Citizenship

Citizenship, as defined, refers to the full membership of an individual within the political community or state where they reside. This term holds significant weight in democratic contexts, permeating various aspects of political discourse, formal legal documentation, laws, constitutions, party manifestos, and speeches. 

The widely accepted understanding of citizenship revolves around the notion of "full and equal membership in a political community," wherein citizens are granted specific legal rights and duties by the state. This concept, articulated by English Sociologist TH Marshall in 1949, encompasses privileges such as employment, voting rights, and eligibility for public appointments conferred by the nation. 

Citizenship, essentially, is the status of being a citizen, entailing a set of rights and responsibilities. In the context of a republic, the elected head of the state assumes the role of the country's first citizen. Notably, citizens differ from aliens—individuals residing in a country without acquiring its citizenship—who do not enjoy all the rights integral to full state membership. 

Two fundamental principles underlie citizenship: Jus soli, which grants citizenship based on place of birth, and Jus Sanguinis, which confers citizenship based on blood ties. These principles underscore the diverse criteria through which individuals attain the status of a citizen within a political community. 

In India, a sole form of citizenship exists—specifically, the citizenship of the Union of India. The Constitution, detailed in Articles 5 to 8, establishes citizenship from the inception of the Constitution, namely, starting from January 26, 1950. 

Categories of Citizenship: 

Single Citizenship 

• In accordance with the principle of single citizenship, every Indian, regardless of their place of residence, is considered a member of India as a whole, rather than being associated with individual states. 
• To foster a sense of unity and fraternity among its citizens and to forge an integrated Indian nation, the Indian Constitution, akin to the Canadian Constitution, instituted a framework of single citizenship. The Constitution also conferred standardized rights to the people of India, with a few exceptions. 
• India has adopted the concept of single citizenship from the British Constitution (while several federal states, including the United States and Switzerland, employ a dual citizenship system). 
• Despite its federal structure, the Indian Constitution affords all Indians a singular citizenship. There is no discrimination among citizens of India; they all enjoy the same political and civil rights throughout the nation, regardless of their birthplace or current residence. 
• Citizens of India possess uniform political and civil rights across the nation, irrespective of their birthplace or current residence.  
• Consequently, the vision of the founding fathers and the framers of the Constitution to establish a fully integrated and united India remains incompletely realized. 

Dual Citizenship 

• The Constitution of India prohibits any Indian citizen from holding citizenship in two states simultaneously. If an individual voluntarily acquires citizenship of another country, their Indian citizenship automatically ceases. 
• The Indian Citizenship (Amendment) Act of 2005 brings modifications to the Citizenship Act of 1955. According to this Act, the Central Government has the authority to confer status based on an application submitted by a person who: 
  • Is a citizen of a specific country and of Indian origin. 
  • Acquired citizenship of a specific country after the enactment of the Citizenship (Amendment) Act of 2003 but was an Indian citizen before that. 
  • Has been registered as an overseas Indian citizen, granting them the rights of an overseas Indian citizen from the date of registration. 

Constitutional Provisions related to Citizenship 

Additional Citizenship Provisions 

In addition to the aforementioned provisions, our Constitution encompasses further aspects related to citizenship: 

• Article 9 stipulates that no person shall be deemed a citizen of India under Article 5 or Article 6 if they have voluntarily acquired the citizenship of any foreign state. 
• Article 10 asserts that individuals deemed citizens of India under the previous provisions shall continue to be citizens, subject to laws made by Parliament. 
• Article 11 emphasizes that the preceding provisions do not limit Parliament's authority to legislate on citizenship acquisition, termination, and related matters. 

Exclusive Privileges for Indian Citizens 

• The Constitution grants specific rights and privileges exclusively to citizens of India, withholding them from aliens: 
  • The right against discrimination based on religion, race, caste, sex, or place of birth (Article 15). 
  • Equality of opportunity in public employment (Article 16). 
  • Freedom of speech, expression, assembly, association, movement, residence, and profession (Article 19). 
  • Cultural and educational rights (Articles 29 and 39). 
  • The right to vote in elections for the Lok Sabha and State Legislative Assembly. 
  • The right to contest for membership in the Parliament and State Legislature. 
  • Eligibility for holding specific public offices such as President of India, Vice-President of India, Judges of the Supreme Court and High Courts, Governor of States, Attorney General of India, and Advocate General of States. 
• These rights come with corresponding obligations to the Indian State, encompassing responsibilities like paying taxes and upholding the national anthem and flag. 

