Understanding Citizenship in India: A Legal Perspective, Slides of Constitutional Law

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Citizenship in India

Why Citizenship is Important

• (^) Citizenship is Legal Membership of Nation States
• (^) Context Outsiders: Alien, enemy, migrant, illegal migrant, refugee etc.
• (^) Citizenship is Promise of Equality and integration within a political community

What is the Legal Implications of Citizenship?

• (^) Citizenship is seen in terms of Legal/formal Status of Individuals.
• (^) It means having Nationality i.e. Membership of Nation State
• (^) Nation State is Largely a 20 th century concept.
• (^) Citizenship is bundle of Rights: Article 19, Right to Vote, Right to Hold Positions
• (^) Citizenship also imposes Duties- Article 51A

What is the Legal Implications of Citizenship?

• (^) Idea of Citizenship Goes Beyond mere Formal/Legal Membership in terms of Belonging.
• (^) Substantive Equality: Non Discrimination- Article
• (^) State cannot discriminate on certain prohibited grounds against any citizen.
• (^) Substantive Equality Requires Special Treatment: Women

Who is an Indian Citizen as per Constitution?

• (^) Term Citizen not Defined
• (^) B. R. Ambedkar: No other subject has given this much headache to the Drafting Committee as Citizenship.
• (^) Several Drafts were prepared and destroyed.
• (^) Part II of Constitution: Articles 5 to 11 deal with Citizenship.
• (^) These Articles came into force on November 26,1949 itself.

Who is an Citizen?

• (^) Article 5: Citizenship on January 26,
• (^) Every Person who has his domicile(residence) in the territory of India and
• (^) Who was born in India or
• (^) Either of whose Parents was born in the territory of India or
• (^) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement
• (^) shall be a citizen of India

Article 6:Citizenship of Those who have

migrated to India from Pakistan

• (^) If so migrated on or after 19 th July,1948, he has been Registered by as a Citizen of India by a special officer before 26 th January,1950.
• (^) But no person is to be registered unless he has been resident in the territory of India for at least six months immediately preceding the date of application.

Article 7: Citizenship of Migrants to Pakistan.

• (^) Notwithstanding anything in Articles 5 and 6
• (^) A person who has after 1 st^ March,1947 migrated from India to Pakistan shall not be deemed to be Indian Citizen.
• (^) Provided this article shall not apply to a person who after having so migrated to Pakistan has returned to India under a permit of Resettlement or Permanent Return shall be deemed to have migrated after 19th^ July,1948.
• (^) Thus can get Citizenship only by Registration even if returned before19th July,1948.

Article 9:Loss of Citizenship

• (^) If he voluntarily acquired citizenship of Foreign country.

Article 11:Parliament to Regulate Citizenship

• (^) Article 11: Parliament given full authority to regulate citizenship with respect to acquisition and termination of citizenship and all matters relating to citizenship.
• (^) Citizenship Central Subject: Entry No 17 of Union List.
• (^) Citizenship Act,
• (^) Amendments in 1986,1992,2003,2005,2015 and 2019
• (^) States Have No Role: Assembly Resolutions Against CAA

What Did we Learn today?

• (^) Citizenship: State centric concept
• (^) Citizenship: Bundle of Rights
• (^) Jus Soli & Jus Sanguinis
• (^) Who is an Indian Citizen? Next Lecture

Disclaimer

The views which have been expressed by the speaker in the lecture are his personal views.