CITIZENSHIP
CITIZENSHIP
Citizenship signifies the relationship between the individual and the state. Like any
other modern state, India has two kinds of people - citizens and aliens. Citizens are full
members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
Citizenship is an idea of exclusion as it excludes non-citizens. There are two well-known
principles for the grant of citizenship: a. while ‘jus soli’ confers citizenship on the basis of
place of birth, ‘jussanguinis’ gives recognition to blood ties. b. From the time of the Motilal
Nehru Committee (1928), the Indian leadership was in favour of the enlightened concept of jus
soli. c. The racial idea of discriminations was also rejected by the Constituent Assembly as it
was against the Indian ethos. d. Constitutional Provisions e. Citizenship is listed in the Union
List under the Constitution and thus is under the exclusive jurisdiction of Parliament. f. The
Constitution does not define the term ‘citizen’ but details of various categories of persons who
are entitled to citizenship are given in Part 2 (Articles 5 to 11). g. Unlike other provisions of
the Constitution, which came into being on January 26, 1950, these articles were enforced on
November 26, 1949 itself, when the Constitution was adopted.
Article 5: It provided for citizenship on commencement of the Constitution. All those domiciled and
born in India were given citizenship. Even those who were domiciled but not born in India, but either
of whose parent was born in India, were considered citizens. Anyone who had been an ordinary
resident for more than five years, too, was entitled to apply for citizenship.
Article 6: It provided rights of citizenship of certain persons who have migrated to India from
Pakistan. Since Independence was preceded by Partition and migration, Article 6 laid down
that anyone who migrated to India before July 19, 1949, would automatically become an Indian
citizen if either of his parents or grandparents was born in India. But those who entered India
after this date needed to register themselves.
Article 7: Provided Rights of citizenship of certain migrants to Pakistan. Those who had
migrated to Pakistan after March 1, 1947 but subsequently returned on resettlement permits
were included within the citizenship net. The law was more sympathetic to those who migrated
from Pakistan and called them refugees than to those who, in a state of confusion, were stranded
in Pakistan or went there but decided to return soon.
Article 8: Provided Rights of citizenship of certain persons of Indian origin residing outside
India. Any Person of Indian Origin residing outside India who, or either of whose parents orgrandparents, was born in India could register himself or herself as an Indian citizen with Indian
Diplomatic Mission.
Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State
will no longer be a citizen of India.
Article10: It says that every person who is or is deemed to be a citizen of India under any of
the foregoing provisions of this Part shall, subject to the provisions of any law that may be
made by Parliament, continue to be such citizen.
Article 11: It empowers Parliament to make any provision with respect to the acquisition and
termination of citizenship and all matters relating to it. Acts and Amendments.
1. The Citizenship Act, 1955 provides for the acquisition and determination of Indian
citizenship.
2. Acquisition and Determination of Indian Citizenship.
3. There are four ways in which Indian citizenship can be acquired: birth, descent,
registration and naturalization. The provisions are listed under the Citizenship Act,
1955.
By Descent: A person born outside India on or after January 26, 1950 is a citizen of India by
descent if his/her father was a citizen of India by birth. A person born outside India on or after
December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of
India by birth. If a person born outside India or after December 3, 2004 has to acquire
citizenship, his/her parents have to declare that the minor does not hold a passport of another
country and his/her birth is registered at an Indian consulate within one year of birth.
By Naturalization:
A. A person can acquire citizenship by naturalization if he/she is ordinarily resident of
India for 12 years (throughout 12 months preceding the date of application and 11 years
in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship
Act.
B. The Act does not provide for dual citizenship or dual nationality. It only allows
citizenship for a person listed under the provisions above i.e. by birth, descent,
registration or naturalization.
C. The act has been amended four times in 1986, 2003, 2005, and 2015.
D. Through these amendments Parliament has narrowed down the wider and universal
principles of citizenship based on the fact of birth.
E. Moreover, the Foreigners Act places a heavy burden on the individual to prove that
he/she is not a foreigner.
F. 1986 amendment: Unlike the constitutional provision and the original Citizenship Act
that gave citizenship on the principle of jus soli to everyone born in India, the 1986
amendment to Section 3 was less inclusive.
G. The amendment has added the condition that those who were born in India on or after
January 26, 1950 but before July 1, 1987, shall be Indian citizen.
H. Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own
birth in India, can get citizenship only if either of his parents was an Indian citizen at
the time of birth.
I. 2003 amendment: The amendment made the above condition more stringent, keeping
in view infiltration from Bangladesh.
J. Now the law requires that for those born on or after December 4, 2004, in addition to
the fact of their own birth, both parents should be Indian citizens or one parent must be
Indian citizen and other should not be an illegal migrant.
K. With these restrictive amendments, India has almost moved towards the narrow
principle of jus sanguinis or blood relationship.
L. This lays down that an illegal migrant cannot claim citizenship by naturalization or
registration even if he has been a resident of India for seven years.
M. Citizenship (Amendment) Bill 2019: The amendment proposes to permit members of
six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from
Pakistan, Bangladesh and Afghanistan — to continue to live in India if they entered
India before December 14, 2014.
N. It also reduces the requirement for citizenship from 11 years to just 6 years.
O. Two notifications also exempted these migrants from the Passport Act and Foreigners
Act.
P. A large number of organizations in Assam protested against this Bill as it may grant
citizenship to Bangladeshi Hindu illegal migrants.
Q. The justification given for the bill is that Hindus and Buddhists are minorities in
Bangladesh, and fled to India to avoid religious persecution, but Muslims are a majority
in Bangladesh and so the same cannot be said about them.
R. Now the law requires that for those born on or after December 4, 2004, in addition to
the fact of their own birth, both parents should be Indian citizens or one parent must be
Indian citizen and other should not be an illegal migrant.
S. With these restrictive amendments, India has almost moved towards the narrow
principle of jus sanguinis or blood relationship.
T. This lies down that an illegal migrant cannot claim citizenship by naturalization or
registration even if he has been a resident of India for seven years.
U. Citizenship (Amendment) Bill 2019: The amendment proposes to permit members of
six communities Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan,
Bangladesh and Afghanistan to continue to live in India if they entered India before
December 14, 2014. It also reduces the requirement for citizenship from 11 years to
just 6 years.
V. Two notifications also exempted these migrants from the Passport Act and Foreigners
Act.
W. A large number of organizations in Assam protested against this Bill as it may grant
citizenship to Bangladeshi Hindu illegal migrants. The justification given for the bill is
that Hindus and Buddhists are minorities in Bangladesh, and fled to India to avoid
religious persecution, but Muslims are a majority in Bangladesh and so the same cannot be said about them.
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