Indian Citizenship: Articles 5-11 and the Citizenship Act of 1955

Introduction

Citizenship in India is regulated by Part II of the Constitution, encompassing Articles 5 to 11. These articles delineate the criteria for acquiring Indian citizenship at the time of the commencement of the Constitution and subsequently through naturalization, registration, or descent. They also outline provisions for citizenship rights and renunciation. The Citizenship Act of 1955 further elaborates on these constitutional provisions, providing the legal framework for citizenship matters in India.

Comparison Between Citizens and Aliens

• Citizens
  • They are full members of the Indian State, and owe allegiance to it.
  • Enjoy all civil and political rights.
  • Citizens also owe certain duties towards the Indian State, such as paying taxes, respecting the national flag and national anthem, defending the country and so on.

• Aliens
  • They are the citizens of some other state/country.
• They do not enjoy all the civil and political rights.
  • They are of two categories:
    • Friendly Aliens: The subjects of those countries that have cordial relations with India.
    • Enemy Aliens: The subjects of that country that is at war with India. They enjoy lesser rights than the friendly aliens, e.g. they do not enjoy protection against arrest and detention (Article 22).
• Rights to Aliens

• • Aliens: All other rights (except Art. 15, 16, 19, 29, 30) are enjoyed.
  • Enemy Aliens: They do not enjoy protection against arrest and detention (Article 22).

Important Points to Note

• In India: Both a citizen by Birth as well as a Naturalized citizen are eligible for the office of President.
• In the USA: Only a citizen by birth and not a naturalized citizen is eligible for the office of President.
• Establishment of Foreigners Tribunals: Ministry of Home Affairs (MHA) has amended the Foreigners (Tribunals) Order, 1964, and has empowered District Magistrates in all States and UTs to set up tribunals (quasi-judicial bodies) to decide whether a person staying illegally in India is a foreigner or not.         

Constitutional Provisions Related to Citizenship

• Articles 5 to 11 under Part II.
• It contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became citizens of India at the time of its commencement.
• Commencement of the Constitution: 26 January 1950
• Authority to Parliament: It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.
• Citizenship Act, 1955: The Citizenship Act (1955) provides for the acquisition and loss of citizenship after the commencement of the Constitution.

Acquisition And Loss Of Citizenship

• The Constitution does not deal with the problem of acquisition or loss of citizenship after its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. 
• The Constitution does not deal with the problem of acquisition or loss of citizenship after its commencement. It empowers the Parliament to enact a law
  • Accordingly, the Parliament has enacted the Citizenship Act, of 1955, which was amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, 2015 and 2019
• The Citizenship Act of 1955 lays down the rules and procedures for acquiring and losing Indian citizenship.

Acquisition Of Citizenship

Loss Of Citizenship

The Citizenship Act (1955) prescribes three ways, whether acquired under the Act or prior to it under the Constitution:

By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship.

• Upon the registration of that declaration, that person ceases to be a citizen of India. However, such registration can be withheld if that declaration is made during a war in which India is engaged.
• Every minor child of that person also loses Indian citizenship. However, when such a child attains the age of 18, he may resume Indian citizenship.

By Termination:

• When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically gets terminated.
  • This provision does not apply during a war in which India is engaged.

By Deprivation:

• Compulsory termination of Indian citizenship by the Central government, if-
  • Obtained citizenship by fraud;
  • Shown disloyalty to the Constitution of India;
  • Unlawfully traded or communicated with the enemy during a war.
• Within 5 years after registration or naturalization, been imprisoned in any country for 2 years; and
• Ordinarily resident out of India for 7 years continuously.

SINGLE CITIZENSHIP

• Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship (like Canada). Citizens owe allegiance only to the Union.
• There is no separate state citizenship, unlike the USA and Switzerland where they have a system of dual citizenship.
• In India, all citizens enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them. 
  • However, this general rule of the absence of discrimination is subject to some exceptions under Articles 15,16 and 19.

Citizenship Amendment Act, 2019

• Definition of illegal migrants: It defines an illegal migrant as a foreigner, who enters India without a valid passport or travel documents or stays beyond the permitted time.
• The Act prohibits illegal migrants from acquiring Indian citizenship.
• Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before December 31, 2014, will not be treated as illegal migrants and for these groups of persons, the 11 years requirement will be reduced to five years.
• These provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura included in the Sixth Schedule of the Constitution.
• Further, it will not apply to the “Inner Line” areas notified under the Bengal Eastern Frontier Regulation, 1873 applicable to Arunachal Pradesh, Mizoram, Manipur, and Nagaland.

Comparison between NRI, PIO, and OCI Cardholder

Conclusion

• The Citizenship section, encompassing Articles 5-11, lays down the foundational principles and regulations governing citizenship within the specified jurisdiction. It delineates the criteria for acquiring, renouncing, or losing citizenship, as well as the rights and duties associated with citizenship status. 
• This section serves as a cornerstone for defining the relationship between individuals and the state, outlining the parameters of belonging and participation within the society.
• The Citizenship Act of 1955, along with subsequent amendments such as the Citizenship Amendment Bill of 2019, forms the legal basis for citizenship in India. It provides the framework for acquiring and losing citizenship, while also addressing issues such as immigration and refugee protection. 
• However, debates and controversies surrounding citizenship laws continue to shape the discourse on citizenship and identity in India.