Constitutional Government and Democracy in India
2.2 Introduction
Citizenship refers to legal membership of a state, encompassing corresponding rights and responsibilities. The concept has evolved alongside modern nation-states, involving debates around inclusion-exclusion, legal-illegal status, and citizen-alien distinctions. This section explores citizenship's legal development and its impact in India.
2.3 Historical/Theoretical Understanding on Citizenship
Early Concepts of Citizenship:
- Ancient Societies: Citizenship in early states was tied to community membership, ensuring livelihood in exchange for duties like tax payment and military service.
- Greek Ideas:
- Aristotle's Politics described civic life as "being ruled and ruling in turn," promoting participation in political decision-making.
- However, citizenship excluded women, slaves, and foreigners, emphasizing a limited but active citizenship model.
Roman Citizenship:
- The Roman Empire extended citizenship through legal membership, offering protection but limited political participation.
- This model accommodated a multi-ethnic empire, creating a passive citizenship structure with graded rights.
Medieval and Modern Developments:
- Citizenship in medieval Europe was tied to religious allegiance.
- Thinkers like Machiavelli and Rousseau later advocated active citizenship in republics.
- The rise of nation-states and liberal thought led to modern ideas of citizenship based on individual rights and equality.
2.4 Struggle for Rights and T.H. Marshall
T.H. Marshall outlined the development of citizenship rights in Britain in three stages:
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Civil Rights (18th Century):
- Rights like personal liberty, equality before the law, and protection from state encroachment.
- Emergence of capitalist economies and bourgeois class struggles for equal rights.
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Political Rights (19th Century):
- Expansion of voting rights and the rise of representative governments.
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Social Rights (20th Century):
- Economic guarantees and social welfare became essential, leading to welfare states.
Marshall defined citizenship as full and equal membership in a state, achieved through historical struggles involving various social classes.
2.5 Citizenship in India
Partition and Citizenship Debates:
- The partition of India led to massive migrations, forcing the Constituent Assembly to define citizenship.
- Disagreements included:
- Territorial Citizenship: Based on birth in Indian territory.
- Racial-Cultural Basis: Citizenship through cultural ties.
- Communal Plurality: Advocating differentiated citizenship.
The Citizenship Act of 1955 was enacted and amended several times, shifting India’s citizenship principle from jus soli (by birth) to jus sanguinis (by descent).
2.5.1 Constitutional Provisions of Citizenship
Articles 5 to 11 of the Indian Constitution outline citizenship provisions:
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Article 5:
- A person domiciled in India becomes a citizen if born in India, if either parent was born in India, or if the person resided in India for five years before the Constitution’s commencement.
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Article 6:
- Migrants from Pakistan were granted citizenship if they or their relatives were born in India and met residency requirements.
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Article 7:
- Those migrating to Pakistan but returning to India could gain citizenship after a six-month residency.
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Article 8:
- Indians residing abroad could be registered as Indian citizens through diplomatic channels.
2.5.2 Legal Provisions Related to Citizenship
The Citizenship Act of 1955 provides five methods of acquiring Indian citizenship:
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By Birth:
- Individuals born in India between January 26, 1950, and July 1, 1987, automatically gain citizenship.
- From July 1, 1987, at least one parent must be an Indian citizen.
- Since December 3, 2004, both parents must be Indian citizens or one parent must not be an illegal migrant.
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By Descent:
- Individuals born outside India after January 26, 1950, gain citizenship if their father (or either parent after December 10, 1992) is an Indian citizen.
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By Registration:
- Eligible individuals include persons of Indian origin, spouses of Indian citizens, and minor children.
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By Naturalization:
- Applicants must meet residency, language, and good-character requirements, with provisions for exceptional service to India.
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By Incorporation of Territory:
- Persons from newly incorporated territories automatically become Indian citizens (e.g., Pondicherry in 1962).
2.5.3 Loss of Citizenship
Citizenship can be lost through:
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Renunciation:
- Voluntarily giving up Indian citizenship.
- Minor children of such individuals lose citizenship but can reclaim it at age 18.
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Termination:
- Automatic loss upon acquiring foreign citizenship voluntarily.
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Deprivation:
- Involuntary loss due to fraud, disloyalty, unlawful activities, or prolonged residence abroad.
2.6 Special Provisions of Citizenship in Assam under Assam Accord
The Citizenship (Amendment) Act, 1985, addressed illegal immigration in Assam by granting citizenship to:
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Pre-1966 Residents:
- Persons of Indian origin residing in Assam since January 1, 1966.
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1966-1971 Migrants:
- Required registration and a ten-year waiting period to gain full citizenship rights, excluding voting.
2.6.1 Assam Accord and Identification of Illegal Immigrants
- The Assam Accord (1985) sought to detect, delete, and deport illegal immigrants.
- The Supreme Court’s 2005 verdict nullified the Illegal Migration (Determination by Tribunal) Act, shifting the burden of proof to accused immigrants.
2.6.2 Assam Accord and National Register of Citizens (NRC)
- NRC updates aim to identify citizens based on residence records prior to March 1971.
- The final NRC list excluded 19 lakh individuals, raising concerns about religious discrimination.
- The government proposed granting citizenship to excluded Hindus while deporting Muslims.
2.7 Conclusion
Citizenship debates continue to evolve in India, influenced by historical migrations, legal reforms, and political contestations. The Citizenship Act, NRC, and related amendments shape India’s modern citizenship framework, balancing inclusion, legal recognition, and national identity.