Citizenship in India

Introduction

The people of the country are in general divided as citizens and non- citizens of that country. In Black’s Law Legal Dictionary, the citizen is a member of a free city or jural society. Possessing all the rights and privileges which can be enjoy by any person under its Constitution and government, and subject to the corresponding duties. Citizenship is the relation between an individual and a state or a country under which the people are being protect. In simple words, citizenship is define as the state of being a citizen. Being a citizen of a country, a person is benefitted by certain rights and privileges. In addition to that, every citizen should legally abide by the rules. They are entitled to follow legal duties, rights, and liabilities as well.

History of formation of Citizenship

The concept of Citizenship was evolved in Ancient Greece. Initially only the merchants were given the right of Citizenship due to their transactions with other foreign countries. Later the Renaissance period, the concept of Citizenship grew further by expanding its rights to the properties. India attained Independence after a great struggle which led to the partition of British India into two countries namely Pakistan and India. After the Independence, the people give the opportunity of settling in either India or Pakistan. Later a few migrated from one country to another in the position of stateless or as a refugee. Thus providing citizenship for the migrated became a tedious process. For the above-said reasons, the framers included provisions relating to the Citizenship under Articles 5 to 11 enshrined in Part II of the Constitution.

Constitutional provisions for Citizenship

The President is consider to be the 1^st citizen of the country.

• Article 5: Citizenship at the commencement of the Constitution:

Every person should have a domicile in India and born in the territory of India or either of whose parents were born in India or an ordinary resident in India for at least 5 years before the commencement of the Constitution shall be a citizen of India. The term “citizen” includes only a natural person and not juristic persons. Also the domicile of the parent at the time of birth or what is term as “domicile of origin” constitutes the domicile of an infant and continues till it is abandone.[1]

• Article 6: Rights of Citizenship of certain persons who have migrated to India from Pakistan:

This article provides citizenship by dividing into two classes as people, who migrated before and after 19^th July, 1948. Either of the person’s grandparents was born in India. Any person who migrate before the date is consider to be a citizen of India from the date of migration. Any person who migrated after the said date should be registered as a citizen by any competent authority and he should have a residence in India for not less than 6 months immediately preceding the date of his application. The migration should be complete before the commencement of the Constitution and their movement should be voluntary and not temporary.

• Article 7: Rights of Citizenship of certain migrants to Pakistan:

This article overrides the Articles 5 and 6. The citizens are divide into two categories. The first category is any person who has migrate from India to Pakistan after 1^st March 1947 shall not be deem to be a citizen of India. The next category is any person who has return to India from Pakistan after 1^st March 1947 shall be consider as a citizen of India if the condition according to Article 6(b) is satisfy. The term “migration” is meant “coming to India with the intention of residing in India permanently”.[2]

• Article 8: Rights of Citizenship of certain persons of Indian origin residing outside India:

A person can acquire Indian citizenship if he or his parents or his grandparents are born in undivided India. Here undivided India refers to British India. And in addition to that, he should be registered as a citizen of India by the diplomatic or consular representative of India in the other country where he is temporarily residing. Residing outside India does not include Pakistan as any country outside India since Pakistan was not outside the India of the Government of India Act, 1935.

• Article 9: Persons voluntarily acquiring citizenship of a Foreign State not to be citizens:

Any person who has voluntarily acquired citizenship of a foreign state before the Commencement of the Constitution cannot under Articles 5, 6, and 8 acquire Indian citizenship.

• Article 10: Continuance of the Rights of Citizenship:

Any citizen of India shall be subject to the laws made by the Parliament.

• Article 11: Parliament to regulate the right of Citizenship by law:

The Parliament can make laws related to citizenship and can also make any provisions relating to the acquisition and termination of citizenship. The Indian Citizenship Act, 1955 was enacted by the provisions said under this article.

Modes of Acquiring Citizenship: (Indian Citizenship Act, 1955)

Sections 3 to 6 of the Indian Citizenship Act, 1955 deals with various ways of acquiring Indian Citiz3nship.

By birth (section 3):A person born in India is consider a citizen of India if either of their parents is a citizen of India and the other parent should not be an illegal migrant at the time of their birth.

By descent (section 4):A person born outside India acquires citizenship such type is citizenship by descent. In case the father of such a person has acquired citizenship then that person cannot acquire citizenship without certain requirements.

By registration (section 5):Indian Citizenship by registration cannot be acquire by the illegal migrants. There are various requirements provided by the act by following those requirements, a person or their parents can apply for registration of Indian Citizenship.

By naturalization (section 6):Indian Citizenship by naturalization can be acquire by the illegal migrants who are residing in India without being recognize by law for more than 12 years.

Conclusion

Unlike America, India did not have a state domicile and followed only single citizenship. It is declare that there can be State domicile though a person can have only one citizenship i.e., Indian citizenship.[3] Thus a person can acquire an Indian Citizenship if all the conditions are fulfill. It is to be note that the right to citizenship is not a fundamental right they possess.

---

References:

[1] Dr. Pradeep Jain v. UOI , AIR 1984 SC 1420.

[2] Shanno Devi v Mangal Sain, AIR 1961 SC 68 (61-2)

[3] D.P.Joshi v. State of Madhya Bharat, AIR 1955 SC 334.