Introduction

Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship. The term citizenship entails the enjoyment of full membership of any State in which a citizen has civil and political rights.

Meaning of Citizenship

• The term “citizenship” refers to the individual’s relationship with the state.
• India, like any other contemporary state, has two types of citizens: citizens and aliens.
• Citizens are full members of the Indian State and are bound by its laws. They are free to exercise their civil and political rights.
• Citizenship is an exclusionary concept since it excludes non-citizens.

Citizenship of India: Constitutional Provision

• Citizenship is listed in the Constitution’s Union List and hence falls within Parliament’s sole control.
• The term “citizen” is not defined in the Constitution, however, Part 2 describes the numerous types of people who are eligible for citizenship (Articles 5 to 11).
• Unlike other parts of the Constitution, which took effect on January 26, 1950, these articles were put into effect on November 26, 1949, the day the Constitution was signed.

Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th January 1950. Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and –

1. Who was born in Indian territory; or
2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.

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

Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if –

1. 1. He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and
   2. (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration, or (b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a citizen of India by an officer appointed in that behalf by the government of the Dominion of India on an application made by him thereof to such an officer before the commencement of the Constitution, provided that no person shall be so registered unless he has been resident in India for at least 6 months immediately preceding the date of his application.

Article 7

• It Provided certain migrants to Pakistan with the right to citizenship.
• Those who migrated to Pakistan after March 1, 1947 and later returned on resettlement permits were included in the citizenship net.
• The law was more sympathetic to those who migrated from Pakistan and were referred to as refugees than to those who were stranded in Pakistan or went there but decided to return soon.

Article 8

• Provided certain persons of Indian origin residing outside India with the right to citizenship.
• Any Person of Indian Origin residing outside India who was born in India, or either of his or her parents or grandparents, could register as an Indian citizen with the Indian Diplomatic Mission.

Article 9

• Article 9 states that if a person voluntarily obtains the citizenship of a foreign state, he or she will no longer be a citizen of India.

Article 10

• Article 10 states that any person who is or is deemed to be a citizen of India under any of the preceding provisions of this Part shall continue to be such a citizen, subject to the provisions of any law made by Parliament.

Article 11

• It gives Parliament the authority to make any provision regarding the acquisition and termination of citizenship, as well as all matters pertaining to it.

Citizenship of India: Acts and Amendments

The Citizenship Act, 1955: Acquisition

Indian citizenship can be obtained in the following ways:

• Citizenship conferred by birth
• Citizenship through descent
• Citizenship through registration
• Naturalization leads to citizenship.
• Territorial incorporation (by the Government of India)

By Birth

• Children born on or after July 1, 1987, but before the start of the Citizenship (Amendment) Act, 2003, are Indian citizens, as are all persons born in India on or after January 26, 1950, but before July 1, 1987 will have the status of a citizen. If either of his parents is an Indian citizen at the time.
• A kid whose parents are Indian at the time of birth or either of them is an Indian citizen at the time of birth and the other is not an illegal migrant is deemed to be an Indian citizen when the Citizenship (Amendment) Act, 2003 takes effect.

By Descent

• A person born outside of India between January 26, 1950, and December 10, 1992 must have had an Indian citizen father at the time of his birth.
• Either of the parents must be Indian citizens at the time of a child’s birth outside the nation on or after December 10, 1992.

By Registration

• A person of Indian ancestry who has lived in India for at least seven years prior to applying for citizenship.
• A person who is married to an Indian citizen and has lived in India for at least seven years prior to applying for citizenship.
• Indian citizens’ minor children.

By Naturalisation

• Residing in the country concerned for a certain period of time.
• Do not be a citizen of any country where Indians do not get citizenship by naturalization.
• Relinquishing the citizenship of other countries and accepting the citizenship of India.
• Should be well versed in any one of the languages mentioned in the Eighth Schedule.
• Be of good character.It is exempted under a special provision that if a person has done special work in the field of science, philosophy, art, literature, world peace or human development, then he can get citizenship by naturalization without fulfilling the above conditions.

Incorporation of Territory

• If any additional territory is added to India’s territory or gets taxed. In 1974, Sikkim, for example, united with India. As a result, if the people of Sikkim become Indian citizens, the Indian government will ensure that the people of that region become Indian citizens.
• The act was amended four times: in 1986, in 2003, in 2005, and in 2015.

