Citizenship

Introduction to Citizenship

• Definition: Citizenship determines an individual’s legal status as a member of a sovereign state, granting them specific rights and duties.
• Articles: Provisions related to citizenship are contained in Articles 5–11 under Part II of the Constitution.
• Citizenship Act: The Citizenship Act, 1955 governs the acquisition, termination, and other matters related to Indian citizenship.

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Provisions in the Constitution

Article	Provision
Article 5	Citizenship of people residing in India at the commencement of the Constitution.
Article 6	Citizenship of persons migrating from Pakistan to India.
Article 7	Rights of persons who migrated to Pakistan but later returned to India under certain conditions.
Article 8	Citizenship rights of persons of Indian origin residing outside India.
Article 9	Loss of Indian citizenship upon acquiring foreign citizenship.
Article 10	Continuance of citizenship as per the laws made by Parliament.
Article 11	Empowerment of Parliament to regulate citizenship through legislation.

Citizenship at the Commencement of the Constitution

1. Article 5: Citizenship by domicile.

   • A person was considered an Indian citizen if:
     • They were domiciled in India.
     • They were born in India.
     • Either of their parents was born in India.
     • They had been ordinarily resident in India for not less than 5 years immediately before the Constitution's commencement.

2. Article 6: Citizenship by migration from Pakistan.

   • Persons migrating to India before 19th July 1948 automatically became citizens if:
     • They had been resident in India since migration.
   • Persons migrating after 19th July 1948 required registration.

3. Article 7: Citizenship of persons migrating to Pakistan but returning to India.

   • Such persons could be granted citizenship if they were duly registered.

4. Article 8: Citizenship of persons of Indian origin residing outside India.

   • Persons born in India or with Indian ancestry, residing outside India, could register as citizens at Indian diplomatic offices.

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Modes of Acquiring Indian Citizenship (Under the Citizenship Act, 1955)

The Citizenship Act, 1955 provides five ways to acquire Indian citizenship:

1. By Birth:

   • A person born in India on or after 26th January 1950 and before 1st July 1987 is an Indian citizen by birth.
   • For those born after 1st July 1987, at least one parent must be an Indian citizen.
   • For those born after 3rd December 2004, citizenship is granted only if:
     • Both parents are Indian citizens, or
     • One parent is an Indian citizen and the other is not an illegal migrant.

2. By Descent:

   • A person born outside India is a citizen if:
     • They were born between 26th January 1950 and 10th December 1992 and had at least one Indian parent.
     • For births after 10th December 1992, citizenship requires registration of the child at an Indian diplomatic mission.

3. By Registration:

   • Indian citizenship can be granted to persons who:
     • Have Indian ancestry.
     • Are married to Indian citizens and have resided in India for at least seven years.
     • Are minors whose parents are Indian citizens.

4. By Naturalization:

   • Granted to a foreign national who:
     • Has resided in India for 12 years (including 11 years of ordinary residence).
     • Has renounced previous citizenship.

5. By Incorporation of Territory:

   • When a foreign territory becomes part of India, people residing in that territory automatically become Indian citizens (e.g., Sikkim in 1975).

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Loss of Citizenship

Citizenship may be lost through the following modes:

1. Renunciation:

   • Voluntary act of surrendering Indian citizenship.
   • Applies to individuals who acquire the citizenship of another country.

2. Termination:

   • Automatic loss of citizenship if a person acquires citizenship of another country.

3. Deprivation:

   • Citizenship is revoked by the government under specific conditions:
     • Obtained citizenship by fraud.
     • Disloyalty or acts against the sovereignty of India.
     • Engaged with the enemy during war.

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Acquisition of Citizenship Under Different Circumstances

Mode	Conditions
By Birth	Born in India; specific parentage criteria depending on the period.
By Descent	Born outside India; requires Indian parentage and registration.
By Registration	Granted to persons of Indian origin, spouses of Indian citizens, or minors.
By Naturalization	Requires 12 years of residence in India and renunciation of foreign citizenship.
By Incorporation of Territory	Automatically granted upon annexation of new territory into India.

Overseas Citizenship of India (OCI)

• Introduced through the Citizenship (Amendment) Act, 2003.
• Allows individuals of Indian origin, who are citizens of other countries (excluding Pakistan and Bangladesh), to avail themselves of certain rights in India.

1. Eligibility:

   • A person who was eligible to become a citizen of India on 26th January 1950.
   • A person who belonged to a territory that became part of India after 15th August 1947.
   • A person who is a child or grandchild of such an individual.

2. Benefits of OCI:

   • Visa-free travel to India for life.
   • Exemption from registration with Foreigners Regional Registration Office (FRRO) for any length of stay.
   • Parity with Non-Resident Indians (NRIs) in financial, economic, and educational fields, except for purchasing agricultural land.

3. Limitations of OCI:

   • Cannot vote in Indian elections.
   • Cannot hold constitutional offices (e.g., President, Vice-President).
   • Cannot join the Indian armed forces or hold certain public sector jobs.

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Person of Indian Origin (PIO)

• Before 2015, the PIO card scheme existed for people of Indian origin but with foreign citizenship.
• In 2015, the government merged PIO cards with OCI cards, simplifying the process and benefits.

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Citizenship Amendment Act (CAA), 2019

• Aimed at granting citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan.
• Applies to those who entered India on or before 31st December 2014.
• Key points:
  1. Reduces the residence requirement for naturalization from 11 years to 5 years for these communities.
  2. Does not apply to Muslims from the aforementioned countries, sparking debates about its constitutionality.
  3. Does not alter the existing provisions for Indian citizenship for other categories.

