: UPSC Prelims Notes
In News: Govt to Shoulder MSMEs’ EU Carbon Tax Bill
- The Centre is working on a scheme to absorb 90% of the compliance cost borne by MSMEs to soften the impact of the EU’s Carbon Border Adjustment Mechanism (CBAM).
- The compliance cost for each MSME unit under carbon tax alone is ₹15 lakh to ₹20 lakh.
- India’s efforts to secure a concession for small industries in negotiations with developed countries have not worked.
About: Carbon Border Adjustment Mechanism (CBAM)
- CBAM is an EU policy designed to put a price on the carbon emitted during the production of carbon-intensive goods entering the EU.
- CBAM has been in effect since January 1, 2026.
- The default mark-ups for CBAM goods have been set at 10% in 2026, 20% in 2027, and 30% from 2028 onwards.
How It Works: Pricing Embedded Carbon Emissions
- Declarants must track embedded emissions of their goods, including direct emissions and for certain sectors like cement and fertilisers, indirect emissions.
- If exporters are unable to provide actual data, importers must use “default values” provided by the European Commission.
- Default values are increased by a proportionately designed percentage called “mark-up” in their value.
- For MSMEs, the principal challenge is not the carbon levy itself, but the cost of compliance.
Impact on India: Iron, Steel and Aluminium Exports Hit
- India is the world’s second-largest producer of both crude steel and primary aluminium.
- The impact of CBAM is likely to be felt most by the Iron and Steel (I&S) sector, where the extent of decline in EU imports could be about 24%.
- The fertilisers and aluminium products, followed by metal products, are next in line for CBAM impact.
- India’s global export of I&S will decline by 5.7%; for China, the corresponding estimate is 1.2%.
- CBAM shall adversely impact India’s trade with the EU and have a negligible effect on carbon emissions, according to the ICRIER working paper.
Concept: Carbon Pricing and ‘Default Values’
- Carbon pricing is a policy instrument that puts a direct price on greenhouse gas emissions to encourage reduction of carbon output.
- “Default values” are pre-determined emission estimates used by the European Commission when exporters cannot provide actual emission data.
- MSMEs often lack technical expertise, systems, and financial resources to measure, verify, and report embedded emissions as per CBAM requirements.
- They may have to incur upfront expenditure on carbon accounting, third-party verification, digital reporting systems, and capacity building.
Source: Indian Express