CITIZENSHIP AND

EMIGRATION LAW: AN
INTRODUCTION
Karthik Shiva
Assistant Professor of Law
VIT School of Law
 INTRODUCTION
◦ Citizenship – etymology – citisein - "inhabitant of a city or
town” - "freeman or inhabitant of a country, member of the
state or nation, not an alien"
◦ Artificial construct – Sense of ‘Belonging’
◦ Dual Function – Unifies and Divides
◦ Citizenship à Gradual Movement/Development
◦ From ‘Exclusion’ à To ‘Inclusion’
◦ Exclusive Citizenship à Inclusive Citizenship
 INTRODUCTION
◦ Citizenship as a ‘contested’ concept

◦ Quite an old phenomenon traced to ancient world

◦ Form, manner and implication differed

◦ Ancient and Modern Republics - A citizen as “a

person with political rights”

◦ Entailed the Right to Vote, Democratic

participation, hold government offices, etc.
 MEANING AND CONCEPT
q Citizenship – The relationship between the individual
as a citizen with the state to which he or she may
belong
q Citizenship may be acquired through any of the
following modes in India
i. Birth
ii. Descent
iii. Registration
iv. Naturalisation
v. Incorporation of Territory
 MEANING AND CONCEPT
◦ Who are the citizens?
◦ What constitutes citizenship?
◦ Who are excluded or included from
citizenship and on what basis?
◦ Is it only a legal or political status?
◦ Is it there any religious, cultural or social
marker to determine citizenship?
 MEANING AND CONCEPT
q Citizenship – reflected through a legal instrument – inevitably the
Constitution

q Establishes a contract between the citizen and the nation-state

q Lays down the vertical relationship between the citizen and the state

q Entails rights, responsibilities, privileges and protections for the

Citizen – denied or not equally enjoyed by aliens and non-citizens

q Enables then to articulate the dialect of ‘rights’ to the State – to seek

accountability – protections - ‘Right to have Rights’ – owed to the state
their allegiance, military service and taxation
 DEFINITION OF CITIZENSHIP
◦ Encyclopaedia Britannica – Citizenship is a
"relationship between an individual and a state to which
the individual owes allegiance and in turn is entitled to
its protection"
◦ Aristotle - Citizens as “all who share in the civic life of
ruling and being ruled in turn”
◦ Jason Harnish – “Citizenship confers membership,
identity, values, and rights of participation and assumes
a body of common political understanding”.
◦ T. H. Marshal defined citizenship as “a status bestowed
on those who are full members of a community”.
◦ Facets à Civil, Political and Social Citizenship
 DEFINITION OF CITIZENSHIP
According to Penny Enslin:
Citizenship in a democracy gives
◦ membership status to individuals within a political unit;
◦ confers an identity on individuals;
◦ constitutes a set of values;
◦ involves practicing a degree of participation in the process
of political life and implies gaining
◦ and using knowledge and understanding of laws,
documents, structures, and processes of governance
 HISTORY AND BACKGROUND
v Prof. Romila Thapar – Phases of Development of
Citizenship
v Master à Slave
v Lord à Serf
v Ruler à Subject
v Government/Representative à Citizen
v Slave à Serf à Subject à Citizen
v No rights à Minimal rights à Limited Rights à Full Rights
 EVOLUTION OF CITIZENSHIP
v Development of Citizenship
v Ancient Citizenship v. Modern Citizenship
v Raja à Praja (Children)
v Paternalistic State – Doctrine of Parens
Patriae
v State as the Guardian of its Citizens
v Classical democracy à Citizenship was
primarily based on family and neighbour
 ANCIENT CITIZENSHIP
v Xenophanes opined – Greeks were primarily concerned with culture and
language in determining the citizenship laws

v Plato made it clear that one’s lack of education, not one’s ‘race’ was
considered to be the “greatest obstacle to . . . becoming a citizen of Magnesia
(Laws).

v As civic institutions grew, the role of citizenship became more important –

Correspondence of Democracy and Citizenship

v To be a citizen meant one was an Athenian or to be an Athenian meant one

was a citizen
ANCIENT CITIZENSHIP IN GREECE
v The private and public character of an individual
became more apparent.
v Oikos – Personal Sphere of Human Life and Polis –
Political Sphere of Public Life
v At the core of Athenian society, one’s oikos, (family),
determined membership.
v “A foreigner or non-Athenian could only become an
Athenian by being accepted and entering into that
descent group - into the oikos, phratry (kinship groups)
and demes (subdivision of Attica), and tribe.”
ANCIENT CITIZENSHIP IN GREECE
◦ Greek Citizenship – Small-scaled, culturally monolithic,
hierarchical, and discriminatory
◦ Excluded women, children, slaves and metics (immigrants)
◦ Consider to be moral, idealistic, spiritual, active, participatory,
communitarian, and even heroic in that it commanded personal
military service from its citizens
◦ ‘Participation’ as the basis/gauging scale – Citizenship as a
‘Privileged’ Status of a Minority – Participatory Citizen Democracy
◦ Citizenship was primarily perceived as a bond forged by
participation in public affairs and associated with duties/
responsibilities
ANCIENT CITIZENSHIP IN GREECE
◦ Citizenship is not based on one’s service but on oikos, one’s
descent or origin

◦ Gender, race and class defined citizenship in Ancient Greece –

Marked by Privilege and exclusion – 30K-50K Citizens – 80K-
100K Slaves

◦ Aristotle – The good citizen should know and have the

capacity both to rule and be ruled, and . . . is the virtue of
a citizen.
 ANCIENT CITIZENSHIP IN GREECE
◦ Citizenship entailed at a minimum participating in the
Assembly, which met at least 40 times a year
◦ Required a quorum of 6,000 citizens for plenary sessions
◦ Doing jury duties for persons over 30 years was expected –
Juries ranged from 201> and 501> persons – required active
participation
◦ Declaration of War and Peace, Alliances, Public Order
Finance and Taxation
◦ Demes – Territorial sub-units conducted parallel discussion
in ‘agora’
◦ Decision made through by Voting secret ballot – pebbles in
Jar/ raising of hands – Unanimity & Consensus preferred
over Voting
◦ Citizens could only dedicate themselves to public life
because their private lives were serviced by others – Slaves,
Women & Metic
 ANCIENT CITIZENSHIP IN ROME
◦ Plebians and Patricians - Large Land Owners and Landless Tenants – Political Office
restricted to former
◦ Roman Empire had a large and heterogeneous population, and in order to hold together
such a vast empire
◦ Romans first used citizenship as a device to distinguish the residents of
the city of Rome from those peoples whose territories Rome had conquered and incorporated.
◦ Romans granted citizenship to their allies throughout Italy, to peoples in other Roman
provinces
◦ 509 B.C. - Rome began to build its Empire on law of which citizenship was a keystone.
◦ The Empire was based on “universal citizenship of free men and a Stoic notion of the
universal brotherhood of mankind.”
◦ 212 CE - Citizenship was extended to all free inhabitants of the empire.
◦ Greece à Participatory citizen democracy à Political Status à Direct Democracy
◦ Rome à More Universal Citizenship à Legal Status à Indirect Democracy
 ANCIENT CITIZENSHIP IN ROME
◦ One did not have to be born in Rome to become a citizen, as was the requirement in
Athens – Descent v. Consent
◦ Outsiders were welcome and able to receive the high honour of becoming Roman
citizens.
◦ Expanded throughout Italy, rest of Europe and finally Asia and Africa as well
◦ Roman Empire expanded using citizenship as a reward for allegiance and service
◦ Offered different version of Roman citizenship to conquered provinces while allowing
them to retain their own Govt & citizenship – Concept of Dual Citizenship
◦ Roman Citizenship as a ‘Legal Status’ – Example of St. Paul of Tarsus – Arrest in
Palestine – claimed trial in Rome based on his citizenship
◦ The right to sue and be sued in given courts was granted
◦ In Rome, if one were an active citizen, twenty days of service would be required in a
given year.
◦ Sometimes it would be necessary to attend an informational session called a ‘contra’
were attendance was compulsory
 ANCIENT CITIZENSHIP IN ROME
Categories of Roman Citizenship based on the enjoyment of rights
A. Cives Romani
1. Non optimo iure - ius commercii and ius connubii -
Right to Property & Right to Marriage
2. Optimo iure - ius suffragii and ius honorum -
Additional Right to Vote + Right to Hold Office
B. Latini: Latin League Rights
C. Socii & Foederati: Tribute and Non-tribute regions
D. Provinciales: Roman Influence – jus gentium
E. Peregrinus: Omnibus term – except Full Roman citizen
 ANCIENT CITIZENSHIP IN INDIA
◦ Democracy and Citizenship was not restricted to the Western World