Rights and Duties of Citizens 

• Distinct rights provided exclusively to citizens, not extended to aliens, include those under Articles 15, 16, 19, 29, and 30, along with the right to vote, contest elections, and hold public office. 
• Article 16 and Article 326 are not accessible to Overseas Citizens of India (OCI).  
• While Non-Residents of India (NRIs) have recently been granted the right to vote, this does not permit voting through postal ballots; NRIs must be physically present in their registered constituency on the day of polling. 
• Constitutional posts are reserved for citizens of India, excluding foreigners or OCI/PIO holders.  
• Duties unique to citizens, not applicable to aliens, encompass tax payment, showing respect for national symbols, and defending the country. 
• In India, both citizens by birth and naturalization are eligible for the office of President.  
• In contrast, the United States limits eligibility for the presidency to citizens by birth. Enemy aliens lack protection against arrest and detention, as outlined in Article 22. 

Fundamental Rights to Foreigners 

• Article 14 Equality before law. 
• Article 20 Protection in respect of conviction for offenses. 
• Article 21 Protection of personal life and liberty. 
• Article 21 A Right to elementary education. 
• Article 22 Protection against arrest and detention in certain cases. 
• Article 23 Prohibition of human trafficking and forced labour. 
• Article 24 Prohibition of employment of children in factories. 
• Article 25 Freedom of conscience and free profession, practice and propagation of religion. 
• Article 26 Freedom to manage religious affairs. 
• Article 27 Freedom from payment of taxes for promotion of any religion. 
• Article 28 Freedom from attending religious instructions or worship in certain educational institutions.

The Citizenship Act of 1955  

• The Citizenship Act of 1955 outlines the procedures for gaining and losing citizenship following the commencement of the Constitution. 
• This legislation has undergone eight amendments in the years 1957, 1960, 1986, 1992, 2003, 2005, 2015, and 2019. 

Acquisition of Citizenship 

The acquisition of Indian citizenship is delineated in five distinct methods as stipulated by the Act: by birth, by descent, by registration, by naturalization, and by the incorporation of territory. 

Citizenship in India can be acquired through various means, each with its own set of criteria. Let's break it down: 

By Birth: 

• Anyone born in India between January 26, 1950, and July 1, 1987, is automatically a citizen of India by birth. 
• This holds true if at least one of their parents is a citizen of India during their birth. However, exceptions apply if the father is a diplomat of another country or an enemy alien. 
• For those born in India after December 3, 2004, citizenship is granted if both parents are Indian citizens, or if one is a citizen and the other is not an illegal migrant.  
• Foreign diplomats' and enemy foreigners' children are exempt from this provision. 

By Descent: 

• Individuals born outside India after January 26, 1950, are considered citizens by descent if at least one parent is an Indian citizen at the time of their birth. 
• Those born between December 10, 1992, and December 3, 2004, are automatically citizens of India. 

By Registration: 

• The prescribed authority can register any person as a citizen of India upon application, irrespective of birth circumstances. 
• This option is open to various categories, including persons of Indian origin residing in India for seven years, persons of Indian origin residing outside undivided India, women married to Indian citizens, and minor children of Indian citizens. 

By Naturalisation:

Securing citizenship through naturalisation involves a formal application process with specific qualifications. These requirements include: 

• Being of full age and capacity. 
• Not holding citizenship in a country that prohibits its citizens from naturalising as Indian citizens, having renounced the citizenship of that country. 
• Having either lived in India or served in government for a continuous 12-month period before applying for naturalisation. Alternatively, in the seven years preceding these 12 months, having lived or served in government for a minimum of four years. 
• Taking an oath of allegiance. 
• Demonstrating good character. 
• Possessing adequate proficiency in a language recognized by the Constitution in the Eighth Schedule. 

By Incorporation of Territories 

• If any new territory becomes a part of India, after a popular verdict, the Government of India shall specify the persons of that territory to be the citizens of India. 

Citizenship Amendment Act, 1986

In 1986, the Indian Citizenship Act of 1955 underwent an amendment to address the challenges posed by a significant influx of individuals entering India illegally from Bangladesh, Sri Lanka, and certain African countries. 

