Citizenship Act 1955 and Constitutional provisions for Citizenship

Citizenship is an inherent right possessed by individuals within a nation. In a sovereign state, the citizens are afforded particular civil and political rights as delineated by the Constitution. This concept of citizenship encapsulates the bond between an individual and the state, which entails a duty of loyalty and the entitlement to state protection. Citizenship is enumerated in the Union List of the Constitution, thereby placing it under the exclusive jurisdiction of Parliament. Although the Constitution does not provide a specific definition for the term “Citizen,” Part 2 outlines various categories of citizenship eligibility, as detailed in Articles 5 through 11.

Synopsis: 

1. Introduction
2. Principles of Citizenship 
3. Constitutional Provisions 
4. Citizenship Act 1955
5. Modes of Acquiring Citizenship
6. Revocation of citizenship
7. Case Laws
8. Conclusion

1. Introduction

Citizenship is defined as the legal status that identifies an individual as a member of a sovereign state, thereby granting them specific rights and responsibilities. This status allows individuals to engage fully in the civic affairs of their nation, benefit from the protection of its legal system, and meet obligations such as tax payments and adherence to laws. The concept of citizenship encompasses not only the legal acknowledgment by a state but also the socio-political connection that links an individual to the community within that state.

2. Principles of Citizenship
   
   The principles governing citizenship outline the mechanisms through which an individual may obtain or relinquish this status. These principles are crucial for establishing a coherent and just citizenship framework in any nation. The primary principles include:
   1. Jus Soli (Right of the Soil): This principle confers citizenship based on the location of birth. Individuals born within a state’s territory are generally entitled to citizenship of that state, regardless of their parents’ nationality.
   2. Jus Sanguinis (Right of Blood): Citizenship is ascertained through the nationality or ethnicity of one or both parents. A child born to citizens of a country, even if born outside its borders, may claim citizenship under this principle.
   3. Naturalization: Foreign nationals may obtain citizenship through a legal process that typically requires a specified duration of residence, proficiency in the national language, and an understanding of the country’s culture and legal framework.
   4. Marriage: Certain nations permit individuals to gain citizenship through marriage to a citizen, contingent upon meeting specific criteria and following established procedures.
   5. Incorporation of Territory: When new territories are integrated into a country, the inhabitants of those territories may be granted citizenship as part of the assimilation process.

These principles are designed to ensure that the processes of acquiring and losing citizenship are clear, fair, and aligned with international standards.

3. Constitutional Provisions
   
   The Indian Constitution delineates specific provisions regarding citizenship, which are articulated in Articles 5 through 11, These articles collectively establish a thorough legal framework for identifying Indian citizens and the criteria governing the acquisition or loss of citizenship.
   1. Article 5: Confers citizenship upon individuals who were domiciled in India at the time the Constitution came into effect, provided they were born in India, had at least one parent born in India, or had resided in India for a minimum of five years prior to the Constitution’s commencement.
   2. Article 6: Addresses the citizenship status of individuals who migrated from Pakistan to India before July 19, 1948, contingent upon certain stipulations.
   3. Article 7: Concerns the rights of those who migrated to Pakistan after March 1, 1947, and later returned to India.
   4. Article 8: Grants citizenship to individuals of Indian descent living abroad, provided they register as Indian citizens with the Indian diplomatic or consular office in their country of residence.
   5. Article 9: Asserts that any individual who voluntarily acquires citizenship of another nation will forfeit their Indian citizenship.
   6. Article 10: Guarantees the preservation of citizenship for those recognized as citizens of India, subject to any legislative provisions enacted by Parliament.
   7. Article 11: Authorizes Parliament to legislate on matters pertaining to citizenship rights, including the processes for acquiring and relinquishing citizenship.

4. Citizenship Act 1955
   
   The Citizenship Act of 1955 serves as the fundamental legal framework for the acquisition and cessation of Indian citizenship. It delineates the different methods through which citizenship can be obtained, such as by birth, descent, registration, naturalization, and the incorporation of territory. Additionally, the Act specifies the processes involved in renouncing or terminating citizenship, as well as the conditions under which citizenship may be revoked, thereby promoting transparency and fairness in these procedures. Over the years, the Act has undergone multiple amendments to reflect evolving social and political contexts.
   
5. Modes of Acquiring Citizenship
   
   Indian citizenship can be obtained through various means, including birth, descent, registration, naturalization, or the incorporation of territory, as outlined in the Citizenship Act of 1955.
   1. By Birth: Individuals born in India are eligible for citizenship, provided they meet the specific criteria established in the Citizenship Act.
   2. By Descent: Those born outside of India may acquire citizenship if at least one of their parents is an Indian citizen, contingent upon certain conditions.
   3. By Registration: Individuals belonging to specific categories, such as those of Indian heritage or those married to Indian citizens, have the option to register for citizenship.
   4. By Naturalization: Foreign nationals may seek citizenship after meeting the residency and other legal stipulations set forth in the Act.
   5. By Incorporation of Territory: When a new territory is integrated into India, its inhabitants may be granted Indian citizenship.

6. Revocation of citizenship
   
   Indian citizenship may be revoked through three distinct mechanisms: voluntary renunciation by the individual, automatic termination upon the acquisition of citizenship in another nation, and governmental deprivation based on specific grounds such as fraudulent acquisition or acts of disloyalty.
   1. Voluntary Renunciation: A citizen has the option to formally renounce their Indian citizenship.
   2. Automatic Termination: Citizenship is automatically terminated when an individual voluntarily acquires citizenship in another country.
   3. Governmental Deprivation: The state possesses the authority to revoke citizenship if it was obtained through deceit, if the individual demonstrates disloyalty to the Constitution, or if they engaged in unlawful trade with an enemy during wartime, among other justifiable reasons.

7. Case Laws
   

Bhagwati Prasad Dixit v. Rajeev Gandhi

In this instance, the issue presented pertained to the legitimacy of the election. The appellant contended that the respondent should be disqualified from candidacy on the grounds of no longer being a citizen of India. The respondent subsequently contested the High Court’s ruling. The court determined that the High Court had appropriately rejected the appeal, as the arguments presented failed to establish a valid cause of action. Furthermore, the determination regarding the acquisition of foreign citizenship, as outlined in Section 9 of the Citizenship Act, falls under the purview of the Central Government, thereby placing it outside the jurisdiction of the High Court.

8. Conclusion
   
   Citizenship falls under the Union List, which is addressed by the Parliament of India, and it holds constitutional significance as outlined in Part II of the Constitution. The Parliament has exercised its authority granted by Article 11 to implement the Citizenship Act of 1955, a statute that has undergone multiple amendments to align with the changing dynamics and demands of society. The principle of Vasudhaiva Kutumbakam serves as a guiding philosophy in considering applications for Indian citizenship from individuals who have pursued the process through legal means.