Understanding Citizenship in India: Rights, Provisions and Loss of Status

Citizenship defines the legal relationship between an individual and a state, entitling them to specific rights and responsibilities. In modern nations, citizenship grants people a political identity and certain privileges, distinguishing them from aliens. In India, the Constitution outlines citizenship criteria and rights, with unique provisions for citizenship and loss of citizenship under the Citizenship Act of 1955.

Citizenship in India

Understanding Citizenship: Definition, Rights, and the Distinction Between Citizens and Aliens

• Definition of Citizenship: Citizenship has been defined as full and equal membership of a political community. It is a legal status and relation between an individual and a state that entails specific legal rights and duties. 
• Collective Political Identity: In the contemporary world, states provide a collective political identity to their members as well as certain rights. 
  • Therefore, we think of ourselves as Indians, or Japanese, or Germans, depending on the state to which we belong. 
  • In any modern country, there are essentially two groups of people – citizens and aliens.
• Categories of People: Citizens vs. Aliens
  • A citizen of a particular state is someone who has full membership in that state’s political community. 
    • They get to enjoy all the rights related to both civil and political matters within that State.
• On the other hand, an alien or a mere resident is a person who belongs to some other political community or state. 
  • Therefore, they don’t have access to all the rights that make up full membership in that state. Aliens are further divided into two categories:
• Rights and Privileges: This distinction helps in defining the different sets of rights and privileges that citizens and aliens have within a country. 
  • In India, citizens have specific rights granted to them by the Indian Constitution that are not accessible to foreigners. 
  • Example: certain Fundamental Rights are exclusive to Indian citizens.

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Note : Only citizens have the right to vote in elections to the Lok Sabha and State Legislative Assemblies.                     

Single Citizenship           

• • Single Citizenship in India: The Indian Constitution is federal with a dual polity (Centre and states) but has only a single citizenship i.e., Indian citizenship. 
  • Comparison with Dual Citizenship: In contrast, the USA and Australia have dual citizenship, where individuals are citizens of both the country and their specific state. 
    • This can lead to discrimination, as states may favor their citizens in rights like voting, holding public office, and practicing professions.  
  • Advantages of Single Citizenship: To avoid issues related to multiple citizenships, India has a system of single citizenship under which  all citizens, regardless of their birthplace or place of residence, enjoy the same political and civil rights throughout the country without any discrimination. 

• Exceptions to Single Citizenship in India: However, there are certain exceptions to this general rule:

• Residence Requirement for Employment: The Parliament, under Article 16, can specify residence within a state or union territory as a condition for certain employment or appointments in that region or for local authorities. 
  • The Parliament enacted the “Public Employment (Requirement as to Residence) Act, 1957,” which authorized the Government of India to prescribe residential qualifications only for non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur, and Tripura. 
  • As this act expired in 1974, there are no such provisions for any state except Andhra Pradesh and Telangana (Article 371D).
• Discrimination Based on Residence: The Constitution, under Article 15, prohibits discrimination against any Indian citizen based on religion, race, caste, sex, or place of birth. 
  • However, states have the discretion to provide special benefits or preferences to their residents in areas that are not covered by the rights granted by the Constitution. 
  • Example: A state may offer education fee concessions to its residents.
• Protection of Tribal Interests: The freedom of movement and residence (under Article 19) is subject to the protection of the interests of scheduled tribes. 
  • This means that the right of outsiders to enter, reside, and settle in tribal areas is restricted to protect the distinctive culture, language, customs, and traditions of scheduled tribes and to safeguard their traditional livelihoods and property from exploitation.

Provisions for the Citizenship in the Constitution

• Constitutional Provisions for Citizenship: Citizenship provisions in the Indian Constitution are outlined in Part II and covered from Articles 5 to 11. 
  • However, these provisions solely identify those who became Citizens of India on January 26, 1950 and  lack detailed regulations. 
  • Parliamentary Authority: The Constitution has empowered Parliament to enact a law to provide for matters like acquisition and loss of citizenship. 
  • The Citizenship Act and Amendments: Correspondingly, Parliament enacted the Citizenship Act (1955), which has been amended many times subsequently in 1957, 1960, 1985, 1986, 1992, 2003, 2005, 2015 and 2019.
• Following table deals with the articles related to Citizenship in India:

Loss of Citizenship

• The Citizenship Act, 1955, outlines three methods by which an individual can lose their citizenship, regardless of whether they acquired it through this Act or earlier under the Indian Constitution.
• Renunciation of Citizenship (Section 8)

• • Renunciation of Indian Citizenship: If any citizen of India of full age and capacity, makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registra­tion, that person shall cease to be a citizen of India. 
    • However, if this decision is made during a war involving India, the government can delay the process until they decide otherwise. 
  • Impact on Minor Children: When a person loses their Indian citizenship, any minor children they have will also lose their Indian citizenship.
    • But, if such a child, after turning eighteen, wants to become an Indian citizen again, they can do so by making a declaration within one year of their eighteenth birthday.

• Termination of Citizenship (Section 9)

• • Termination Due to Foreign Citizenship: Any Indian citizen who willingly becomes a citizen of another country, either before the commencement of this law or after January 26, 1950, will no longer be considered an Indian citizen. 
    • However, this rule doesn’t apply during times of war involving India.
  • Determination of Foreign Citizenship: If there’s a question about when or how someone acquired another country’s citizenship, it will be decided by a designated authority following specific rules of evidence and guidelines set by the law. 
  • Passport as Evidence of Foreign Citizenship: It’s important to note that getting another country’s passport is also considered as voluntarily acquiring their nationality, as stated in the Citizenship Rules of 1956.

• Deprivation of Citizenship (section 10)

• Grounds for Revocation: The Indian government has the authority to revoke an individual’s Indian citizenship under specific circumstances, such as when:
  • Deceit or False Statements: The person acquired citizenship through deceit, false statements, or by hiding important information.
  • Demonstrated Disloyalty: The individual has demonstrated disloyalty or dissent towards the Constitution of India through their actions or words.
  • Unlawful Trade During War: During a war involving India, the person engaged in unlawful trade or communication with an enemy, or associated with businesses that knowingly supported an enemy during the war.
  • Prison Sentence: Within five years of becoming a citizen through registration or naturalization, the person received a prison sentence of at least two years in any country.
  • Continuous Residence Outside India: The person resided outside India continuously for seven years, with exceptions for the following: 
    • Who were students in a foreign country,
    • Employed by the Indian government, 
    • A member of an international organization India belongs to, or regularly registered their intent to retain Indian citizenship at an Indian consulate.

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Conclusion

Understanding citizenship is crucial for recognizing the legal status and rights of individuals within a country. 

• In India, the Constitution and Citizenship Act establish clear rules for acquiring and losing citizenship, ensuring uniformity and legal clarity. 
• These provisions help maintain national integrity and uphold democratic values by defining the rights and duties of Indian citizens.

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