Citizenship is one of the most fundamental concepts in modern society. It defines who belongs to a nation, what rights and responsibilities they have, and how they participate in the political and social life of their country. Yet, citizenship is not a static idea—it has evolved over centuries, shaped by historical events, philosophical debates, and legal frameworks. Today, citizenship remains a hotly contested topic, with debates over immigration, identity, and inclusion dominating global discourse.
This article delves into the historical background, explores contemporary debates and modern developments, and examines the concept of citizenship in India. From constitutional provisions to the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), we will explore how citizenship is defined, contested, and redefined in one of the world’s largest democracies.
1. Citizenship in India
Citizenship in India is defined by the Constitution and various laws. It determines who is recognized as a member of the Indian state and grants them certain rights and responsibilities.
1.1 Constitutional Provisions on Citizenship in India (Articles 5 to 11)
The Indian Constitution, adopted in 1950, lays down the legal framework for citizenship in Part II (Articles 5 to 11). These articles specify who was considered a citizen at the time of the Constitution’s commencement and outline provisions related to the acquisition and termination of citizenship. The Constitution originally provided for citizenship only at the time of its commencement, leaving the power to regulate future citizenship to Parliament.
(a) Article 5: Citizenship at the Commencement of the Constitution
Article 5 defines who was considered a citizen of India at the time of the Constitution’s adoption (January 26, 1950). It includes three categories of people:
Domicile in India: A person who had a domicile in India (i.e., India as their permanent home).
Birth in India: A person who was born in India.
Parentage in India: A person who was either: born to Indian parents, or had resided in India for at least five years before January 26, 1950.
This provision ensured that those who had a historical connection to India and lived within its newly drawn borders were automatically recognized as citizens.
(b) Article 6: Citizenship Rights of Persons Migrating from Pakistan
Since India was partitioned in 1947, a significant number of people migrated between India and Pakistan. Article 6 deals with those who migrated from Pakistan to India before the Constitution’s commencement. It provides citizenship to:
Migrants who arrived before July 19, 1948: Automatically considered Indian citizens if they or their parents or grandparents were born in India as per the Government of India Act, 1935.
Migrants who arrived on or after July 19, 1948: They could acquire Indian citizenship only if they had resided in India for at least six months and registered themselves as citizens with the prescribed government authority.
This provision was significant as it allowed those affected by Partition, particularly Hindu and Sikh refugees from Pakistan, to claim Indian citizenship.
(c) Article 7: Citizenship Rights of Persons Migrating to Pakistan
Article 7 deals with the reverse scenario—those who migrated to Pakistan but later wanted to return to India. It states that:
A person who migrated to Pakistan after March 1, 1947, but later returned to India under a permit for resettlement could regain Indian citizenship if the Government of India allowed it.
This provision was created mainly to accommodate people who, due to the confusion and violence during Partition, had initially moved to Pakistan but later wished to return.
(d) Article 8: Citizenship Rights of Indians Residing Abroad
Article 8 grants citizenship to persons of Indian origin residing outside India (mainly in British territories or other foreign lands before independence). It states that:
A person of Indian descent living outside India could register as an Indian citizen if:
They or their parents/grandparents were born in India.
They registered themselves at an Indian consulate in the country where they resided.
This provision aimed to maintain a connection between India and its diaspora, particularly people of Indian origin living in former British colonies.
(e) Article 9: Loss of Indian Citizenship by Voluntarily Acquiring Foreign Citizenship
Article 9 specifies that a person who voluntarily acquires the citizenship of another country after January 26, 1950, automatically loses Indian citizenship.
India does not allow dual citizenship, meaning a person cannot be a citizen of India and another country at the same time.
This provision reflects India’s preference for single citizenship, ensuring clarity in national allegiance.
(f) Article 10: Continuance of Citizenship
Article 10 ensures that every person recognized as a citizen under the provisions of Articles 5 to 9 shall continue to be a citizen unless Parliament enacts a law that terminates their citizenship.
This gives Parliament the authority to regulate citizenship laws through subsequent legislation, which led to the enactment of the Citizenship Act, 1955.
(g) Article 11: Parliament’s Power to Regulate Citizenship
While Articles 5 to 10 outline the initial framework for citizenship, Article 11 provides Parliament with the power to make laws on citizenship.
It states that Parliament has the authority to regulate: Acquisition and termination of citizenship; and any other matters related to citizenship. This article empowered Parliament to enact the Citizenship Act, 1955, which remains the principal law governing Indian citizenship. The Act has been amended multiple times, most recently in 2019 (Citizenship Amendment Act or CAA, 2019).
