Indian Citizenship: Rights, Duties & Constitutional Framework

What is the Distinction Between Citizens and Aliens in Indian Citizenship? #

The Constitution of India provides for a single citizenship for the whole of India. This feature in the Indian Constitution has been adopted from the British Constitution. 

• India has two kinds of people:
  • Citizens: Citizens are full members of the Indian State and owe allegiance to it. They  enjoy all civil and political rights. 
  • Aliens: Aliens are the citizens of some other state and do not enjoy all the civil and political rights. 
• Aliens Categorized into Two:

• The citizens also owe certain duties towards the Indian State: paying taxes, respecting the national flag and national anthem, and defending the country inter alia.

Empowered Indian Citizenship: Constitutional Rights, Privileges & Civic Duties #

The Constitution confers the following rights and privileges on the citizens of India (and denies the same to aliens):

• Article 15: Right against discrimination on grounds of religion, race, caste, sex or place of birth 
• Article 16:  Right to equality of opportunity in the matter of public employment
• Article 19: Right to freedom of speech and expression, assembly, association, movement, residence and profession 
• Articles 29 and 30: Cultural and educational rights 
• Right to vote in elections to the Lok Sabha and state legislative assembly.
• Right to contest for the membership of the Parliament and the state
• Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of  the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.
• Fundamental Duties: Along with the above rights, the citizens also owe certain duties towards the Indian State, for example, paying taxes, respecting the national flag and national anthem, defending the country and so on. 

Do You Know?

In India both a citizen by birth as well as a naturalized citizen are eligible for the office of President while in the USA, only a citizen by birth and not a naturalized citizen is eligible for the office of President.

Indian Citizenship Framework: Constitutional Foundations and Legislative Dimensions #

• Constitional Provisions: 
  • The Constitution deals with citizenship from Art. 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 its commencement (January 26, 1950). 
  • It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. 
• Parliamentary Authority: The Constitution empowers the Parliament to enact a law to provide for such matters and any other matter relating to Indian citizenship. 
  • Accordingly, the Parliament has enacted the Citizenship Act (1955), which has been amended from time to time. 
  • It deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
• As per Indian Constitution, four categories of persons became the citizens of India at its commencement (January 26, 1950).

Constitutional Dimensions of Indian Citizenship: Articles 9 to 11 and the Citizenship Act (1955) #

• Article 9: No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily become the citizen of any foreign state.
• Article 10: Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.
• Article 11: Parliament shall have the power to make any provision with respect to the acquisition and termination of Indian citizenship and all other matters related to it.
• Accordingly, Parliament has passed the Citizenship Act (1955) which provides for acquisition and loss of Indian citizenship after the commencement of the Constitution.

Conclusion #

In India, Indian citizenship is a fundamental aspect of the legal framework that defines the rights and privileges of individuals. While the Constitution identifies the different categories of citizens, the Citizenship Act of 1955 provides for the acquisition and loss of Indian citizenship through legal provisions.