◦ Kshudrak Malla Sanga – Voting in Buddhist Sanga – Chanda(Vote) and

Shalaka (Pins) – Voting by Ballot (Open and Secret)

◦ Concept of ‘Government by Discussion’ – Monarchical and Republican

Forms of Government

◦ Sabha and Samiti system in Ancient India – Guilds, autonomous

associations, other Kinship groups existed – Polycentric in nature

◦ Concept of Dharma – State enables the citizens to follow their

respective dharma and to enjoy private property rights
 ANCIENT CITIZENSHIP IN INDIA
◦ Yogakshema – aimed at the welfare, prosperity and protection of all the
citizens – ensured through loyal, efficient and honest administration -
Collective welfare of all its citizens
◦ Kautilya’s Arthasastra – Usage of terms such as citizen, subject,
alien, outsiders, etc.
◦ Payment of fines by citizens for violating laws, rules, regulations, etc.
◦ Kautilya opines – “A King with depleted treasury eats into the
vitality of the citizens and the country”
◦ Calamities – Preferential treatment of one’s own people over aliens and
enemy people
 EVOLUTION OF CITIZENSHIP
◦ Concept of national citizenship underwent a rapid decline in Europe during the Middle
Ages,

◦ Replaced as it was by a system of feudal rights and obligations – emphasis on group

rights

◦ In the late Middle Ages and the Renaissance, the holding of citizenship in various cities
and towns of Italy and Germany became a guarantee of immunity for merchants and
other privileged persons from the claims and prerogatives of feudal overlords.

◦ Modern concepts of citizenship crystallized in the 18th century during

the American and French Revolutions

◦ The term ‘citizen’ entailed the possession of certain liberties in the face of the coercive
powers of absolutist monarchs.
 MODERN CITIZENSHIP
v Modern Citizenship – Indicator of Symbolic reality of the
members
v People often relate it conceptions marital status, age or sex –
personal quality

v Four Conceptions of Modern Citizenship à Legal Status à

Identity à Civic Virtue à Social Cohesion
v Modern Citizenship à rather than legislations à developed in
relationship of states with other states
 MODERN CITIZENSHIP
v Traced to the sovereignty of states premised on consent/authority of the people

v Need for identification of members of particular states against other emerged

v Modern Citizenship à Grounded in Revolutionary Thinking à First Countries to recognize

citizenship – USA and France

v Citizens as a relation with the state as ‘bearers’ of a legal status

v Citizenship as a ‘relative’ conception – understood with reference to other states

v Movement à Citizenship as belonging to the State (State centric citizenship) à belonging to

the citizen (Citizen centric citizenship)

v Gender dichotomies formed a part of Early Modern Citizenship – Laws governing the
acquisition and loss of citizenship were different
 MODERN CITIZENSHIP
v Modern Citizenship à International Arrangements
v Traced to the revolution of the 18th century
v Identifying Citizens began with identifying non-
citizens –
v First Step à Systematic Classification of Non-
citizens
v Concept of Passports traced to 20th Century –
emerged long after nationality laws and citizenship
status was solidified
 MODERN CITIZENSHIP
v Background – Treaty of Westphalia – Origins of
Modern Nation-State – borders inviolable and
immunity in internal affairs
v Sovereignty of Monarchies and Potentates –
status of persons was irrelevant – concern was
territorial scope of sovereign realm
v Modern Citizenship emerged – displacement of
Monarch as Sovereign – identification of new sovereign
in form of popular sovereignty
v USA – “We The PEOPLE” – came before ‘CITIZENS’ –
Citizenship by Birth – Ratification of 14th Amendment
in 1868 – Constitutional Status
 MODERN CITIZENSHIP
v French Constitution 1791: It distinguished between
citoyens francais and citoyens actifs
v Citoyens francais – Nationals or citizens in the modern
sense including all members of the nation-state;
v Citoyens actifs – Comprised the sub-class of persons with
political rights
v French Citizenship – Linked to political participation –
Initially intended to include Frenchwomen – rolled back in
1792
v As ‘active citizens’ – right to vote was limited to all adult
males as they alone were liable military service of men – Still
‘citizenship’ was enjoyed without voting rights by women
 MODERN CITIZENSHIP
v Early modern citizenship was gender neutral – USA and
France
v Napoleonic Code 1804 – changed the position – tethered
female citizenship with husband’s status
v By mid 19th Century this idea spread throughout Europe
and then the world
v Female citizenship – became conditional – transferrable on
foreign marriage – irrespective of legal/ practical
consequences for the individual woman
v Conditional Female Citizenship – premised on the Rule of
Common Family Nationality – international order as power
struggle between states – rivalries, tensions and hostilities
between states would project on the marriage
 MODERN CITIZENSHIP
v Jus Soli and Jus Sanguinis – Conceptions developed
v Land of Immigration – USA, Canada, Australia – adopted
jus soli – Continental Europe – adopted jus sanguinis to
maintain link with descendants of its emigrants.
v Naturalisation permitted members of other states’ or
nations’ ‘peoples’ to be assimilated into the citizenry
v Naturalisation prohibited on racial grounds for aliens in
United States and the British Dominions – Chinese and
Japanese naturalisation was prohibited earlier
v Jus Soli – exception in Britain – Children of Ambassadors,
children fathered by members of occupying armies during
war – limited by law – Principle of Allegiance
 MODERN CITIZENSHIP
v Early Modern Citizenship built around –
allegiance and protection – former prioritised over
latter
v Allegiance – Military service, taxes, defending the
King’s person and honour
v Allegiance was assumed as a quality of the
subject, not as a test of activity or character.
v Subject’s allegiance to the sovereign was not
elective or optional, not a matter of choice or
volition. It was indelible, perpetual and inalienable.
 MODERN CITIZENSHIP
v Power to banish the subject from realm in
certain cases – subject status could not be stripped
v Mid 19th Century – Radical Rethinking of
relationship of individual to sovereign, states had
begun to recognise citizenship as alienable
v Recognition of voluntary ‘expatriation’ as part of
individual freedom
v Allegiance/‘citizenship’ was no longer perpetual –
an individual might change allegiance – sovereign
might strip an individual’s citizenship
CITIZENSHIP AND GLOBALISATION
v “Globalization” refers to “a cluster of related changes that are
increasing the interconnectedness of the world
v These changes are occurring in, but not limited to, economic,
technological, cultural, and political realm
v It has political, economic, sociocultural, and technological
dimensions, and
v It refers to the increased and seamless movement of goods,
services, ideas and people around the globe
v It refers to integration and inter-connectedness across
national boundaries along these dimensions.
 CITIZENSHIP AND GLOBALISATION
v Cosmopolitan Citizenship – Birth, education, work, vacation in different
nations – complex questions of belonging, nationality and citizenship –
Citizens of the World?
v Challenge traditional conceptions of citizenship based on affiliation with a
territorial nation-state.
v Challenge to Nation state as the only source of authority over citizenship
and democracy
vGradual Vanishing/Erasure of strict ‘national boundaries’ – Open Borders
– Economic Unions – Supranational Organisation and Citizenship –
v Trans-national, International and Supra-national Citizenship – European
Union
v Borderless Nations – Global Passport – Global Citizens
CITIZENSHIP AND GLOBALISATION
v “Does globalisation make citizenship redundant?

