Constitution of India/Citizenship

Citizenship lies at the very heart of a democratic system of governance. It is the essential legal and political status that defines an individual's membership in a sovereign state and outlines the reciprocal relationship between the citizen and the nation. As defined by the Merriam-Webster Dictionary, a citizen is “a person owing allegiance to and entitled to the protection of a sovereign state.” This definition highlights two key aspects: loyalty to the state, and the assurance of rights and protections in return.

In democratic countries such as India, citizenship is more than just a legal tag—it empowers individuals to actively participate in the democratic process. Citizens have the right to vote, the right to run for public office, and access to legal protections under the Constitution. At the same time, they are bound by civic responsibilities like paying taxes, obeying laws, and contributing to national development. This dynamic of rights and duties forms the foundation of a thriving and responsible citizenry.

The legal framework governing Indian citizenship is outlined in Part II of the Constitution of India, encompassing Articles 5 to 11. These provisions were framed at a particularly critical moment in India's history—just after gaining independence and facing the tumultuous effects of the Partition. Determining who qualified as an Indian citizen required careful consideration of factors such as place of birth, descent, migration, and residence.

Drafting these provisions was a rigorous and complex process, involving multiple revisions and extensive debate within the Constituent Assembly. It took nearly two years of thoughtful deliberation to finalize the clauses on citizenship, reflecting the significance of the issue for a newly independent and diverse nation. These constitutional provisions laid the initial groundwork, but as India's social and political realities evolved, the Citizenship Act of 1955 was enacted to provide a more detailed structure for the acquisition, termination, and regulation of citizenship.

This legislative evolution reflects the changing understanding of nationality in India and the government's effort to balance inclusivity with security and national integrity. Over time, amendments to the Citizenship Act have continued to respond to emerging challenges—ranging from mass migration to geopolitical concerns—while sparking important national debates about identity, belonging, and constitutional values.

Citizenship

Article 5-8 conferred citizenship on each person who met the criteria below at the commencement of the Constitution[1]:

  • Domiciled in India and born in India
  • domiciled not born in India but either of whose parents was born in India
  • domiciled, not born in India but ordinarily resident for more than five years
  • resident in India but migrated to Pakistan after 1 March 1947 and later returned to India on resettlement permit
  • resident in Pakistan but who migrated to India after 19 July 1948 or who came after that date but had resided for more than six months and got registered in prescribed manner
  • resident outside India but who or either of whose parents or grand parents were born in India

Thus, Citizenship at the commencement of the constitution included provisions for Citizenship-by domicile, of migrants from Pakistan and of Indians residing in foreign countries.

Domicile

Domicile of a person is his permanent home. No person can be without a domicile and no person may have more than one operative domicile. National boundaries do not constitute a hindrance in one’s choice of domicile. This implies that a person may be national of one country, but his/her domicile may be another country. Domicile denotes the connection of a person with a territorial system of law.[1] [2]In fact, citizenship is denoted by domicile and not vice-versa. The latter is distinguishable from citizenship in as much as it is vitally connected with territory and not membership of the community which is at the root of the notion of citizenship[3].

There is only one citizenship, which is of the Union of India, there is no separate state Citizenship as in the United States of America.

Historical Context

The development of Indian citizenship is deeply rooted in the country's colonial past and its emergence as an independent democratic republic. During British rule, people in India were not considered citizens in the modern sense but were classified as British subjects under imperial governance. The concept of a national identity or legal citizenship, as understood today, did not exist.

The situation changed dramatically with the Partition of India in 1947, which led to the division of British India into two separate nations—India and Pakistan. This event triggered one of the largest and most traumatic mass migrations in history, with approximately 15 million people displaced. The communal violence and massive population exchanges between the two countries raised urgent questions about nationality and belonging. Determining who would be recognized as a citizen of the newly independent India became a critical issue.

In response, the Constituent Assembly of India undertook the responsibility of formulating a legal and constitutional framework for citizenship. Between 1946 and 1949, the framers of the Constitution engaged in extensive debates to address the complex realities of migration, identity, and allegiance. The outcome of these deliberations was incorporated into Part II of the Constitution, covering Articles 5 to 11, which laid down the criteria for citizenship at the time of the Constitution’s commencement on January 26, 1950.

