Citizenship in India

In India, the legal status of citizenship bestows specific rights and advantages onto persons within the nation. Articles 5 through 11 of the Indian Constitution address the idea of citizenship. The enjoying of full participation in any State with civil and political rights is called citizenship. They were fulfilling the legal prerequisites set out by a federal, state, or municipal authority resulting in obtaining citizenship. A country gives its citizens various benefits and rights. In exchange, people are supposed to uphold national laws and protect their nation from outside threats.

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This Story also Contains

1. How does this Citizenship Act come into Being?
2. Citizenship: Meaning and Significance
3. Citizenship: Principles of Provisions
4. Constitutional Provisions
5. Articles relating to Citizenship in the Indian Constitution
6. Acts and Amendments
7. Citizenship Act, 1955
8. Termination of Indian Citizenship
9. Case Studies
10. Conclusion

How does this Citizenship Act come into Being?

• In India, citizenship rights were created only after the nation attained independence. Some pre-independence advantages were granted by the British Citizenship and Alien Advantages Act of 1914, which was abolished in 1948, but none under British rule.

• Under the British Nationality Act, Indians were classified as British subjects without citizenship for the time being.

• Following India's 1947 division, a significant number of people moved across the new boundaries that now divide Pakistan and India.

• The people were free to live anywhere they pleased and get citizenship in that country.

• To meet the pressing need to ascertain these migrants' status, the Constituent Assembly restricted the scope of the Constitution's citizenship clauses.

• Subsequently, in 1955, the parliament passed the Citizenship Act, which included detailed laws about eligibility and qualifications for citizenship.

Citizenship: Meaning and Significance

• Citizens; A person is considered a citizen of a region if they are a part of it and have the authority to exercise their rights there.

• Laws bind citizens, who are regarded as complete members of any state.

• Citizenship: The relationship between a person and their sovereign state is defined by the idea of citizenship.

• Citizens and aliens are the two categories that are included.

• Individuals who do not hold Indian citizenship are regarded as aliens.

• Aliens are not eligible to become citizens.

• Those who embraced Indian nationality at the country's division from Pakistan continued to be Indian citizens. And those who remained in Pakistan acquired Pakistani citizenship.

Citizenship: Principles of Provisions

The Constituent Assembly rejected the idea of jus sanguinis because they believed it to be racist and incompatible with Indian principles. The jus soli was suggested by the Motilal Nehru Committee (1928) as a more suitable approach that complied with national principles.

Constitutional Provisions

• The clauses in Part II of the Indian Constitution define the status of citizens in India at the time of the document's adoption.

• The Indian Constitution addresses the notion of citizenship in Articles 5–11.

• Part II came into effect on November 26, 1949, the day the Constitution was signed.

• Since citizenship is a topic covered by the Union List and is included in the 7th schedule, the Indian Parliament is in charge of the issue.

• The law about citizenship is the Citizenship Act of 1955. The 1986 Citizenship (Amendment) Act, the 1992 Citizenship (Amendment) Act, the 2003 Citizenship (Amendment) Act, and the 2005 Citizenship (Amendment) Act have all altered this.

• Subsequently, in 1955, the parliament passed the Citizenship Act, which included detailed laws about eligibility and qualifications for citizenship.

Articles relating to Citizenship in the Indian Constitution

Article 5: Citizenship at the Commencement of the Constitution

The citizenship of individuals on January 26, 1950, the day the Constitution went into effect, is discussed in this article. Citizenship is granted to those who reside in Indian territory and meet certain requirements.

A citizen was granted to:

• Individuals who were born outside of India but made their home there, even though both of their parents did.

• anyone who had been a regular resident of India for five years before the Constitution's adoption.

Article 6: Citizenship of certain persons who have migrated from Pakistan

• The provision granted Indian citizens who had immigrated from Pakistan citizenship.

• If one of a person's parents or grandparents was born in India, they were deemed citizens of India if they immigrated there before July 19, 1949 (both requirements must be met).

• Following the specified date, all individuals relocating from Pakistan were required to complete the registration process.

Article 7: Some migrants' rights to citizenship in Pakistan

No matter what is mentioned in Articles 5 and 6, a person who relocated from India to the region that is now a part of Pakistan after March 1, 1947, will not be recognized as an Indian citizen.

As long as the person returned to Indian territory after migrating to the area that is now part of Pakistan with a permit for resettlement or permanent return issued by or under the authority of any law, nothing in this article will apply to them; in that case, they will be considered to have migrated to Indian territory for the purposes of clause (b) of Article 6 after July 19, 1948.

Article 8: Certain Indian-origin individuals living abroad are entitled to citizenship

This article discusses the legal protections for individuals of Indian ancestry residing in other countries regarding employment, marriage, and schooling.

The right to keep personal matters private, maintain family life, live in one's home, and communicate through means like emails, letters, and telephone conversations is protected by Article 8.

Article 9: Individuals who willingly become citizens of a foreign state shall not be considered citizens

An individual will no longer be recognised as an Indian citizen if they choose to freely become a citizen of another country.

Article 10: Persistency of Citizenship Rights

All individuals who are deemed Indian citizens by any of the provisions in this Part shall remain such and be bound by any legislation passed by Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The right to citizenship must be governed by legislation by the Parliament

Nothing in this Part's previous sections shall limit Parliament's ability to enact laws about the obtaining and losing of citizenship as well as other citizenship-related issues.

Acts and Amendments

Citizenship Amendment Act, 1986

• The concept of jus sanguinis has been embraced through the amendment. Under this principle, an Indian national is identified as an individual born within India between January 26, 1950, and July 1, 1987, inclusive.