v What are the tension between ‘globalisation’ and ‘citizenship’?

v Emerging conceptions that extend beyond the Marshallian conception

of citizenship trichotomy CIVIL, POLITICAL and SOCIAL CITIZENSHIP

v New Forms of Citizenship – Mobility Citizenship, Minority Citizenship,

Cultural Citizenship, Ecological Citizenship, Diasporic Citizenship, Cyber
Citizenship (Netizens)

v Citizenship of Flows – Migrants, visitors, cultures across national

boundaries
 NATIONALITY
◦ The word ‘nationality’ in simple terms refers to where a person is born.

◦ It is a fact and attaches by default.

◦ Nationality is often used to signify membership in a community on the basis

of common cultural characteristics

◦ Nationality also serves to denote the relationship to a state of entities other

than individuals; corporations, ships, and aircraft, for example, possess a
nationality.

◦ Some countries may employ the term ‘nationality’ and ‘citizenship’

interchangeably
 NATIONALITY IN INTERNATIONAL LAW
◦ Nationality means the affiliation of an individual from the point
of view of international law

◦ NATIONALITY – International law and IHRL instruments – UDHR

(Art. 15), ICCPR [Art. 24(3)], CERD (Art. 5), CEDAW (Art. 9), CRC (Art.
7), ICRMW (Art. 29), CRPD (Art. 18]

◦ Many of them are Children centric and women centric provisions

– vulnerable sections - discriminatory treatment prohibited

◦ Used interchangeably in International Law – predominantly

‘nationality’ – lack of clear demarcations
 CITIZENSHIP
◦ When a recognizes the legal status of a person through the
granting of citizenship. It is a legal status.

◦ Citizenship refers to membership conferred by a state.

◦ Citizenship is the most privileged form of nationality.

◦ A country’s government grants citizenship when

specific legal requirements are met.
 NATIONALITY V. CITIZENSHIP
In The State Trading Corporation of India Ltd. and Others Vs. The Commercial Tax
Officer, Visakhapatnam and Others, AIR 1963 SC 1811 the Supreme Court explained:

But the question still remains whether nationality” and “citizenship” are interchangeable
terms - ‘Nationality’ has reference to the jural relationship which may arise for consideration
under international law. On the other hand ‘citizenship’ has reference to the jural
relationship under municipal law. In other words, nationality determines the civil rights of a
person, natural or artificial, particularly with reference to international law, whereas
citizenship is intimately connected with civic rights under municipal law. Hence, all citizens
are nationals of a particular State, but all nationals may not be citizens of the State. In other
words, citizens are those persons who have full political rights as distinguished from
nationals, who may not enjoy full political rights and are still domiciled in that country (vide
P. Weis-Nationality and Statelessness in International Law pp. 4-6; and Oppenheim’s
International Law, Vol. 1. pp. 642, 644).
NATIONALITY V. CITIZENSHIP
NATIONALITY CITIZENSHIP
Nationality is derived from the root word Citizen is derived from the root word
‘nationem’ which mean to “that which has ‘citisein’ which means “inhabitant of a
been born”. city”
It refers to belonging to a particular state It refers to a legal-political status conferred
by the state
It is considered to be a innate attribute i.e. It is dependent on the fulfilment of certain
where a person is born, etc. It is conditions and can be changed.
considered immutable.
It is enjoyed by both natural and artificial It is enjoyed and applicable only to
persons. natural persons.
There is no concept of dual/multiple There is a recognition of the concept of
nationality dual/ multiple citizenship
 DOMICILE V. RESIDENCE
◦ Domicile is relevant to an individual's "personal law"
◦ It includes the law that governs a person's status and their property.
◦ It is independent of a person's nationality.
◦ A domicile is an individual’s permanent and fixed home which they
dwell in, and will return to at some point
◦ Domicile, in law, a person’s dwelling place for the purposes of
judicial jurisdiction and governmental burdens and benefits
◦ Domicile follows the person where ever he goes
◦ Domicile à Intention + Permanent Residence (Animus + Factum)
◦ Domicile in India – Art. 5 of the Constitution – Citizenship at the
Commencement of the Constitution
◦ Domicile of Origin (By birth), Choice (Voluntary Physical Presence)
and Operation of Law (Marriage, Minor)
 DOMICILE V. RESIDENCE
◦ Citizenship Act 1955 – does not use the term ‘domicile’ -
“Ordinarily Resident in India”
◦ Single in Nature for the purposes of the citizenship – no state
domicile - no state citizenship in India – Public Employment
(Requirement as to Residence) Act, 1957
◦ Sometime used interchangeably with ‘residence’
◦ Domicile/Residence Certificate issued by the State
Government – Proof to show that the person is a resident of a
district or a state – no linkage to Citizenship law
◦ Domicile / Residence Certificate - Admission, Reservation and
Benefits in the State Government services, schemes and
institutions – eligibility & requirements varies from state to state
 DUAL CITIZENSHIP
◦ Every country decides whom it considers to be a citizen.

◦ If more than one country recognizes you as a citizen, you have dual citizenship.

◦ Dual citizens enjoy benefits including the ability to live and work freely, own
property in both countries, and travel between the countries with greater ease.

◦ Double Advantages – Political Rights (Voting, Contesting and Donation), Work and
Travel (Visa and Permit requirements), Property Ownership (Access to Citizens)

◦ Double Disadvantages – Dual Obligations of Both Countries – Dual Laws rules and
regulations – Conflict - Military service for nation in war with US – Leads to Loss of US
Citizenship – Double Taxation – Barriers to certain offices/employment

◦ Example: Canadians are allowed to take foreign citizenship while keeping their
Canadian citizenship. USA also allows dual citizenship
 MULTIPLE CITIZENSHIP
◦ Multiple Citizenship – When a person is citizen of more than one country

◦ History – Until 19th Century State decided who are citizens and refused to recognize other nationalities
held by them

◦ Earlier no right to renunciation without State’s permission – Perpetual Allegiance – made multiple
citizenship possible

◦ Non-recognition of second citizenship by state – conscription of multiple citizenship holders

◦ Convention on Certain Questions Relating to the Conflict of Nationality Laws 1930 – first
international attempt to ensure that all natural persons had a nationality – to resolve issues from
conflict of possible nationalities