Citizenship Amendment Bill, 2015

• Parliament approved the Citizenship Amendment Bill in March 2015.  
• Despite India not allowing dual citizenship, this bill was enacted to extend facilities akin to Indian citizenship to individuals of Indian origin residing abroad.  
• The amendment targets the Civil Rights Act of 1955, specifically addressing provisions related to migrant citizens. 

The Citizenship Amendment Act of 2019 

• The Citizenship Amendment Act of 2019 makes amendments to the Citizenship Act of 1955, introducing significant changes. The key provisions include: 
  • Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan, who entered India on or before December 31, 2014, are not considered illegal migrants under the amended Act. This amendment came into effect on January 10, 2020. 
  • The eligibility period for acquiring citizenship by naturalization for these communities has been reduced from 11 years to 5 years. 
  • Additionally, the Act empowers the Central Government to cancel the registration of Overseas Citizens of India if they have violated the provisions of the Act or any other law specified by the Central Government. 

Loss of Citizenship 

• Citizenship loss is addressed in Article 10, affirming that a citizen's right to citizenship cannot be revoked except through legislation enacted by Parliament.  
• The Citizenship Act of 1955 further specifies three modes through which an Indian citizen may cease to hold citizenship. These modes are as follows: 

Citizenship loss involves two key modes: Renunciation and Deprivation. 

Renunciation: 

• A voluntary process where an individual, after gaining citizenship in another country, voluntarily relinquishes their Indian citizenship, subject to specific conditions. 
• When someone renounces Indian citizenship, any minor child of that person also loses Indian citizenship. 
• However, the child has the opportunity to regain Indian citizenship upon reaching the age of 18. 

Termination: 

Termination occurs automatically by operation of law when an Indian citizen voluntarily acquires the citizenship of another country. In such cases, the individual ceases to be an Indian citizen, as outlined in Article 9. 

Deprivation: 

The Central Government has the authority to terminate an individual's Indian citizenship based on specific conditions: 

• Displaying disloyalty to the Constitution of India. 
• Unlawfully communicating with the enemy during wartime. 
• Being imprisoned in any country for two years within five years after registration or naturalization. 
• Continuous ordinary residence outside India for seven years. 
• Additionally, Indian citizenship is forfeited in scenarios such as marrying a person from another country and acquiring citizenship there, undertaking government employment abroad, and instances of insanity, beggarhood, retirement, and other specified circumstances. 

Indian Citizenship for Foreign Nationals 

• In 2000, led by LM Singhvi, a thorough examination of the Indian Diaspora was conducted, aiming to formulate recommendations for fostering positive relations with them. 
• The committee presented its findings in 2002, proposing an amendment to the Citizenship Act of 1955 to offer dual citizenship to individuals of Indian origin, with exceptions in specific countries (Pakistan and Bangladesh). 

Person of Indian Origin 

• A Person of Indian Origin (PIO) means a foreign citizen (except a nation of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) 
• Individuals who have held an Indian passport at any point, or whose parents, grandparents, or great-grandparents were born and permanently resided in India as defined by the Government of India Act, 1935, including other territories subsequently integrated into India.  
• Additionally, individuals who are spouses of Indian citizens or Persons of Indian Origin (PIO) fall under this category.  
• PIO cardholders enjoy visa-free travel within India for 15 years from the date of card issuance. 

Overseas Citizens of India 

• OCI, or Overseas Citizen of India, refers to an individual who meets specific criteria, including being a citizen of India on or after January 26, 1950, or being eligible for Indian citizenship on that date. 
• This category extends to the children or grandchildren of such individuals.  
• Section 7A of the OCI card rules outlines that an applicant is ineligible for the OCI card if they, their parents, or grandparents have ever been citizens of Pakistan or Bangladesh. 
• OCI, often referred to as dual citizenship, has been in effect since December 2005.  
• It encompasses foreign citizens who are eligible for Indian citizenship on January 26, 1950, or were citizens of India on or after that date, as well as citizens of regions acceding to India after August 15, 1947. 
• Introduced by the government in 2005, the OCI category was further consolidated with the Person of Indian Origin (PIO) category in 2015 through the Citizenship (Amendment) Act of 2015. 

Benefits for OCI Cardholders 

• OCI cardholders enjoy several privileges, including multiple entries into India, a multipurpose lifelong visa, and exemption from registering with the Foreigners Regional Registration Office (FRRO).  
• After five years of OCI registration, individuals become eligible to apply for Indian citizenship.  
• At Indian international airports, special immigration counters are designated for OCI cardholders.  
• Additionally, they can open special bank accounts, purchase non-farm property, exercise ownership rights, and apply for a Permanent Account Number (PAN) card. 