1.2 Analysis and Key Takeaways
Initial Citizenship Framework: Articles 5 to 11 were temporary provisions meant to define who would be an Indian citizen when the Constitution came into effect.
Recognition of Migrants: Articles 6 and 7 dealt specifically with people migrating between India and Pakistan, ensuring a legal mechanism for their citizenship.
No Dual Citizenship in India: Article 9 makes it clear that Indian citizenship is exclusive, and acquiring foreign citizenship results in the automatic loss of Indian nationality.
Indian Diaspora Consideration: Article 8 extends citizenship rights to Indians abroad, showing an early recognition of India’s global diaspora.
Parliamentary Authority: Article 11 gave Parliament the final say in determining future rules of citizenship, leading to the Citizenship Act, 1955, which governs Indian citizenship today.
1.3 Single Citizenship in India
Unlike countries such as the United States, where both federal and state governments grant citizenship, India follows the principle of single citizenship. This means: Every Indian is only a citizen of India and not of any individual state. The Constitution does not recognize state-wise citizenship to maintain national unity and integrity. This concept reinforces the unitary spirit of India’s polity, ensuring that all Indians enjoy the same set of rights and obligations regardless of their state of residence.
Articles 5 to 11 of the Indian Constitution laid the foundation for citizenship in independent India. While these provisions addressed immediate post-independence citizenship issues, Article 11 empowered Parliament to create comprehensive citizenship laws, which resulted in the Citizenship Act, 1955. The Act has since evolved to address various aspects, including naturalization, renunciation, and registration, shaping India’s citizenship policies to this day.
2. Citizenship Acts in India
The Citizenship Act of 1955 is the principal law governing citizenship in India. Enacted by Parliament under Article 11 of the Constitution, this Act defines the various ways in which citizenship can be acquired and lost. Given India’s evolving demographic, political, and security concerns, the Act has been amended multiple times to address emerging challenges.
The Act originally provided four ways to acquire citizenship:
(1) By Birth
(2) By Descent
(3) By Registration
(4) By Naturalization
(5) A fifth category, Citizenship by Incorporation of Territory, was later added.
2.1 Citizenship by Birth (Section 3 of the Citizenship Act, 1955)
Citizenship by birth is granted to persons born in India, but the eligibility criteria have changed over time through amendments:
Before July 1, 1987: Anyone born in India was automatically granted Indian citizenship, regardless of their parents’ nationality.
Between July 1, 1987, and December 3, 2004: A person born in India was a citizen only if at least one parent was an Indian citizen at the time of birth.
On or after December 3, 2004: A person is an Indian citizen by birth only if: At least one parent is an Indian citizen; and the other parent is not an illegal migrant.
This amendment was introduced to prevent automatic citizenship for children of illegal immigrants, addressing concerns related to unchecked migration.
2.2 Citizenship by Descent (Section 4 of the Citizenship Act, 1955)
This provision grants citizenship to individuals born outside India if they have at least one Indian parent, but the conditions vary based on the year of birth:
Before December 10, 1992: A person born outside India was considered an Indian citizen if their father was an Indian citizen at the time of birth.
On or after December 10, 1992: Citizenship is granted if either parent is an Indian citizen at the time of birth.
On or after December 3, 2004: Additional restrictions apply: The birth must be registered at an Indian consulate within one year, or with special government permission; The child must not acquire citizenship of another country, as India does not permit dual citizenship.
This section helps maintain citizenship links for Indians living abroad while ensuring formal registration.
2.3 Citizenship by Registration (Section 5 of the Citizenship Act, 1955)
Foreign nationals of Indian origin, or those with special connections to India, can become citizens through registration. The following categories are eligible:
(a) Persons of Indian origin residing in India for at least seven years.
(b) Persons of Indian origin residing outside India who want to acquire Indian citizenship.
(c) Spouses of Indian citizens, provided they have resided in India for seven years.
(d) Minor children of Indian citizens.
(e) Persons registered as Overseas Citizens of India (OCI) who have lived in India for five years before applying.
(f) The government has discretionary power to approve or reject applications based on national interest.
2.4 Citizenship by Naturalization (Section 6 of the Citizenship Act, 1955)
Foreigners who are not of Indian origin can become Indian citizens through naturalization if they fulfill the following conditions: They have resided in India for 12 years, including:
(a) 11 years of aggregate residence in India, and
(b) One year of continuous residence before applying.
(c) They demonstrate good character.
(d) They intend to reside in India permanently.
(e) They have adequate knowledge of any Indian language specified in the Eighth Schedule of the Constitution.
(f) The government may waive some of these conditions if the applicant has made exceptional contributions to India, such as in science, arts, or sports.