◦ Preamble – The ideal towards which the efforts of humanity should be directed is the abolition of all
cases both of statelessness and double nationality

◦ Concept of Election on Majority – Requirement of Certain States – Bigamy and Dual Nationality
– Parallels Drawn – Initially Viewed as a Anomaly and Moral Abomination
 MULTIPLE CITIZENSHIP
◦ Citizenship is defined exclusively by national laws, which can
vary and conflict with each other

◦ Multiple citizenship arises because different countries use

different, and not necessarily mutually exclusive, criteria for
citizenship

◦ Approximately 89 countries in the world officially allow some

form of dual or multiple citizenship
 COMMONWEALTH CITIZENSHIP
◦ British Commonwealth of Nations –dropped the term ‘British’ in 1949
◦ Voluntary association of former colonies of Britain predominantly - 56
nations
◦ A Commonwealth citizen is a citizens of a Commonwealth of Nations
Member state
◦ Earlier Commonwealth Citizens had right to settle in UK until restriction
was imposed by Commonwealth Immigrants Act 1962
◦ British Nationality Act 1981 – British Subject no longer meant a
Commonwealth Citizen
◦ Commonwealth citizenship is acquired by virtue of being a citizen of
a Commonwealth member state or, in the United Kingdom, a country listed
in Schedule 3 of the British Nationality Act 1981.
◦ Acquisition and loss of Commonwealth citizenship is tied to the domestic
nationality regulations of each member state
 COMMONWEALTH CITIZENSHIP
◦ Sec. 11 of the Citizenship Act, 1955 – provides for special legal recognition of
commonwealth citizens

◦ Commonwealth Citizen – means a person specified in the First Schedule of the

Citizenship Act, 1955

◦ Sec. 12 of the Citizenship Act 1955 – enabled the Central Government through an
order in the official Gazette – reciprocity for the conferment of all or any of the
right of an Indian Citizen to Commonwealth Citizens

◦ GOI is empowered to treat them on par with Indian citizens

◦ Provisions relating to Commonwealth Citizenship – Repealed by the

Citizenship (Amendment) Act, 2003 – OCI alone exists
 NON RESIDENT INDIAN (NRI)
◦ A Non-resident Indian (NRI) is to be distinguished from a Person of Indian Origin
(PIO) and Overseas Citizenship of India (OCI)

◦ An NRI is a person who is an Indian citizen but ordinarily resides outside India
and holds an Indian Passport

◦ An NRI person enjoys full citizenship in India does not require a visa to travel to
India and

◦ An NRI does not require any registration with the foreigners office

◦ The Central Government has by means of notifications handed out various

privileges and benefits to NRIs
 PERSON OF INDIAN ORIGIN (PIO)
◦ A Person of Indian Origin (PIO) means a foreign citizen (except a
national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan,
Sri Lanka and Nepal)
a) who at any time held an Indian Passport Or
b) who or either of their parents/ grand parents/ great grand parents was
born and permanently resident in India as defined in Government of India
Act, 1935 and other territories that became part of India thereafter
provided neither was at any time a citizen of any of the aforesaid
countries; Or
c) Who is a spouse of a citizen of India or a PIO
 PERSON OF INDIAN ORIGIN (PIO)
◦ The PIO scheme was introduced in 2002

◦ A PIO in simple terms, is a foreigner who was previously an Indian national or whose
ancestors were Indian nationals

◦ The primary purpose of a PIO cardholders is to make it easier for foreign nationals of
Indian origin to enter India by granting them exemption from obtaining Indian visa

◦ There are certain restrictions, limitations on PIOs viz;

a. PIOs do not enjoy employment rights in Government of India services

b. They cannot hold any constitutional office in the Government of India.

c. They need prior permission for undertaking mountaineering, missionary activities,

research work and to visit restricted areas in India.
 PERSON OF INDIAN ORIGIN (PIO)
Benefits of a PIO card holders are as follows;

(i) They do not require a visa to visit India for a period of 15 years from the date of issue of the PIO card.

(ii) They are exempted from registration at FRRO/FRO if their stay does not exceeds 180 days. In case if
the stay exceeds 180 days, they shall have to register with Foreigners Regional Registration Office (FRRO)/
Foreigners Registration Office (FRO) within the next 30 days.

(iii) They enjoy parity with NRIs in economic, financial and educational benefits like:-

◦ Acquisition, holding, transfer and disposal of immovable properties in India, except agricultural/ plantation
properties

◦ Admission of children to educational institutions in India under general category quota for NRIs, including
medical and engineering college, IITs, IIMs etc

◦ Availing various housing schemes of LIC of India, State Government and Central Government agencies

◦ All future benefits that would be extended to NRIs would also be available to the PIO card holders.
 OVERSEAS CITIZEN OF INDIA
◦ Government of India decided to grant Overseas Citizenship of India (OCI) based on the
recommendation of the High Level committee on Indian Diaspora

◦ Covered by sec. 7A-7D of the Citizenship Act, 1955

◦ Sec 7A – Registration of OCI Cardholder

◦ Sec. 7B – Conferment of right on OCI Cardholder

◦ Sec. 7C – Renunciation of OCI Card

◦ Sec. 7D – Cancellation of registration of OCI Cardholder

◦ A person registered to OCI is eligible to apply for grant of Indian citizenship under section
5(1) (g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has
been residing in India for one year out of five years before making the application.
 OVERSEAS CITIZEN OF INDIA
As per Sec. 7A of the Citizenship Act, 1955 – A foreign citizen

(i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or

(ii) who was eligible to become a citizen of India on 26th January, 1950; or

(iii) who belonged to a territory that became part of India after 15th August, 1947; or

(iv) who is a child or a grandchild or a great grandchild of such a citizen; or

(v) who is a minor child of such persons mentioned above; or

(vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or

(vii) who is a spouse of an OCI Cardholder/ Indian Citizen

- is eligible for registration as OCI cardholder.

◦ Foreign citizens cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. – Requires any
other long duration visa

◦ The foreigner has to be ordinarily resident of India to be eligible to apply for OCI registration in India.

◦ Note: 'ordinarily resident' will mean a person staying in a particular country or in India for a continuous period of 6 months.
 OVERSEAS CITIZEN OF INDIA
Foreign Citizen
(Except certain countries)

1. Former Indian Citizen

(on/after 26th Jan. 1950) Spouse* of
2. Former Eligible Person (on
26th Jan. 1950)
Minor Child of OCI OCI/Indian Citizen
3. Belongs to territory /Indian Citizen (Marriage registration + 2
incorporated into India (after year waiting period)
15th Aug. 1947)

Territories incorporated into India after 15.08.1947

Dadra & Nagar Haveli – 11.08.1961 * Issued to One
Goa, Daman & Diu – 20.12.1961 Living Spouse
Puducherry – 16.08.1962 Only
Sikkim – 26.04.1975
 OVERSEAS CITIZEN OF INDIA
◦ Special Route to Indian Citizenship – A person registered as an OCI Cardholder is
eligible to apply for grant of Indian citizenship under section 5(1) (g) of The Citizenship
Act, 1955 if

a) he/she has attained full age (18 years) and

b) he/she is registered as OCI Cardholder for five years and

c) is ordinarily resident in India for twelve months before making an

application for registration.

◦ Further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs
(MOIA) under section 7B (1) of the Citizenship Act, 1955.