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Comparison of Different Statuses

Parameter	Indian Citizen	OCI	PIO (Before 2015)
Voting Rights	Yes	No	No
Constitutional Offices	Eligible	Not eligible	Not eligible
Property Purchase	Any type of land	All except agricultural land	All except agricultural land
Visa Requirement	Not applicable	Visa-free	Long-term visa required

Dual Citizenship in India

• India does not allow dual citizenship.
• Individuals holding foreign citizenship are not considered Indian citizens but may hold OCI status.

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Important Cases Related to Citizenship

1. Berubari Union Case (1960):

   • Clarified that Indian citizenship is determined by the Constitution and not merely by physical presence.

2. Mohd. Anees vs Union of India (1982):

   • Affirmed that citizenship laws must comply with the principles of natural justice.

3. NRC (National Register of Citizens):

   • A register maintained to identify Indian citizens.
   • First implemented in Assam to address illegal immigration.

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National Register of Citizens (NRC)

• Purpose: Identify and weed out illegal immigrants residing in India.
• First conducted in Assam following the Assam Accord of 1985.
• Final NRC in Assam published on 31st August 2019:
  • Excluded 1.9 million individuals.
  • Controversial due to allegations of exclusion of genuine citizens and inclusion of illegal migrants.

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Significance of Citizenship in India

1. Rights Granted:

   • Fundamental Rights such as equality, freedom, and protection are guaranteed to citizens.
   • Right to vote, contest elections, and hold public office.

2. Duties Imposed:

   • Abide by the Constitution.
   • Respect national symbols and institutions.
   • Protect public property and the environment.

3. Role in National Identity:

   • Citizenship binds individuals to the nation and ensures loyalty to its principles.

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Citizenship Provisions in the Constitution and Citizenship Act

Aspect	Constitutional Provision	Citizenship Act Provision
Citizenship at commencement	Articles 5–8	Defined eligibility at independence
Modes of acquisition	Article 11	Birth, descent, registration, naturalization
Termination	Article 9	Renunciation, termination, deprivation

NPR (National Population Register)

• The National Population Register (NPR) is a database of usual residents of India.
• Objective: To collect demographic and biometric details of individuals residing in the country.
• Usual Resident:
  • A person who has resided in a local area for the last 6 months or intends to reside there for the next 6 months.
• Legal Basis: NPR is prepared under the provisions of the Citizenship Act, 1955, and the Rules framed under it in 2003.
• Relation with NRC:
  • NPR serves as a database for identifying citizenship under the NRC.

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Difference Between NPR, NRC, and CAA

Aspect	NPR	NRC	CAA
Full Form	National Population Register	National Register of Citizens	Citizenship Amendment Act
Purpose	Record of all usual residents	Identify legal citizens of India	Provide citizenship to persecuted minorities
Legal Basis	Citizenship Act, 1955	Not directly mentioned in the Constitution	Citizenship Act, 1955 (Amended in 2019)
Applicability	All residents of India	Citizens of India	Select groups from Pakistan, Afghanistan, and Bangladesh
Focus	Residency	Citizenship	Citizenship for specific communities

Rights and Privileges Exclusive to Citizens

1. Fundamental Rights Reserved for Citizens:

   • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Article 16: Equality of opportunity in matters of public employment.
   • Article 19: Freedom of speech, movement, and association.
   • Article 29: Protection of culture, language, and script.
   • Article 30: Rights of minorities to establish and administer educational institutions.

2. Political Rights:

   • Right to vote.
   • Right to contest elections.
   • Eligibility for constitutional offices (e.g., President, Vice-President, Member of Parliament).

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Challenges Related to Citizenship

1. Illegal Immigration:

   • Influx of migrants from neighboring countries, especially Bangladesh and Myanmar.
   • Puts strain on resources and alters demographic patterns.

2. Stateless Persons:

   • Individuals without recognized citizenship of any country.
   • Lack of access to fundamental rights and privileges.

3. Implementation of CAA and NRC:

   • Concerns over exclusion of genuine citizens.
   • Protests against perceived discrimination in the CAA.

4. Dual Citizenship:

   • Indian diaspora often advocates for dual citizenship to strengthen ties with India.

5. Humanitarian Concerns:

   • Refugees and asylum seekers, such as Rohingyas from Myanmar, face challenges in securing basic rights.

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Global Perspective on Citizenship

1. Single vs. Dual Citizenship:

   • Countries like the USA and Canada permit dual citizenship.
   • India does not allow dual citizenship but offers OCI status for foreign nationals of Indian origin.

2. Statelessness:

   • The United Nations Convention on Statelessness (1954) provides measures to reduce statelessness globally.
   • India is not a signatory to this convention.

3. Naturalization Policies:

   • Many countries have stricter residency requirements for naturalization compared to India.

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Key Amendments Related to Citizenship

Amendment	Provisions
Citizenship (Amendment) Act, 1986	Made citizenship by birth more stringent; at least one parent must be an Indian citizen.
Citizenship (Amendment) Act, 2003	Introduced OCI status and made provisions for NRC.
Citizenship (Amendment) Act, 2019	Provided citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan.

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Way Forward

1. Strengthening Legal Framework:
   • Amend laws to address emerging challenges like illegal immigration and statelessness.
2. Balancing National and Humanitarian Interests:
   • Ensure citizenship policies align with constitutional values of equality and secularism.
3. Modernizing Documentation:
   • Implement robust mechanisms for maintaining citizenship records while avoiding undue hardships for residents.
4. Engaging the Indian Diaspora:
   • Explore dual citizenship or enhanced OCI benefits to deepen ties with the global Indian community.

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Conclusion

• Citizenship is a cornerstone of sovereignty, granting individuals rights and responsibilities while ensuring national integrity.
• With dynamic challenges, India's citizenship framework must adapt to uphold constitutional values and address global trends.

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