These provisions served as the foundation for defining Indian citizenship in a diverse and pluralistic society. However, recognizing the need for a more detailed and adaptable legal structure, the Indian Parliament enacted the Citizenship Act in 1955. This law provided a comprehensive mechanism for acquiring, terminating, and regulating citizenship in the years that followed.

Migrants from Pakistan

Article 6 provides citizenship rights to migrants from Pakistan before commencement of constitution. A person who migrated from Pakistan to India before 19 July 1948 shall be considered a citizen of India, provided either of the person's parents or any of his grandparents were born in India as stated in the Government of India act, 1935 and has been residing since the date of migration[4]. For person/s migrated after 19 July 1948, the person should be registered as a citizen of India by an officer from the Government of India, but for registration the subjected person has to be a resident of India for at least six months, at the date of his application[4][1].

Migrants to Pakistan

Article 7 makes special provisions regarding the citizenship rights of persons who migrated to Pakistan after March 1 1947 but returned to India subsequently. Such person/s become entitled to Citizenship of India, provided they fulfill the conditions stated for Migrants from Pakistan stated in Article 6. IS is necessary that in such cases too the visits of the migrants must not be for short/limited periods or be of a temporary nature or on purposes of business or otherwise[4]. It has to be noted that such cases are subjected to this article, as they were before the commencement of the constitution, cases pertaining to the period thereafter are to be governed by the Citizenship Act, 1955.

Persons of origin residing outside India

Article 8 provides that any person who or either of whose parents or grandparents was born in India as defined in Government of India Act 1935 and who is ordinarily residing in any country outside India shall be deemed to be a citizen of India if he has registered as an Indian Citizen by the diplomatic or consular representative of India in that country on an application made by him/her in the prescribed form to such diplomatic or consular representative, whether before or after the commencement of the Constitution.[4][1]

Voluntary Acquisition of Citizenship of foreign state

Article 9 states no person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Continuance of the rights of citizenship

Article 10 reads, every person who is or is deemed to be a citizen of India under any of the foregoing provisions of article 5-10 shall continue to be a citizen of India, subject to the provisions of any law that may be made by Parliament.[4] In the other words, the right of citizenship cannot be taken away from a person except through express parliamentary legislation.[1]

Parliament to regulate the right of citizenship by law

Article 11 in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.[4][1]

Indian Citizenship Act 1955

The Citizenship Act, 1955 that came into force with effect from 30th December 1955 deals with matters relating to the acquisition, determination and termination of Indian citizenship. It provides for the acquisition of Indian citizenship by birth, by descent, by registration and by naturalization[5] . The act has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act, 2005, and the Citizenship (Amendment) Act, 2019.

The Original Act provided that [1][5]:

  • a person born in India after 26 January 1950 would, subject to certain exceptions be a citizen of India by Birth
  • anyone born outside India after 26 January 1950, subject to certain requirements, would be a citizen of India if his/her father was an Indian citizen at the time of his/her birth
  • under certain conditions, certain category of persons could acquire Indian citizenship by registration in prescribed manner
  • foreigners could acquire Indian citizenship on application for naturalization on certain conditions
  • if any territory became part of India, the Government of India[6] could by order specify the persons who would become citizens of India as a result thereof
  • citizenship could be lost by termination [7] renunciation or deprivation on certain grounds
  • a citizen of commonwealth country would have the status of commonwealth citizen of India. Government could make suitable provisions on the basis of reciprocity.

References

  1. ↑ a b c d e f g Kashyap, Subhash C. (1994). Our Constitution: an introduction to India's Constitution and Constitutional law (2nd ed.). New Delhi: National Book Trust, India. pp. 85–93. ISBN 9788123707341.
  2. ↑ [1], Law Commission of India report
  3. ↑ "Abdul Rahman vs State, AIR 1964 Pat.384". Indian Kanoon. Retrieved 23 May 2013.
  4. ↑ a b c d e f "Law Ministry" (PDF). Constitution of India Part II.
  5. ↑ a b "Indian Citizenship Act 1955". Ministry of Home Affairs. Gov. Of India. Retrieved 23 May 2013.
  6. ↑ "Ministry of Information and Broadcasting". Ministry of Information and Broadcasting. AllGovernmentjobs. Retrieved 29 May 2019.
  7. ↑ "Ministry of Home Affairs". Ministry of Home Affairs. fresherstech. Retrieved 16 July 2021.
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