◦ EXCLUSION: If the applicant had ever been a citizen of Pakistan or Bangladesh, he/she
will not be eligible for OCI.
 OVERSEAS CITIZEN OF INDIA
Registered OCIs shall be entitled to following benefits:

(a) Multiple entry, multi-purpose life long visa to visit India;

Provided that for undertaking the following activities, the OCI Cardholder shall be required to
obtain a special permission or a Special Permit, as the case may be, from the competent authority or
the Foreigners Regional Registration Officer or the Indian Mission concerned, namely:-

(i) to undertake research;

(ii) to undertake any Missionary or Tabligh or Mountaineering or Journalistic activities

(iii) to undertake internship in any foreign Diplomatic Missions or foreign Government

organisations in India or to take up employment in any foreign Diplomatic Missions in India;

(iv) to visit any place which falls within the Protected or Restricted or prohibited areas as notified by
the Central Government or competent authority;

PROVISO INSERTED VIDE MHA NOTIFICATION S.O. 1050(E) – Dated 4th March 2021
 OVERSEAS CITIZEN OF INDIA
(2) Exemption from registration with the Foreigners
Regional Registration Officer or Foreigners Registration
Officer for any length of stay in India:
Provided that the OCI Cardholders who are normally resident in India shall
intimate the jurisdictional Foreigners Regional Registration Officer or
the Foreigners Registration Officer by email whenever there is a change in
permanent residential address and in their occupation;
PROVISO INSERTED VIDE MHA NOTIFICATION S.O. 1050(E) – Dated 4th
March 2021
 OVERSEAS CITIZEN OF INDIA
(3) Parity with Indian nationals in the matter of,

(i) tariffs in airfares in domestic sectors in India; and

(ii) entry fees to be charged for visiting national parks, wildlife

sanctuaries, the national monuments, historical sites and

museums in India;
 OVERSEAS CITIZEN OF INDIA
Parity with Non-Resident Indians in the matter of –
(i) inter-country adoption of Indian children subject to the compliance of the procedure as laid down by the
competent authority for such adoption activities;
(ii) appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance
Examination (Mains), Joint Entrance Examination (Advanced) or such other tests to make them eligible for
admission only against any Non-Resident Indian seat or any supernumerary seat:
Provided that the OCI Cardholder shall not be eligible for admission against any seat reserved exclusively for
Indian citizens;
(iii) Purchase or sale of immovable properties other than agricultural land or farm house or plantation property;
and
(iv) Pursuing the following professions in India as per the provisions contained in the applicable relevant
statutes or Acts as the case may be, viz.:-
a) doctors, dentists, nurses and pharmacists;
b) advocates;
c) architects;
d) chartered accountants;
 OVERSEAS CITIZEN OF INDIA
(5) In respect of all other economic, financial and educational fields not
specified in this notification or the rights and privileges not covered by the
notifications made by the Reserve Bank of India under The Foreign
Exchange Management Act, 1999 (42 of 1999), the OCI cardholder shall have
the same rights and privileges as a foreigner.

(6) Overseas Citizen of India (OCI) Cardholders are eligible for appointment
as teaching faculty in NTs, NITs, IIMs, SISERs, IISc, Central Universities
and in the new AIIMS set up under Pradhan Mantri Swasthya Suraksha
Yojana (PMSSY).
 OVERSEAS CITIZEN OF INDIA
◦ The OCI Cardholder (including a PIO Cardholder) is a foreign national holding
passport of a foreign country and is not a citizen of India.

◦ OCIs are entitled to a multipurpose, multiple entry, lifelong visa allowing them to visit
India at any time, for any length of time and for any purpose.

◦ They are exempted from police reporting for any length of stay in the country.

◦ They have also been granted all rights in the economic, financial and education fields
in parity with NRIs except, the right to acquisition of agricultural or plantation properties.

◦ Sec. 7B of Citizenship Act, 1955 – Persons registered as OCI have not been given any
voting rights, election to Lok Sabha/Rajya Sabha/Legislative Assembly/Council,
holding Constitutional posts such as President, Vice President, and Judge of
Supreme Court/High Court etc.
GRANT OF OVERSEAS CITIZEN OF INDIA -
RESTRICTIONS
◦ Foreign Military/ Police Personnel either serving or retired will not be registered
as OCI Cardholder – EXCEPTION – CONSCRIPTION

◦ Israeli citizens who are otherwise eligible for registration as OCI cardholder in terms
of the provisions of section 7A of the Citizenship Act, 1955 and do no more than that
of compulsory years of conscription can be granted OCI Card. (No term ceiling)

◦ Other foreign nationals of Indian origin, who have undergone only compulsory
years/ period of military/ police conscription in their country for a period not
more than 2 years and have not opted to join the military/ police force of the country
even for the shortest period of time beyond compulsory military/ police conscription
(2 YEAR TERM CEILING)
GRANT OF OVERSEAS CITIZEN OF INDIA -
RESTRICTIONS
◦ Same Rule for Spousal Basis OCI – Foreign Spouse should not have put in more
time than minimum conscription to be eligible for OCI Card

◦ No grant of OCI Card during conscription period

◦ Children and Spouse of Foreign Military / Police Personnel, Foreign Nationals

working in Private Security Agencies, Home Offices, Prisons, National Probation
Service and companies or organisations associated with the Home Office or
military institutions can be considered for OCI Card subject to fulfilment of
conditions

◦ A foreign national holding Diplomatic Passport will not be registered as OCI

Cardholder. However, foreign diplomatic and official passport holders not assigned
in India can travel on the strength of their OCI Cards
GRANT OF OVERSEAS CITIZEN OF INDIA -
RESTRICTIONS
◦ Indian Parent not alive – Children can apply for OCI Card

◦ Indian Spouse not alive – Foreign Spouse can still apply for OCI Card provided there is
no remarriage – Decision on case-to-case basis – subject to following conditions

a. Foreign Spouse has children from marriage with deceased Indian spouse
who are OCI/Indian Citizen

b. Individually/Jointly acquired property with Deceased Indian spouse

c. Any other such grounds

◦ OCI Scheme was kept in abeyance for a time frame after COVID-19 pandemic – in
public interest – w.e.f. 16th April 2020 – later restored in a phased manner - after air
bubble scheme came into place
 RENUNCIATION OF OVERSEAS
CITIZENSHIP OF INDIA (Sec. 7C)
(1) If any Overseas Citizen of India Cardholder of full age and capacity makes in prescribed
manner a declaration renouncing the Card registering him as an Overseas Citizen of India
Cardholder, the declaration shall be registered by the Central Government, and upon such
registration, that person shall cease to be an Overseas Citizen of India Cardholder.

