Citizenship in India: A Comprehensive Study

Introduction

The term "citizenship" is not explicitly defined in the Constitution of India. Citizenship refers to the connection between an individual and the nation-state, granting individuals social and political rights in exchange for fulfilling specific duties owed to the State. It signifies the legal recognition of an individual as a lawful citizen of a particular nation and is a right granted by the Constitution. However, the Constitution does not include complete legislation on citizenship. Part II of the Constitution outlines the categories of individuals eligible for Indian citizenship, while the laws enacted by Parliament exclusively determine the legislation governing citizenship. Citizenship establishes the relationship between a person and their governing state, distinguishing between citizens and aliens, with aliens being ineligible for citizenship.

Citizenship Principles

Jus Soli (Right of the Soil)

Jus Soli is a legal principle that grants citizenship to individuals based on their place of birth. Originating from Latin, this concept ensures that an individual attains citizenship by being born in a particular country. This principle aligns with inclusive and egalitarian values, providing a straightforward criterion for citizenship based on birth location.

Jus Sanguinis (Right of Blood)

Jus Sanguinis is a legal principle that grants citizenship based on the nationality or ethnicity of one's parents, irrespective of the individual's place of birth. Under this theory, an individual obtains citizenship due to their parentage, emphasizing lineage and heritage over geographical location. The Constituent Assembly of India rejected Jus Sanguinis due to its perceived racial discrimination, favoring the Jus Soli principle as proposed by the Motilal Nehru Committee in 1928.

Constitutional Provisions

The Constitution addresses the issue of citizenship in two distinct ways:

1. Citizenship at the commencement of the Constitution (January 26, 1950).

2. Citizenship rules and procedures post-January 26, 1950.

Citizenship at the Commencement of the Constitution

Part II of the Constitution (Articles 5-11) specifies the criteria for individuals who were eligible to be considered citizens of India on January 26, 1950. These provisions were designed to address the immediate needs of nation-building post-independence, recognizing those who had a domicile in India and ensuring a seamless transition from colonial rule to a sovereign republic.

Article 5: This article confers citizenship to all persons domiciled in India who were born in India or whose parents were born in India. Additionally, anyone who had been an ordinary resident in India for more than five years was entitled to apply for citizenship.

Article 6: This article provides that individuals who migrated to India from Pakistan before July 19, 1949, would automatically become Indian citizens if either of their parents or grandparents were born in India. Those who entered India after this date needed to register themselves.

Article 7: Individuals who migrated from India to Pakistan after March 1, 1947, were not deemed citizens of India. However, if such persons returned to India under a permit for resettlement or permanent return issued by law, they would be considered Indian citizens.

Article 8: Any person of Indian origin residing outside India, whose parents or grandparents were born in India, could register as an Indian citizen with the Indian Diplomatic Mission.

Article 9: This article states that any person who voluntarily acquires the citizenship of a foreign state will no longer be considered a citizen of India.

Article 10: This article ensures that every person who is or is deemed to be a citizen of India under the provisions of Part II shall continue to be such, subject to the provisions of any law made by Parliament.

Citizenship Rules and Procedures Post-January 26, 1950

The Citizenship Amendment Act of 1955 was enacted under the authority of Article 11 of the Constitution. This Act addresses the process of acquiring and terminating citizenship post-January 26, 1950, and outlines the conditions for citizenship by birth, descent, registration, naturalization, and incorporation of territory.

Citizenship Amendment Act of 1955

The Act of 1955 provides a comprehensive framework for the acquisition and termination of citizenship:

• By Birth:

  A person born in India on or after January 26, 1950, but before July 1, 1987, is an Indian citizen by birth. Individuals born after July 1, 1987, must have at least one parent who is an Indian citizen at the time of their birth.

• By Descent:

  A person born outside India on or after January 26, 1950, but before December 10, 1992, is an Indian citizen by descent if their father was an Indian citizen at the time of their birth. For those born after December 10, 1992, either parent being an Indian citizen is sufficient.

• By Registration:

  Certain categories of persons can acquire citizenship by registration, including persons of Indian origin who are residents of India for a specified period, spouses of Indian citizens, and minor children of Indian citizens.

• By Naturalization:

  Foreign nationals can acquire Indian citizenship through naturalization if they meet specific residency and other requirements.

• Incorporation of Territory:

  If a new territory becomes part of India, the Government of India specifies the persons who shall be citizens of India.

Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019, introduced significant changes to the existing framework:

• It allows members of six communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Pakistan, Bangladesh, and Afghanistan to apply for Indian citizenship if they entered India before December 31, 2014.

• The Act reduces the requirement for citizenship from 11 years to 5 years for these communities, facilitating a faster path to citizenship.

Case Laws

Sondur Gopal vs. Sondur Rajini (2013 SC)

This case addresses the issue of domicile of choice. The Supreme Court held that mere acquisition of a domicile in another country is insufficient; there must be a clear intention to abandon the domicile of origin.

Bhanwaru Khan vs. Union of India (2002 SC)

In this case, the Supreme Court recognized that individuals who voluntarily migrated to Pakistan and acquired Pakistani citizenship cannot return to India and claim Indian citizenship, even if they have lived in India for a long time and their names are included in the voter list.

R.C. Cooper vs. Union of India

The Supreme Court held that if the State’s action impairs the rights of shareholders and the company, the shareholders are entitled to protection under Article 19 of the Constitution. This case demonstrates the flexible approach adopted by the Supreme Court in interpreting the rights of citizens.

Conclusion

Citizenship in India is a complex and multifaceted concept governed by constitutional provisions and legislative enactments. Part II of the Constitution and the Citizenship Amendment Act of 1955, along with subsequent amendments, provide a comprehensive framework for determining citizenship. The principles of Jus Soli and Jus Sanguinis, constitutional articles, and key case laws offer a nuanced understanding of the legal and social dimensions of citizenship in India.

References

1. Constitution of India

2. Citizenship Amendment Act, 1955

3. Citizenship (Amendment) Act, 2019

4. Sondur Gopal vs. Sondur Rajini (2013 SC)

5. Bhanwaru Khan vs. Union of India (2002 SC)

6. R.C. Cooper vs. Union of India