Citizenship
(CITIZENSHIP)
Articles 5 to 11 in Part 2 of the Constitution describe citizenship.
The concept of citizenship indicates a person's legal status in a country.
The concept of citizenship first originated in Greek city-states.
People in India are of two types:
- Citizens
- Foreigners
Those who have political rights are called citizens, and those who do not have such rights are called foreigners.
The Indian Constitution provides for single citizenship to Indian citizens.
The concept of single citizenship was adopted from the British Constitution.
Citizenship is in the Union List.
Laws on citizenship are made by the Parliament.
Major countries in the world that provide dual citizenship - America, Switzerland, Australia.
Dual citizenship is in force in fully federal countries.
Dual citizenship means domestic citizenship + state citizenship.
Dual citizenship was in force in the state of Jammu and Kashmir. Currently, Article 370, which granted special status, constitution, and citizenship to Jammu & Kashmir, has been repealed. With this, like all parts of the country, only ordinary single citizenship exists in Jammu & Kashmir as well.
In 2019, Article 370, which granted special status to Jammu & Kashmir, was repealed. With this, dual citizenship was abolished.
Citizenship is a reflection of an individual's completeness.
The state is a society of excellent citizens - Aristotle.
Excellent citizens are the cause of the emergence of an excellent society - Aristotle.
Year in which the Indian Citizenship Act was drafted - 1955.
Articles from 5 to 11:
Article 5: According to this, all those who resided in our country as of January 26, 1950, i.e., when the Indian Constitution came into force, are Indians. Those who had been residing in India for 5 years before the commencement of the Constitution were also Indians. Similarly, all those who were born in the country after the commencement of the Constitution are Indians.
Article 6: According to this, those who migrated from Pakistan to India, if they had registered their names with the relevant commissionerates by July 19, 1948, would get Indian citizenship. Those who obtained citizenship in this method should have been registered as citizens according to the Government of India Act, 1935. (Meaning, any one of the parents or grandparents should have been born in India).
Article 7: Those who migrated to Pakistan during the partition of the country and returned to India, if they registered their names in Indian commissionerates before July 19, 1948, would get Indian citizenship.
Article 8: Even if a person is born in a foreign country, if any of their ancestors in the preceding three generations had Indian citizenship or passport, that person is eligible for Indian citizenship.
Article 9: If Indian citizens voluntarily acquire foreign citizenship, they naturally lose Indian citizenship.
Article 10: Those who are considered citizens of India continue to be citizens of India. Parliament formulates the rules related to this.
Article 11: Parliament has the ultimate authority on all matters related to citizenship, i.e., methods of acquiring citizenship and methods of revoking it. Meaning, Parliament has the power to make laws on matters related to citizenship.
Methods of Acquiring Indian Citizenship:
The Indian Citizenship Act of 1955 describes the methods of acquiring Indian citizenship. According to this Act, Indian citizenship can be acquired in 5 ways:
- Citizenship by Birth (Article 5):
Everyone born in India on or after January 26, 1950, acquires Indian citizenship. This is called 'Jus Soil' in Latin.
All those born in India between 1950 and June 30, 1987, are Indians.
For those born in India on or after July 1, 1987, either of their parents should be an Indian citizen. The Citizenship Amendment Act 2003 also mentions the same.
However, this rule does not apply to enemy nationals, foreign diplomats, and tourists.
- Citizenship by Descent (Article 8):
For those born outside India on or after January 26, 1950, and before December 10, 1992, if their father was an Indian citizen, their offspring gets Indian citizenship. This is called 'Jus-Sanguinis (Right of blood)' in Latin.
However, for those born on or after December 10, 1992, and before December 3, 2004, to get Indian citizenship, either of the parents must be a citizen of India by birth.
Or, if either of the parents is an Indian citizen by descent, their birth must be registered with the Indian Foreign Mission within one year.
A person born outside India on or after December 3, 2004, is not recognized as an Indian citizen. However, if they declare that they do not have a foreign passport and register with the Indian Consulate within one year, Indian citizenship is granted.
Prominent people who obtained citizenship by descent:
- Shashi Tharoor (born in London)
- Rahul Gandhi (born in America)
- Citizenship by Registration:
Foreigners who are married to Indian nationals can acquire citizenship by registering their names. Example: Sonia Gandhi (obtained in 1983).
According to the amendment made in 1992, foreigners married to Indian women also get citizenship.
They must have resided in India for 12 months prior to the date of application. Before these 12 months, they should have been ordinarily resident in India for 6 years out of the preceding 8 years (12 months + 6 years = 7 years total residence for registration).
Foreigners who marry Indian citizens can obtain Indian citizenship through registration by fulfilling the above-mentioned eligibility criteria.
- Citizenship by Naturalization:
Section 6(1) of the 1955 Citizenship Act describes naturalized citizenship.
Indian citizenship is granted to foreigners who apply and meet certain eligibility criteria prescribed under the laws framed by the Indian government. However, they must have the following qualifications: (Must be of age, at least 18 years old).
Must have proficiency in any one of the 22 languages mentioned in the 8th Schedule of the Indian Constitution.
Must have good character.
Must submit an affidavit declaring that they have voluntarily renounced their previous foreign citizenship.
Must have resided in India for at least 12 months prior to the date of application.
Before these 12 months, they must have had fixed residence in India for 11 years out of the preceding 14 years (12 months + 11 years = 12 years total).
Those who have worked in the central government services for the Indian government are also eligible for naturalized citizenship.
- Citizenship by Incorporation of Territory:
After the Indian Constitution came into force, people in the territories incorporated by the Indian government become Indian citizens.
Examples: Puducherry (in 1954), Sikkim (in 1975), Goa (in 1961).