(2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section
(1), the spouse of foreign origin of that person, who has obtained Overseas Citizen of India
Card under clause (d) of sub-section (1) of section 7A, and every minor child of that person
registered as an Overseas Citizen of India Cardholder shall thereupon cease to be an
Overseas Citizen of India Cardholder.
 TERMINATION OF OVERSEAS CITIZENSHIP OF
INDIA (Sec. 7D)
The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A, if it is satisfied that―

(a) the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false representation or the
concealment of any material fact; or
(b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or
(c) the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded or
communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his
knowledge carried on in such manner as to assist an enemy in that war; or
(d) the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been
sentenced to imprisonment for a term of not less than two years; or
(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for
time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or
(Inserted by CAA, 2019);
(e) it is necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of
India with any foreign country, or in the interests of the general public; or
(f) the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under clause (d) of sub-section (1) of
section 7A,―
(i) has been dissolved by a competent court of law or otherwise; or

(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person.
[Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a
reasonable opportunity of being heard.]
OVERSEAS CITIZEN OF INDIA
CARD
OCI CARDHOLDERS
MERGER OF PIO & OCI SCHEMES
◦ PIO introduced in 2002 and the OCI Scheme introduced in 2005

◦ The schemes ran concurrently and it resulted in counterproductivity and confusion

◦ Government decided to devise a single scheme by merging PIO and OCI

◦ Notification F. No.26011/01/2014-IC dated 09.01.2015 – Merger of PIO and OCI

Scheme – All PIO cardholders would be deemed to be OCI cardholders

◦ Letter No. 26011/06/2-15-OCI (Vol II) dated 26.12.2016 – PIO Scheme was
withdrawn and PIO cardholder were directed to make an application for
conversion/registration to OCI

◦ PIO holders can use their PIO card to travel to India until 31 December 2023.
Effective 1 January 2024, PIO holders' entry to India will be refused.
 PERSON INDIAN ORIGIN V. OVERSEAS
CITIZEN OF INDIA
PERSON OF INDIAN ORIGIN OVERSEAS CITIZEN OF INDIA

Validity of Card– 15 years for the date of issue Valid for lifetime

Registration at FFRO after 180 days within 30 No registration at FRO is required

days

Obtaining of Indian Citizenship regularly After 5 years of issue of OCI, one can apply
residence in India for a minimum of 7 years after residing in India for a minimum of one
year.

Prior permission required Permission not required

Citizenship u/sec. 5(1)(a) & (c) – Ordinary Citizenship u/sec. 5(1)(g) – Registration as
residence for 7 years before application OCI for 5 years + 12 ordinary residence in
India before application
 CORPORATE CITIZENSHIP
◦ Corporate entities, corporation and companies are no doubt
established with the objective of profit making
◦ Modern Context à Profit Making cannot be the “sole and only
objective of a corporate entity”
◦ Corporate citizenship refers to a company’s responsibilities
toward society.
◦ Corporate citizenship involves the social responsibility of
businesses and the extent to which they meet legal, ethical, and
economic responsibilities, as established by shareholders.
◦ Corporate Social Responsibility (CSR) – Important subset of
Corporate Citizenship
 CORPORATE CITIZENSHIP
◦ Scholarly Opinion on interlinkage is divided
◦ Swanson and Niehoff à CSR = Corporate Citizenship
◦ Wood à Corporate Citizenship is concerned with internal organisational values and
CSR on externalities associated with corporate behaviour
◦ Companies responsibly manage not only their financial performance but also their
environmental and social impact.
◦ Corporate citizenship, corporate social responsibility and now sustainability and the
'triple bottom line' address a common theme:
◦ The relationship between business and society
◦ How much money one makes? à How that money is made?
◦ Primary relationship between business and society is economic
◦ Growing public concern on the social and environmental effects of business activities
 NOTIONS OF CORPORATE
CITIZENSHIP
Economic Perspectives à Maximisation of Rent-seeking opportunities

Sociological Perspectives of Corporate Citizenship – Based on the following

premise

(1) that corporations should think beyond making money and pay attention to
social and environmental issues,

(2) that corporations should behave in an ethical manner and demonstrate the
highest level of integrity and transparency in all their operations, and

(3) that corporations should be involved with the community in which they operate in
terms of enhancing social welfare and providing community support through
philanthropy or other means
 CORPORATE CITIZENSHIP
◦ Indian Companies Act in 2013 made corporate contribution to the CSR fund
compulsory

◦ Section 135 of the Companies Act, 2013 – Requires every company, private limited
or public limited, which has a net worth of Rs. 500 crore or more, or a turnover of
Rs. 1,000 crore or more, or a net profit of Rs. 5 crore or more during any
financial year

◦ Objective: To spend a minimum of two per cent of the average net profits they
have made during the three immediately preceding financial years towards the
upliftment of society.
 THEORIES OF CITIZENSHIP
◦ Delanty – Citizenship deals about membership of a political community.

◦ He argues that it involves a relationship between rights, duties, participation and

identity; these are the core features of citizenship.

◦ What citizenship means is contested amongst academics

◦ Challenge the conception of what the relationships between individuals and

political communities should look like

◦ Through the established liberal theories of citizenship which confronts with

communitarian, multicultural and post-national, feminist critiques, etc.

◦ These theories choose to prioritise either one or more of these aforesaid elements.
THEORIES OF CITIZENSHIP

Rights Duties Civil

Participation Identity
Political Social

Delanty’s Conception T.H Marshall’s Conception

 THEORIES OF CITIZENSHIP
◦ Prof. Peter Taylor-Gooby (1991: 94) à Citizenship is both an empirical concept and a
normative concept

◦ It refers to a status which we might recognise as citizenship of a particular state or

community and the rights and obligations which this status confers

◦ It also contains arguments about how citizenship should be developed, expanded or changed
and, hence, normative arguments about what citizenship should be like.

◦ What citizenship actually is? v. What citizenship ought to be?

◦ This relationship has two aspects:

a. A theoretical one, which considers what the relationship should be like (Ideal)

b. An empirical one, which examines what the actual relationship is between political
communities and individuals and between individuals in such communities (Real)
 CIVIC REPUBLICAN THEORY
◦ The republican models find support in the works of Aristotle,
Tacitus, Cicero, Machiavelli, Harrington and Rousseau
◦ The key principle of the republican model is civic self-rule
through citizen participation
◦ It is embodied in classical institutions and practices like the
rotation of offices
◦ As per Aristotle, Citizens are, first and foremost, “those
who share in the holding of office”
◦ The underlying conception being Aristotle’s characterization
of the citizen as “one capable of ruling and being ruled in
turn”
 CIVIC REPUBLICAN THEORY
◦ Civic self-rule is also at the heart of Jean Jacques
Rousseau’s Contrat Social:
◦ It is their co-authoring of the laws via the general will
that makes citizens free and laws legitimate.
◦ Active participation in processes of deliberation and
decision-making ensures that individuals are citizens,
not subjects - Republicans prefer deliberative
democracy
◦ In essence, the republican model emphasizes the
second dimension of citizenship, that of political
agency.
 CIVIC REPUBLICAN THEORY
◦ Republicans à Citizenship should be seen as
common civic identity shaped by a common public
culture.
◦ Civic Identity should be stronger that religious,
ethnic identities, etc.
◦ Republicans criticize communitarians as they place
local identities above the civic goals
◦ Drawbacks à Scale and Complexity of Modern
Nation State renders citizen participation difficult
 LIBERAL THEORY
◦ The Liberal Model of Citizenship is traced to the Roman Empire and early-modern
reflections on Roman law

◦ The Empire’s expansion resulted in citizenship rights being extended to conquered

peoples, profoundly transforming the concept’s meaning.

◦ Citizenship meant being protected by the law rather than participating in its
formulation or execution.

◦ It became an “important but occasional identity, a legal status rather than a fact of
everyday life”

◦ The focus here is obviously the first dimension: citizenship is primarily understood as a
legal status rather than as a political office – Liberals prefer representative democracy
 LIBERAL THEORY
◦ It now “denotes membership in a community of shared or common law,
which may or may not be identical with a territorial community”

◦ The Roman experience shows that the legal dimension of citizenship is potentially
inclusive and indefinitely extensible.

