Laxmikanth Summary: Citizenship | Indian Polity for UPSC CSE PDF Download

Meaning and Significance

• In India, there are two categories of people: citizens and aliens, with citizens being full members of the Indian State and enjoying all civil and political rights.
• Aliens, citizens of other countries, do not have all the civil and political rights enjoyed by citizens. They are classified as friendly aliens or enemy aliens based on their country's relationship with India.
• Friendly aliens are citizens of nations with cordial relations with India, while enemy aliens are citizens of nations at war with India, enjoying lesser rights.
  
• Citizens in India have various rights and privileges guaranteed by the Constitution, including:
  (i) Right against discrimination based on religion, race, caste, sex, or place of birth (Article 15).
  (ii) Right to equality of opportunity in public employment (Article 16).
  (iii) Right to freedom of speech, expression, assembly, association, movement, residence, and profession (Article 19).
  (iv) Cultural and educational rights (Articles 29 and 30).
  (v) Right to vote in elections to the Lok Sabha and state legislative assembly.
  (vi) Right to contest for membership of Parliament and state legislature.
  (vii) Eligibility to hold certain public offices such as President, Vice-President, judges of the Supreme Court and high courts, Governor of states, Attorney General, and Advocate General.
• Citizens also have duties towards the Indian State, including paying taxes, respecting national symbols, and defending the country.
• Both citizens by birth and naturalized citizens are eligible for the office of President in India, unlike the USA where only citizens by birth are eligible for the presidency.

Single Citizenship

• The Indian Constitution is federal, with a dual polity comprising the Centre and states, but it only provides for single citizenship, which is Indian citizenship.
• In contrast to countries like the USA and Australia, where double citizenship exists, Indian citizens owe allegiance solely to the Union, with no separate state citizenship.
• Double citizenship creates issues of discrimination, as states may favor their citizens in various matters such as voting rights, holding public offices, and professional opportunities.
• India's system of single citizenship ensures uniform political and civil rights for all citizens across the country, without discrimination based on their state of birth or residence.
  
• Exceptions to the absence of discrimination include provisions allowing Parliament to prescribe residence as a condition for certain employments and states to provide benefits or preferences to their residents in matters not covered by constitutional rights.
• Article 19 protects the freedom of movement and residence but restricts outsiders' rights to settle in tribal areas to safeguard the interests of scheduled tribes and protect their culture and property.
• Until 2019, Jammu and Kashmir had special provisions defining permanent residents and conferring specific rights and privileges on them, based on Article 35-A. However, this special status was abolished in 2019.
• The Constitution aims to promote fraternity and unity among Indians by introducing single citizenship and providing uniform rights, but India continues to face communal riots, class conflicts, caste wars, linguistic clashes, and ethnic disputes, indicating that the goal of building a fully integrated Indian nation has not been fully realized.

Constitutional Provisions

• The Constitution addresses citizenship from Articles 5 to 11 in Part 11, but it lacks permanent or detailed provisions regarding acquisition or loss of citizenship after its commencement.
• It identifies four categories of individuals who became citizens of India on January 26, 1950:
  (i) Individuals with domicile in India who met specific conditions related to birth or residency.
  (ii) Those who migrated to India from Pakistan and met residency requirements or were registered as citizens.
  (iii) Individuals who migrated to Pakistan from India but later returned and met residency criteria.
  (iv) Persons of Indian origin residing abroad who could register as Indian citizens through diplomatic or consular representatives.
  
• These provisions cover citizenship for those domiciled in India, migrants from Pakistan, return migrants, and overseas Indians.
• Other constitutional provisions include:
  (i) Prohibition on acquiring foreign citizenship voluntarily while remaining an Indian citizen.
  (ii) Continuation of Indian citizenship for those already holding it, subject to parliamentary laws.
  (iii) Parliament's authority to enact laws concerning citizenship acquisition, termination, and related matters.

Citizenship Act, 1955

• The Citizenship Act (1955) governs the rules for acquiring and losing citizenship after the Constitution's commencement.
• Initially, the act included provisions for Commonwealth Citizenship, but these were repealed in 2003.

Acquisition of Citizenship

(A) By Birth

• Individuals born in India between January 26, 1950, and July 1, 1987, are citizens regardless of their parents' nationality.
• Different criteria apply to those born after July 1, 1987, and December 3, 2004.
• Children born to foreign diplomats or enemy aliens in India cannot acquire citizenship by birth.

(B) By Descent

• Citizenship can be acquired by individuals born outside India based on their father's citizenship.
• The criteria and registration requirements vary depending on specific dates.
  

