CITIZENSHIP

INTRODUCTION

Citizenship refers to the full membership enjoyed by any community or state in which a citizen enjoys civil and political rights. It can be described as an individual's legal relationship with a particular state, expressed by pledging his allegiance to the state and performing duties such as paying taxes, serving in the army in need, respecting national principles and values, etc. The Constitution of India provides for a single citizenship for the whole of India unlike various countries like USA, UK, Canada etc. Under the Citizenship Act, 1955 citizenship can be acquired through following 5 modes-

1. Birth

2. Registration

3. Descent

4. Naturalization

5. Incorporation of Territory

This Act also lists three ways under which the citizenship can be terminated i.e. by voluntary renunciation, termination and deprivation.

1. Voluntary Renunciation- Under this ground an Indian citizen who is a major and in capacity by his own will can relinquish citizenship of India.

2. Termination- Indian Constitution provides a single citizenship. It means that an Indian citizen can only have citizenship in one country at a time. When an individual obtains citizenship in another country, his Indian citizenship is automatically terminated.

3. Deprivation- The Government of India may terminate the citizenship of the Indian citizen under the following 5 grounds-

• The Constitution has been disrespected by the citizen.

• Obtained citizenship by fraud

• During a war, the citizen has unlawfully exchanged or communicated with the enemy.

• A citizen has been sentenced to two years in prison in any country within five years of registration or naturalization.

• Citizen has been continuously living outside India for the past seven years.

BACKGROUND

As of 26 November 1949, individuals living in the territory of India automatically became Indian citizens through the coming into force of the relevant provisions of the Indian Constitution, and most of those constitutional provisions came into effect on 26 January 1950. The Constitution of India also provided for citizenship provisions for migrants from Pakistan's territories that had been part of India prior to partition.

CONSTITUTIONAL PROVISIONS

Part II of the Constitution of India deals with citizenship, and six articles starting from Article 5 to Article 11 appear in the following part.

Article 5- This article deals with citizenship at the time of the beginning of the Constitution. It contains three clauses, first clause states that a person born within the Indian Territory will be an Indian citizen. Secondly, the person whose parents are born in India will also be an Indian citizen, and thirdly, the person residing in India for a continuous period of 5 years before the commencement of the Indian Constitution will also be regarded as a citizen of India.

Article 6- It refers to the citizenship rights of certain individuals who have migrated from Pakistan to India. The article contains two clauses-

1. In accordance with the Government of India Act, 1935, the first clause gives citizenship rights to any person who migrated from Pakistan to India if any of his parents or grandparents were Indian citizens.

2. The second clause refers to the citizenship and registration procedure of a person who migrated before and after 19 July 1948.

Article 7- This article deals about a person who has migrated from India to Pakistan will no longer be considered as an Indian citizen provided that they have not returned to India under a resettlement permit.

Article 8- It is a clause that deals with the citizenship of a person of Indian origin residing outside India whose parent or grandparent was born in India and registered with the consular or diplomatic representative of India as an Indian citizen.

Article 9- This article provides that an Indian citizen shall be automatically suspended if that individual voluntarily seeks the citizenship of any other country.

Article 10 – It provides that a person who meets the definition of a citizen referred to in Part II shall remain a citizen unless the definition has been amended by Parliament and that person is excluded from that definition.

Article 11- It gives the government the power to decide who will be a citizen and who will not be a citizen, without constitutional limitations.

CITIZENSHIP AMENDMENT ACT 2019

The Citizenship (Amendment) Act, 2019 seeks to amend the Citizenship Act, 1955 by giving citizenship rights to illegal immigrants, belonging to certain religious minorities who have entered into India on or before 31st December 2014, after facing persecution in the countries of Pakistan, Afghanistan and Bangladesh. It has also relaxed the time limit for getting Citizenship by Naturalisation from eleven years to five years for these communities. The amendment has also made new provisions regarding OCI cardholders.

The amendment declared that the cut-off date for Indian Citizenshipas 31st December 2014. The Citizenship (Amendment) Act, 2019 lays down that:

A. persons shall be deemed to be Indian Citizens from the date of their entry into India that may be on or before 31st December 2014;

B. Any legal proceeding against illegal immigration shall be closed pertaining to illegal immigration.

C. The benefit of Indian Citizenship shall be only to illegal migrants of tribal areas of Assam, Meghalaya, Mizoram, and Tripura.

D. Provided these illegal migrants of must have stayed at least 6 years in India prior to being lodging application for naturalization.

CASE LAWS

The Supreme Court of India in Hans Muller of Nurenburg v. Superintendent, Presidency gave ‘absolute and unfettered’ power to the Government to expel foreigners from India, which was again upheld by the Supreme Court in Mr. LouisDe Raedt & Ors v. Union of India. In the same judgment, Supreme Court also held that foreigners have the right to be heard.

In the judgment of Ktaer Abbas Habib Al Qutaifi v. Union of India the High Court of Gujarat held that the principle of non-refoulment avoids ejection of a displaced person where his life or freedom would be undermined by virtue of his race, religion, nationality, enrollment of a specific social gathering or political conclusion. Its application ensures life and freedom of a person irrespectively of his nationality.

In the case of Kulathil Mammu v. State of Kerela, the term “migrated” was defined. It was held that the term means voluntary and permanently leaving from India to Pakistan.

CONCLUSION

Citizenship is the legal right to belong to a particular country. In other words, citizenship grants individuals membership in a national political community. Part II of the Constitution relates to Citizenship of India. Articles 5 to 9 of the Constitution determine who Indian citizens at the commencement of the Constitution are. Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by Parliament. Article 11 widens the power of the Parliament to regulate the right of citizenship. Recently, the ruling Government in India pushed and hastily got the Citizenship Amendment Act 2019 (CAA) passed owing to its brute majority in Parliament. This Act seeks to radically change the nature of Indian democracy and challenges the very idea of India and all it stands for.

A.I.R. 1955 S.C. 367.

A.I.R. 1991 S.C. 1886.

(1999) CriLJ 919.

A.I.R. 1966 S.C. 1614.