◦ The liberal tradition, which developed from the 17th century onwards,
understands citizenship primarily as a legal status

◦ Political liberty is important as a means to protecting individual freedoms

from interference by other individuals or the authorities themselves.

◦ Citizens exercise these freedoms primarily in the world of private associations

and attachments, rather than in the political domain.
 LIBERAL THEORY
◦ Liberal Theory is premised on the notion that civil rights constitute the foundation of citizenship

◦ It revolves around the notion of individualism.

◦ Citizenship is a legal status, which confers certain rights on the individual protecting him from state
interference.

◦ T.H Marshall – Citizenship and Social Class (1950) – Division of Citizenship à Three Facets à Civil,
Political and Social Elements

◦ Civil Rights guarantee ‘equal moral worth’ – Formal Equality

◦ Social Right ensure ‘equal social worth’ – Substantive Equality

◦ Marshall argues that Civil and Political Rights meaningless without Social Rights à Free Speech without
Education

◦ Marshall à Reduction not elimination of inequality should be the objective of the state à Liberal Tradition

◦ John Rawls à Argued for redistribution of Goods and Services to benefit least advantaged groups

◦ Substantive Equality eludes liberal citizenship that focusses and guarantees formal legal equality
 COMMUNITARIAN THEORY
◦ Communitarians argue that an individual does not exist prior to the community

◦ Skinner à Individual liberty is maximized through public service and prioritization of

common good over pursuit of individual interests.

◦ Citizen is someone who plays an active role in shaping the future direction of
society through political debate and decision-making.

◦ Emerged as a reaction to Liberal Theorists

◦ They criticize the liberals for ignoring social nature of individuals by focusing too
much on the individual.

◦ Liberals have not given any importance to duties and responsibilities towards
community as their focus is on rights of an individual.
 COMMUNITARIAN THEORY
◦ Liberal Theory à Individual Rights v. Communitarian Theory à Group Rights

◦ Debates on Citizenship v. Multiculturalism

◦ Increasing trend of Multiculturalism challenges Individual Idea of Citizenship in the Liberal

Mould

◦ Cultural, Religious, Ethnic, Linguistic Factors à Determination of Citizenship

◦ Antithesis between Minority Rights and Equal Rights of Citizens

◦ Differential Rights v. Identical Rights à Viewed as contradiction between Communitarians and

Liberals

◦ Differential Treatment based on Group Affiliation is Illiberal.

◦ Concept of Reasonable Accommodation à Jews wear in Yarmulke à Military Dress à Goldman

v. Weinberger 475 US 503 (1986)
 MARXIST THEORY
◦ Marxist Theory à Rights associated with citizenship are a by-product of class
conflict.

◦ Existence of economically weaker sections is a challenge for ensuring equality before

law.
◦ These sections are not in a position to exercise their citizenship rights due to dominance
of economically powerful sections.
◦ Marxists believe that since the state will wither away after the revolution, the concept
of citizenship itself is temporary.

◦ As there are no political institutions in a communist state, there will be no need for
citizenship.

◦ In practice, there have been differences. Lenin abolished the terms 'state' and 'citizen' in
the Soviet constitution, but Stalin restored them in 1936. This constitution listed a
number of rights and duties for the individuals à Duties of the State and the People
 MARXIST THEORY
◦ Anthony Giddens à Development of Modern Democracy and Citizenship – 16th century – the
state’s administrative power increased to supervise the population and store data regarding them.

◦ Could not be done with force alone and required cooperation from citizens in the form of
cooperative social relations.

◦ The state generated more opportunities for subordinate groups to influence the state which Giddens
refers to as a `two-way' expansion of power.

◦ He has further argued that contemporary capitalism is different from 19th century capitalism as
it has been shaped by labour movements.

◦ This has brought welfare capitalism into focus which takes care of civil rights of workers.

◦ He has revised Marxist perspective on citizenship and concluded that citizenship rights can be
maintained within a liberal framework.
 PLURALIST THEORY
◦ Pluralist Theory à The development of citizenship as a multi-dimensional and
complex process

◦ It attributes the evolution of the concept of citizenship to a diverse set of factors.

◦ David Held à Citizenship means a reciprocal relationship between individual and

community

◦ According to this theory, individual is entitled to certain rights against the

community and he also owes certain duties to the community

◦ Essence of citizenship lies in the life of the community.

◦ Pluralist theory insists on inquiring into all types of discrimination against people,
whether on grounds of gender, race, religion, property, education, occupation or
age.
 PLURALIST THEORY
◦ Modern World has seen many social movements against
different types of social discrimination.

◦ Case in point à Feminist movement, Black Rights

movement, Religious Reform Movements, Workers’
Movement, Children's’ Rights Movements, Dalit movement,
Adivasi movement and Ecological movement, etc.

◦ Pluralist theory recommends that the problem of citizenship

should be analyzed in the context of all these movements.
 FEMINIST THEORY
◦ Feminists argue that women are second class citizens world over due to
dominance of men in civil, political, cultural, economic and social spheres of life.

◦ Evidence à General trend of lesser levels of female political participation and

representation compared to men globally

◦ Feminist Theory à Questioned and severely critiqued the distinction/division

between public (political participation) and private (domestic) spheres by
republican and liberal theorist

◦ Argue that it is a tool to perpetuate male dominance at the cost of women's

rights.

◦ Alternative Conception of Politics and Citizenship

 FEMINIST THEORY
◦ Feminist Critique of Classical Republican conception sees the public/political
sphere as the realm of liberty and equality

◦ Premise à Only Free Male citizens engage with their peers and deliberate over the
common good, deciding what is just or unjust, advantageous or harmful

◦ Political space must be protected from the private sphere

◦ Women, associated with the ‘natural world’ of reproduction, are denied citizenship
and relegated to the household.

◦ Criticize this division as Mythical à Unequal Conception of the Household à

Outcome of political decision in the public sphere
 FEMINIST THEORY
◦ Liberal Model à Gives Primacy to private sphere

◦ Feminist Critique à Liberal Model à Mould of Private Sphere and interlinkages with
Public Sphere

◦ Mary G. Dietz à Political Liberty as an instrumentality to secure the private sphere from
outside interference which allows the free pursuit of particular interests

◦ Women’s Sphere à Read as Male Property à Wives as naturally subordinated to their

husbands

◦ Pateman à Private and Public has prevented the women from accessing the public

◦ Susan Moller Okin à Public and Private and inextricably interconnected (Okin)

◦ Not mere recognition of women as individual or acknowledgement as citizens à Laws and

Policies structure personal circumstance à Laws on rape, abortion, childcare policies,
welfare benefits, etc.
 FEMINIST THEORY
◦ Abstractions of Classical and Liberal Citizenship à “Political Lion Skin” à
(Pateman referencing Karl Marx)

◦ Have to be shed for properly “situating” oneself in a world marred by gender,

class, language, race, ethnic and cultural differences, etc.

◦ Politics cannot and should not be insulated from private/social/economic life

◦ This does not to dissolve the political, but, rather, to revive it since anything is as
political as citizens choose to make it

◦ Citizens have to freely and equally choose whether and is to what extent the
“personal is political”
 FEMINIST THEORY
◦ Main slogan of Women's movement in 1970s was ‘The Personal is Political’.

◦ John Stuart Mill had famously said, "An egalitarian family is a much more fertile
ground for equal citizens than one organized like a school for despotism".

◦ Civic Feminism à To bring about equality between men and women, liberals believe
there should be constitutional reforms by which men will contribute to household
work.