The Citizenship Act, 1955: Termination

According to the Act, citizenship can be revoked in three ways:

• Renunciation: Any Indian citizen who is also a national of another country who renounces his Indian citizenship in the prescribed manner through a declaration ceases to be an Indian citizen.
• When a male person loses his Indian citizenship, all of his minor children lose their Indian citizenship as well.
• However, such a child may become an Indian citizen within one year of reaching full age by making a declaration of his intention to reclaim Indian citizenship.
• Termination: An Indian citizen’s citizenship can be revoked if he or she knowingly or voluntarily adopts the citizenship of another country.
• Deprivation: In some cases, the Indian government may deprive a person of his citizenship. However, this does not apply to all citizens.
• It is only applicable to citizens who obtained citizenship through registration, naturalization, or by virtue of Article 5 Clause (c) (which is citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution).
• 2019 Citizenship (Amendment) Bill: Members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan — would be allowed to stay in India if they arrived before December 14, 2014.
  • It also reduces the time required for citizenship from 11 to 6 years.
  • These migrants were also exempted from the Passport Act and the Foreigners Act, according to two notifications.
  • A large number of organizations in Assam have protested this Bill, which may grant citizenship to illegal Bangladeshi Hindu migrants.
  • The bill’s justification is that Hindus and Buddhists are minorities in Bangladesh and fled to India to avoid religious persecution, but Muslims are the majority in Bangladesh and cannot be said to be in the same category.

Citizenship of India: Different Scenario in Assam

• In the 1970s, Assam experienced large-scale illegal migration from former East Pakistan and, after 1971, current-day Bangladesh. This resulted in a six-year-long Assam movement for the deportation of illegal migrants. The All Assam Students’ Union (AASU) led the movement calling for the NRC to be updated and deportation of all illegal migrants who entered Assam after 1951.
• The Assam Movement against illegal immigration eventually led to the historic Assam Accord of 1985, signed by the Movement leaders and the Rajiv Gandhi government. It set March 25, 1971, as the cut-off date for the deportation of illegal migrants from the northeast of India.
• Section 6A (Identification of foreigners) was to be done under the Illegal Migrants (Determination by Tribunal) Act, 1983, which was only applicable in Assam and the Foreigners Act, 1946. The Act was declared unconstitutional and overturned by the Supreme Court in 2005 on the petition of Sarbananda Sonowal.
• This was eventually replaced by the Foreigners (Tribunals for Assam) Order, 2006, which was overturned again in 2007.
• In the IMDT case, the court ruled that geographically based classification was a violation of Article 14’s right to equality.

 Single Citizenship

1. The Constitution of India proposes only single citizenship, I.e., Indian citizenship. Dual CItizenship in India is not permitted. The residents in India owe an obligation just to the Union. There is no independent state citizenship. But some countries like Switzerland etc., have dual citizenship.
2. As in Canada, the Constitution of India has initiated the single citizenship System and grants uniform rights (except in a few cases) for the people of India to promote the feeling of brotherhood and harmony among them and formulate an integrated Indian country.
3. In India, regardless of where they were born or where they reside, all people have the same political and civil rights as other residents throughout the nation, and there is no discrimination among them. 

Conclusion

• Giving a six-year residency concession based solely on religion is contrary to the tenets of secularism. India, as a country that adheres to the ideology of ‘Vasudhaiva Kutumbakam,’ should not be hasty in making decisions that may disenfranchise her citizens, thus contradicting centuries-old values.
• The need of the hour is for the Union Government to clearly chart out a course of action regarding the fate of excluded people from Assam’s final NRC, and political parties to refrain from colouring the entire NRC process with electoral prospects. An overly legal approach will only add to the sense of insecurity, insecurity, and anxiety.
• Citizens are permanent members of the Indian state and swear loyalty towards their Nation. They are granted the political and civil rights of the Indian state.Under citizenship in India,citizens enjoy six fundamental rights under article 12-35 part 3 of the Constitution of India. The Citizenship Act key provisions may be broadly divided into three parts: acquisition of citizenship, termination of citizenship, and supplemental provisions.
• The  Citizenship Act 1955  proposes three ways to lose citizenship, regardless of whether it was obtained under the Citizenship Act or before it under the laws. Termination, Renunciation, and Deprivation.The Constitution of India proposes only single citizenship, I.e., Indian citizenship. Dual CItizenship in India is not permitted.