(C) By Registration

• The Central Government can register individuals meeting certain criteria, such as Indian origin or marriage to an Indian citizen.
• Registration provisions also apply to minor children of Indian citizens.

(C) By Naturalisation

• The Central Government may grant citizenship through naturalisation under specific qualifications and conditions.
• Recent amendments have reduced residency requirements for certain communities.

(D) By Incorporation of Territory

• When foreign territory becomes part of India, citizenship is granted to specified individuals from that territory.
• An example includes the Citizenship (Pondicherry) Order (1962) for Pondicherry's incorporation.

(E) Special Provisions

• Assam Accord and Migrants: Special provisions apply to persons covered by the Assam Accord, granting citizenship based on residency and registration.
• Migrants from Afghanistan, Bangladesh, or Pakistan:
  (i) Recent amendments allow citizenship for migrants belonging to specified communities who entered India before December 31, 2014.
  (ii) Exemptions from certain penal consequences and eligibility for long-term visas were granted before the Citizenship (Amendment) Act, 2019.

Loss of Citizenship

(A) By Renunciation:

• Citizens can voluntarily renounce their citizenship, leading to its termination.
• Exceptions exist during wartime.

(B) By Termination:

• Citizenship automatically terminates if a citizen voluntarily acquires citizenship of another country.
• Exceptions exist during wartime.

(C) By Deprivation:

• The Central government can compulsorily terminate citizenship for various reasons, including fraud, disloyalty, unlawful communication with enemies, imprisonment, or continuous residency outside India for seven years.

Overseas Citizenship of India

• In September 2000, the Indian Government established a High-Level Committee on the Indian Diaspora chaired by L.M. Singhvi.
• The committee aimed to study the global Indian diaspora comprehensively and propose measures for a constructive relationship.
• It recommended amending the Citizenship Act (1955) to grant dual citizenship to Persons of Indian Origin (PIOs) from certain countries.
  L.M. Singhvi
• The Citizenship (Amendment) Act, 2003, allowed PIOs from 16 specified countries (excluding Pakistan and Bangladesh) to acquire Overseas Citizenship of India (OCI).
• The act also removed provisions related to Commonwealth Citizenship from the Principal Act.
• The Citizenship (Amendment) Act, 2005, expanded OCI eligibility for PIOs from all countries allowing dual citizenship under their laws.
• The OCI is not technically dual citizenship due to constitutional restrictions.
• The Citizenship (Amendment) Act, 2015, merged the PIO card scheme and OCI card scheme into a single "Overseas Citizen of India Cardholder" scheme.
• This was done to address confusion and enhance facilities for applicants.
• The PIO scheme was terminated on January 9, 2015, and all existing PIO cardholders were considered OCI cardholders from that date.

The Citizenship (Amendment) Act of 2015 introduced a change in terminology, substituting "Overseas Citizen of India" with "Overseas Citizen of India Cardholder," and included the following provisions in the Principal Act:

Registration of Overseas Citizen of India Cardholder

The Central Government may register individuals as overseas citizens of India cardholders if they meet certain criteria:

• Individuals who were Indian citizens at the time of or after the commencement of the Constitution, or were eligible for Indian citizenship at that time.
• Individuals who were citizens of another country but belonged to a territory that became part of India after August 15, 1947.
  
• Minor children of eligible individuals, or individuals whose both parents are Indian citizens or one parent is an Indian citizen.
• Spouses of foreign origin of Indian citizens or overseas citizens of India cardholders, provided their marriage has been registered for at least two years.
• However, individuals or their ancestors from Pakistan, Bangladesh, or specified countries are not eligible for registration.

Conferment of Rights on Overseas Citizen of India Cardholder

• Overseas citizen of India cardholders are entitled to certain rights as specified by the Central Government.
• They are not entitled to certain rights granted to Indian citizens, such as equality of opportunity in public employment, eligibility for certain political positions, registration as a voter, or membership in legislative bodies.

Renunciation of Overseas Citizen of India Card

• Cardholders have the option to renounce their overseas citizen status by making a declaration.
• Once the declaration is registered by the Central Government, the individual ceases to be an overseas citizen of India cardholder.
• Additionally, the spouse and minor children of the cardholder also lose their overseas citizen status upon renunciation.

Cancellation of Registration as Overseas Citizen of India Cardholder:

• The Central Government has the authority to cancel the registration of a person as an overseas citizen of India cardholder under various circumstances.
• These circumstances include obtaining registration through fraudulent means, showing disaffection towards the Indian Constitution, engaging in unlawful activities during wartime, violating citizenship laws, imprisonment, or actions deemed against national security or public welfare.
• Before cancellation, the individual has the right to be heard, as per the provisions added by the Citizenship (Amendment) Act, 2019.