◦ Socialist feminists want expansion in areas like free birth control, abortion,
health facilities for women and state recognition of domestic labour.

◦ Radical feminists want women's entry into public sphere for making them active
citizens.
 MULTICULTURAL THEORY
◦ Multicultural Theory à Developed by Will Kymlicka in his book Multicultural
Citizenship: A Liberal Theory of Minority Rights

◦ Citizenship à ‘the liberal ideal is a society of free and equal individuals’ à What
is the meaning of the term ‘society’ here?

◦ Society à Their ‘Nation’ à Freedom and Equality within their Nation

◦ Willingness to forgo a wider freedom to ensure the continued existence of their

nation

◦ Do not favour Open Borders as it opens up the chance of the country being
overrun by immigrants endangering their own survival as a national culture.

◦ To put it more bluntly, ‘most liberals are liberal nationalists’

 MULTICULTURAL THEORY
◦ Kymlicka’s distinctive contribution has been the liberal mainstreaming of minority rights.

◦ A crucial difference is the drastic narrowing of the minority groups entitled to special rights: only
ethnic and national minority groups qualify.

◦ This is due to a narrow definition of the conditioning factor of group rights, ‘societal culture’.

◦ Kymlicka defines societal culture as shared history, language, and territory, making it
synonymous with “a nation” or “a people”.

◦ It is an intergenerational community which is more or less institutionally complete, occupying a

given territory or homeland, sharing a distinct language and history.

◦ •But this definition excludes non-ethnic groups, such as gays and lesbians, the disabled, or
lifestyle groups, as multicultural claimants.
 MULTICULTURAL THEORY
◦ Attempts to develop a theory of minority rights starting from the position of liberal nationalism

◦ Recasting Rawlsian conception of ‘Justice as Fairness’ à Rawls did not consider cultural
disadvantage à Kymlicka’s conception of ‘Multiculturalism as fairness’.

◦ The distinction which lies at the core of Kymlicka's theory is the distinction between national
minorities and (immigrant) ethnic groups.

◦ Most discussions of ‘multiculturalism’ focus on immigrants and the problem of accommodating

their ethnic and racial differences

◦ It often neglects of indigenous peoples and other non-immigrant ‘national minorities’ whose
homelands have been ‘incorporated into the boundaries of the larger state, through conquest,
colonization, or federation’.

◦ Kymlicka proposes to take more seriously not only the claims of indigenous peoples but also
the treaty model of intergroup (particularly majority-minority) relations.
 MULTICULTURAL THEORY
Kymlicka has distinguished at the outset two broad patterns of cultural diversity;

i. National Minorities – Diversity arises from ‘the incorporation of previously self

governing, territorially concentrated cultures into a larger state’. Examples: ‘American
Indians’, Puerto Ricans, Chicanos and native Hawaiians in the United States; the Que Âbecois
and various Aboriginal communities in Canada; the Māori in New Zealand; and the Aborigines
of Australia.

ii. Ethnic Groups – Diversity arises out of individual and family migrations of people who
form `ethnic groups' in the larger society. Want recognition/accommodation of their culture but
do not want to become separate & self-governing nations.

Either way renders a country multi-cultural; either through multinationalism (belong to

different nations) or through poly-ethnicism (emigrated from different nations)

Classified into a). Multinational States or b). Poly-ethnic States or c). Both
 MULTICULTURAL THEORY
Kymlicka differentiates between two kinds of "multiculturalism" and classifies them into

(1) Multinational states à Sates in which a "national minority" lives. This minority is a distinct
national group, with a language, culture, territory, etc.

(2) Polyethnic states à States that experience immigration. These immigrant groups are
"ethnic groups," not "national groups," because they have culture and language, but no defined
territory or claim of ownership.

◦ Ethnic groups usually integrate into the larger society -- after all, they immigrated to it by
choice.

◦ National groups usually remain distinct--the state usually came to them (through
conquest or agreement).

◦ Many states are both multinational and polyethnic, like Canada, with the French (and
British) immigrant ethnic group and the Inuit national group.
 MULTICULTURAL THEORY
Will Kymlicka argues that these groups generally advance three types of claims for special

treatment.

(1) National groups frequently advance claims of self-determination or autonomy, perhaps in

a federal structure.

(2) Ethnic groups frequently want protection of their distinct culture and language, so that

integration into the dominant culture does not require abandonment of previous ways.

(3) Both groups may claim special representation in the central government (e.g. a reserved

number of seats or something) to protect their special status [in the case of national groups]

or to protect them from the majority given their small relative size
 MULTICULTURAL THEORY
◦ Will Kymlicka argues in favour of accommodation of multicultural groups based on group
affiliation. Exemption/Accommodation as required for inclusion rather than exclusion.
Example: Jewish Head Gear in Army

◦ This in spite of liberal opposition favouring identical treatment of individual citizenship based
on common citizenship claims

◦ When groups usually national minorities want self-rule or autonomy, the situation is more
complicated.

◦ Will Kymlicka à Prevent the formation of a common citizenship and patriotism, are
important for liberal democracy.

◦ But forcing national minorities to assimilate will be problematic and can easily lead to
violence.
 SOCIOLOGICAL THEORY
◦ T.H Marshall à Main Proponent of the Sociological Theory of
Citizenship
Civil •18th
◦ Argued that 20th Century Social welfare state in the Western Citizenship Century

world à Novel Form of Citizenship à Example of Social

Political •19th
Citizenship Citizenship Century

◦ Social Citizenship à Right to Material Resources and Social Social •20th

Citizenship Century

Services

◦ Supplemented and Complemented Civil and Political

Citizenship already prevalent in most of Europe and North
America
 SOCIOLOGICAL THEORY
◦ T.H Marshall à Citizenship and Social Class (1950) à Alfred Marshall Lectures in
Cambridge (1949) à Following the implementation of William Beveridge’s wartime
plans for Social Insurance

◦ Marshall à Citizenship in Britain was originally bestowed on members of high-

status social groups as a single package of civil, political, and social privileges.

◦ A new egalitarian and legally defined form of community membership began to

slowly take shape.

◦ This new kind of citizenship slowly pulled apart the package of privileges hitherto
enjoyed exclusively by the well born.
 SOCIOLOGICAL THEORY
◦ T.H Marshall à Citizenship and Social Class (1950) à Alfred Marshall Lectures in
Cambridge (1949) à Following the implementation of William Beveridge’s wartime plans for
Universal Social Insurance

◦ 18th century à Civil Citizenship à Saw the gradual acceptance of the idea of equal civil
rights, including the right to freedom of speech, the right to own property and to
conclude contracts, and the right to justice

◦ 19th century à Political Citizenship à Saw the expansion of the franchise and hence the
universalization of political rights, including the right to elect representatives
to Government

◦ 20th century à Social Citizenship à Saw the emergence of social Citizenship with right to
material resources and social service becoming an integral part of citizen’s rights à
Universal Access to education, housing, health, social insurance, etc. à No longer charity
neither was it at the cost of forfeiting civil/political rights
 SOCIOLOGICAL THEORY
◦ Critique: It merely offers a specific narrative of modern British history rather than a
general social theory and that it oversimplifies the complex evolution of the status of
citizenship in Britain.

◦ Support: Marshall noted a sharp tension between the slowly emerging legally
authorized equality of the modern state and the great class inequality of capitalist
societies

◦ The widening of the franchise and the creation of social rights are consequently
required to address this tension between civil equality and political and economic
inequality