2.5 Citizenship by Incorporation of Territory (Section 7 of the Citizenship Act, 1955)
If any foreign territory becomes part of India, the Government of India can specify who among the residents will be granted Indian citizenship. This provision ensures a smooth transition when new territories are added to India. Example:
In 1961, after Goa was liberated from Portuguese rule, Goans were granted Indian citizenship.
In 1975, when Sikkim merged with India, its residents were granted Indian citizenship.
3 Loss of Indian Citizenship
The Citizenship Act also outlines ways a person may lose Indian citizenship:
(a) By Renunciation (Voluntary): Any Indian citizen who voluntarily acquires the citizenship of another country loses Indian citizenship. This is because India does not allow dual citizenship.
(b) By Termination (Automatic): If an Indian citizen acquires another country’s citizenship, they automatically lose Indian citizenship.
(c) By Deprivation (Government Action): The government can revoke citizenship if a person:
Obtained citizenship through fraud.
(d) Showed disloyalty to India.
(e) Assisted an enemy country during war.
(f) Has been convicted of crimes related to national security.
These provisions ensure that citizenship is maintained only by those who uphold India’s integrity and laws.
4. Major Amendments to the Citizenship Act
The Citizenship Act, 1955, has been amended multiple times, with key changes introduced through amendments in 1986, 1992, 2003, 2005, 2015, and 2019.
1. The 1986 Amendment: It introduced stricter conditions for Citizenship by Birth. Required at least one parent to be an Indian citizen for a child born in India to be recognized as an Indian citizen.
2. The 1992 Amendment: Allowed children born outside India to claim Indian citizenship from either parent, instead of just the father.
3. The 2003 Amendment: Introduced the concept of illegal migrants, preventing them from acquiring Indian citizenship. It established the National Register of Citizens (NRC) to identify and deport illegal migrants and created the Overseas Citizen of India (OCI) status for foreign nationals of Indian origin.
4. The 2005 Amendment: Made it easier for Overseas Citizens of India (OCI) to visit, work, and invest in India, but did not grant them full citizenship.
5. The 2015 Amendment: Merged Person of Indian Origin (PIO) cards with Overseas Citizen of India (OCI) cards, simplifying the rules for Indian-origin foreigners.
6. The 2019 Amendment (Citizenship Amendment Act – CAA, 2019): Provided fast-track Indian citizenship for persecuted religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014. It excluded Muslims from these three countries, leading to nationwide debates and protests.
5. Conclusion: The Future of Citizenship
The Citizenship laws has played a crucial role in defining Indian nationality, outlining multiple pathways to acquire citizenship, sets clear conditions for its loss, and has evolved through amendments to address changing social and political landscapes. While India does not permit dual citizenship, it has introduced measures like the OCI card to maintain connections with the Indian diaspora. The 2019 Citizenship Amendment Act (CAA) remains one of the most controversial changes, shaping discussions on citizenship, migration, and national identity in India today.
Citizenship in India has been a contentious issue in, particularly in recent years. The Citizenship Amendment Act (CAA), 2019: The CAA grants citizenship to non-Muslim migrants from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014. Critics argue that it discriminates against Muslims and violates the secular principles of the Constitution.
The National Register of Citizens (NRC): The NRC is a registry of Indian citizens intended to identify undocumented immigrants. Its implementation in Assam led to widespread controversy, with many people being excluded and declared stateless.
The combination of the CAA and NRC has sparked intense debates: Supporters argue that the CAA provides refuge to persecuted minorities and that the NRC is necessary to identify illegal immigrants. While, critics claim that the CAA is discriminatory and that the NRC could disenfranchise marginalized communities, particularly Muslims.
The Future of Citizenship
1. Inclusive Citizenship: As societies become more diverse, there is a growing need for inclusive citizenship that recognizes the rights of all individuals, regardless of their background.
2. Global Challenges: Issues like climate change, migration, and technological advancements are reshaping the concept of citizenship, requiring new frameworks and approaches.
3. The Role of Technology: Digital identity systems and blockchain technology could revolutionize how citizenship is defined and managed in the future.
Citizenship as a Living Concept
Citizenship is not just a legal status—it is a dynamic and evolving concept that reflects the values and aspirations of a society. From its ancient origins to its modern-day complexities, citizenship has always been about defining who belongs and how they participate in the life of a community.
In India, the debates over the CAA and NRC highlight the challenges of balancing national security, identity, and inclusion. As we move forward, it is essential to ensure that citizenship remains a tool for empowerment and unity, rather than division and exclusion.
Ultimately, citizenship is about more than just rights and responsibilities—it is about belonging. In a world that is increasingly interconnected yet deeply divided, the way we define and practice citizenship will shape the future of our societies and our shared humanity
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