• Should a parent have Indian birthright but not reside in the country, they are eligible to acquire Indian citizenship provided they were born after July 1, 1987, but before December 4, 2003.

Citizenship Amendment Act, 2003

• The rule that a person's parent must be a citizen of India and the other parent not an undocumented immigrant, for someone born on or after December 4, 2004, to desire citizenship, made the law providing citizenship more robust.

• This action was taken to halt the unauthorized entry of Bangladeshis into the country.

Citizenship Amendment Act, 2005

• Even though the idea of holding two nationalities was introduced, individuals from Bangladesh or Pakistan are not included in this concept.

• Within this situation, "dual citizenship" is about the citizenship held by Overseas Citizens of India (OCI).

Overseas Citizen of India (OCI)

• An individual holding Indian citizenship and living or employed in a foreign country is referred to as an Overseas Citizen of India (OCI).

• In the year 2015, the OCI card and the Person of Indian Origin (POI) card were merged together. A Person of Indian Origin (POI) is someone who needs an OCI card and possesses a passport from a different country, yet is of Indian heritage.

Citizenship Amendment Act, 2019

The primary modification introduced by the Citizenship Act of 1955 was the addition of a clause to Section 2 (1)(b). This clause states that the following people will not be considered illegal immigrants under this law:

• Individuals from Afghanistan, Bangladesh, or Pakistan who arrived in India prior to December 31, 2014, and who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian faith groups

• - or someone who has been given a waiver by the main government through section (c) within sub-section (2) of Section 3 of the Passport (Entry into India) Act, 1920, or the rules or orders of the Foreigners Act, 1946, or any other regulations or decrees.

Citizenship Act, 1955

The Citizenship Act of 1955 describes five ways to become a citizen:

• Citizenship when the Constitution was established

• Citizenship through birth Citizenship

• through family lineage Citizenship

• through registration Naturalization as a way to become a citizen

• by acquiring territory (by the Indian government)

People living in India on November 26, 1949, were instantly made Indian citizens when the Constitution was created. Individuals born in India on or after January 26, 1950, but prior to July 1, 1987, are recognized as Indian citizens.

An individual born on or after July 1, 1987, is considered an Indian citizen if at least one of their parents was an Indian citizen when the birth occurred. If one parent is a citizen of India and the other is not an undocumented immigrant when the child is born, then the child is recognized as an Indian citizen if they are born after December 3, 2004. However, children of non-hostile aliens and diplomats from other countries are not able to acquire citizenship through birth.

Termination of Indian Citizenship

The Act provides for three possible methods of terminating citizenship:

1. Renunciation

An Indian national who is also a citizen of another country will lose his Indian citizenship if he gives it up properly by making a declaration. Similarly, every male individual's minor children will also lose their Indian citizenship when they become citizens of another country.

2. Termination

If an individual from India knowingly or voluntarily becomes a citizen of a foreign country, their Indian citizenship could be taken back.

3. Deprivation

The Indian state possesses the power to revoke someone's citizenship in certain circumstances. However, this power is not extended to all individuals. This provision is limited to naturalized citizens, those registered, or those granted citizenship through Article 5 section (c), which is for individuals who have resided in India for a minimum of five years prior to the enactment of the Constitution.

Case Studies

1. Mohd. Reza Debestani v. State of Bombay

In the situation of Mohd. Reza Debestani v. State of Bombay, it was noted that the petitioner's request for Indian citizenship was rejected. The person who was appealing went to India with his uncle, and after a couple of years, he went on a journey to Iraq. Following that, he was allowed to stay in India for several years, with yearly renewals. However, after facing rejection, he pleaded. Subsequently, he returned to Iraq and secured employment, which served as proof that he was not eligible for Indian citizenship as per the terms of the agreement.

Related Article; Article 5; Citizenship at the commencement of the Constitution

2. Kulathil Mammu vs The State Of Kerala

The interpretation of "migrated" within this rule was established in the case of Kulathil Mammu v. State of Kerala. The decision states that the phrase is about making a choice and settling down in Pakistan. Representing Aboobacker, it was argued that Article 7 was inapplicable in this situation because the migration referred to in the article required an intention to permanently settle in Pakistan, not just to leave India. Aboobacker was a minor at the time he departed India, which meant he couldn't be held responsible for such an intention. His primary reason for going there was to earn a living.

Related Article; Article 6; Citizenship of certain persons migrated from Pakistan

3. The State of Bihar v. Kumar Amar Singh

In the case of the State of Bihar vs. Kumar Amar Singh, the woman relocated to Karachi following her divorce from her spouse. She stated that she had made a brief journey to Karachi for health care. Afterwards, she came back to India, where she was allowed to remain because she had inaccurately claimed to be a Pakistani national. Once the permitted timeframe had passed, she went back to Pakistan. At the moment her assets in India were at risk of being taken, she then wished to secure Indian citizenship for good. The decision was made that she wouldn't be awarded lasting citizenship because she came to the country before the specified date mentioned in the rule.

Related Article; Article 7; Citizenship of certain persons migrated to Pakistan

Conclusion

Part II of the Indian Constitution gives citizenship constitutional significance and makes it a Union List topic dealt with by the Parliament. The Citizenship Act, of 1955, which has been changed several times to maintain the speed of giving citizenship constant with the development in the field and necessities of the time, was implemented by the Indian Parliament by using the power granted under Article 11. The idea behind Vasudhav Kutumbakam clarifies the procedure for granting Indian citizenship to a candidate who has applied legally.