Limitations for OCI Cardholders 

• However, there are certain limitations for OCI cardholders.  
• They do not possess voting rights, cannot hold government jobs, and are restricted from buying agricultural or farmland.  
• Travel to restricted areas requires government permission. 

Non-Resident Indians (NRI) 

• Non-Resident Indians (NRIs) are individuals who, while holding an Indian passport, reside in foreign countries.  
• The criteria for NRI status include not residing in India for 182 days or more in a financial year. 
• This category also includes individuals deported by the United Nations Organisation or appointed by the Government of India. NRIs enjoy the same rights as Indian citizens. 

Voting Rights for NRI 

• In 2012, on the occasion of the 10th Pravasi Bharatiya Divas (PBD), the Indian Government granted Non-Resident Indians (NRIs) the right to vote and participate in the election process. 
• The registration of overseas electors under the Representation of People Act, 1950, facilitated this inclusion.  
• In January 2015, the government accepted the Election Commission's empowered committee's recommendations to allow e-ballots for NRIs. 

National Population Register (NPR) 

• The NPR is a record of usual residents in India, compiled under the provisions of the Citizenship Act, 1955, and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.  
• It is mandatory for every usual resident of India to register in the NPR, which collects both demographic and biometric data.

National Register of Citizen (NRC) 

• The NRC contains the names of all genuine Indian citizens residing in India. 
• Originally prepared after the 1951 Census of India, the NRC is currently being updated in Assam to include residents (or their descendants) listed in the NRC, 1951, or in any Electoral Rolls up to midnight on March 24, 1971, or in other admissible documents proving their presence in Assam or any part of India on or before March 24, 1971.  
• The NRC update in Assam is a response to large-scale illegal migration, particularly from erstwhile East Pakistan and present-day Bangladesh, leading to the Assam Movement from 1979 to 1985, demanding the deportation of illegal migrants and updating the NRC. 
• The Assam Movement, a protest against illegal immigration, culminated in the historic Assam Accord of 1985, jointly signed by movement leaders and the Rajiv Gandhi Government.  
• The National Register of Citizens (NRC) update commenced in 2013 under the vigilant oversight of the Supreme Court of India.  
• On the midnight of December 31, 2017, the Part Draft NRC was released, followed by the complete draft on July 30, 2018. 

Indian Diaspora 

• The Indian Diaspora encompasses individuals who migrated from territories within the Republic of India and their descendants.  
• India, according to the Ministry of Overseas Indian Affairs, boasts the second-largest diaspora globally, with over 25 million members spread across major regions worldwide. 

Pravasi Bhartiya Divas 

• Pravasi Bhartiya Divas (PBD), celebrated on January 9 every two years, acknowledges the overseas Indian community's contributions to India's development.  
• Commencing in 2003, the Pravasi Bhartiya Conference, sponsored by the Ministry of Overseas Indian Affairs, commemorates Mahatma Gandhi's arrival in India from South Africa in 1915. 

Different Classes of Persons on Legal Grounds 

• Citizen: Full-fledged members of India with full allegiance to the State and Constitution, enjoying Fundamental Rights and Duties. 
• Non-Citizen: Individuals not enjoying all rights available to Indian citizens, such as the 'Right to Freedom of Speech' under Article 19, but still covered by the 'Right to Life' under Article 21. This category includes both foreign friends and enemies. 
• Stateless Person: Encompasses illegal migrants declared as such due to a lack of citizenship-related documents. 
• Refugee: Individuals seeking refuge in India due to discrimination or fear of discrimination based on factors like class, race, language, nationality, or social oppression in their country of origin, such as the Rohingya. 

Government Initiatives 

• Pravasi Kaushal Vikas Yojana (PKVY): This initiative institutionalizes the skill development process for emigrant Indian workers. 
• VAJRA (Visiting Advanced Joint Research Faculty) Scheme: It formalizes a rotation program where top NRI scientists, engineers, doctors, managers, and professionals briefly serve Indian Public Sector organizations, lending their expertise. 

Comparative Study of Non-Residential Indian (NRI), Person of Indian Origin (PIO) and Overseas Citizen of India (OCI)