Circumstances for Losing Indian Citizenship:
According to the 1955 Indian Citizenship Act, citizenship is lost in three ways:
- Renunciation: Renunciation is when people voluntarily relinquish their Indian citizenship to acquire foreign citizenship.
- Termination: Termination is the automatic loss of Indian citizenship when a person voluntarily acquires foreign citizenship.
- Deprivation: Deprivation is when the government can revoke the citizenship of a person who has acquired Indian citizenship through illegal means, engaged in treason, violated rules and regulations, or challenged Indian sovereignty.
The Telangana High Court in 2013 declared the election of Vemulawada MLA Chennamaneni Ramesh invalid because he possessed German citizenship. It is currently under consideration in the Supreme Court.
In the 1990s, in the context of economic reforms introduced by the then Prime Minister P.V. Narasimha Rao, and in view of global changes and India's development, dual citizenship was granted to Non-Resident Indians (NRIs) residing in 16 countries.
Based on the recommendations of the L.M. Singhvi Committee, dual citizenship was granted to Non-Resident Indians in our country.
According to the 2003 Indian Citizenship Amendment Act, dual citizenship was granted to NRIs in 16 countries.
According to the 2005 Indian Citizenship Amendment Act, dual citizenship was granted to NRIs in all countries of the world.
PIO - Person of Indian Origin card was introduced in 1999.
OCI - Overseas Citizen of India card was introduced in 2005.
All PIO and OCI card holders were combined and converted into OCI card holders.
Year in which voting rights were granted to Non-Resident Indians in elections - January 1, 2010.
Pravasi Bharatiya Divas (Non-Resident Indian Day) - January 9.
Note: Mahatma Gandhi returned to India from South Africa on January 9, 1915.
The first Pravasi Bharatiya Divas in our country was celebrated in 2003 during the tenure of Prime Minister Atal Bihari Vajpayee in 2003.
The 13th Pravasi Bharatiya Divas was held from January 7-9, 2015, at Mahatma Mandir in Porbandar, Gujarat.
2015 marked 100 years since Gandhiji returned to India from South Africa.
The 14th Pravasi Bharatiya Divas was held from January 7 to 9, 2016, in New Delhi.
The 15th Pravasi Bharatiya Divas was held in Bengaluru in 2017.
The 16th was held in Marine Bay Sands, Singapore in 2018.
The 17th Pravasi Bharatiya Divas was held from January 21 to 23, 2019, in Varanasi. The Prime Minister of Mauritius, Pravind Jugnauth, was the chief guest.
The 2020 Pravasi Bharatiya Divas was held in New Delhi on January 9.
The 2021 Pravasi Bharatiya Divas was held in New Delhi on January 9 (virtual conference). Theme - Self-Reliant India.
Countries with the highest number of Non-Resident Indians (NRIs):
- America
- Malaysia
- Saudi Arabia
Amendments to the Indian Citizenship Act of 1955
- Indian Citizenship Amendment Act - 1986: Through this, to acquire citizenship by domicile, one must reside in the country for at least 5 years. To acquire citizenship through naturalized living, one must live in the country for at least 10 years.
- Indian Citizenship (Amendment) Act - 2003: NRIs residing outside India with passports are referred to as 'Non-Resident Indians'.
- Indian Citizenship (Amendment) Act - 2005: This created an opportunity for granting citizenship. Determined the eligibility criteria for applying for Overseas Citizenship of India.
Citizenship (Amendment) Act - 2019:
The Citizenship (Amendment) Act-2019 was passed by the Indian Parliament, amending the Citizenship Act of 1955.
Key Dates:
- Approved by Lok Sabha - December 10, 2019
- Approved by Rajya Sabha - December 11, 2019
- Approved by the President - December 12, 2019
- Came into effect - January 10, 2020
This Act grants Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who have migrated illegally from Pakistan, Bangladesh, and Afghanistan to India.
However, they must have been residents in India on or before December 31, 2014. This Act reduced the minimum 12-year residence period required to acquire citizenship through naturalization to 6 years (only for migrants from these three countries).
According to Intelligence Bureau estimates, there are 30,000 such people in the country.
This Act has faced severe criticism for not providing opportunity to Muslims.
National Population Register (NPR):
NPR is a list of ordinary residents in the country. It is prepared locally at the village level, district level, state level, and national level.
According to the Citizenship Act of 1955 and the Citizenship (Registration and Issue of National Identity Cards) Rules of 2003, everyone must register in the NPR.
A person is recognized as an ordinary resident if they have been residing in a place for 6 months or more, or if they intend to reside there for the next 6 months.
NPR was established in 2010. In 2015, it was linked to Aadhaar for biometric authentication.
NPR will be updated in 2020 from April to September as part of the 2021 census.
The main purpose of NPR is to create a demographic and biometric database of residents in the country.
The central government has also stated that NPR and NRC are not related.
National Register of Citizens (NRC):
NRC is the official list of legally recognized Indian citizens. According to the Citizenship Act of 1955 (Amendment 2003), every citizen must register in it.
This register is used to identify illegal immigrants in the country. It was used in Assam in 2013-14. It is expected to be implemented nationwide by 2020.
The first register was prepared in 1951 after the census. It has not been updated since.
The central government has taken steps to extend this database, which has been limited to Assam so far, to the entire country.
In 2013, a writ petition was filed in the Supreme Court seeking removal of illegal immigrants in Assam. In 2014, the Supreme Court ordered the NRC to be updated as per the Citizenship Act (1955) and Citizenship Rules 2003.
In the NRC announced in Assam on August 31, 2015, 1.9 million names were missing, leading to widespread concerns.
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