Citizenship

Relationship between an individual and a state to which the individual owes allegiance and in

turn is entitled to its protection. Citizenship implies the status of freedom with accompanying
responsibilities. Citizens have certain rights, duties, and responsibilities that are denied or only
partially extended to aliens and other noncitizens residing in a country. In general, full political
rights, including the right to vote and to hold public office, are predicated upon citizenship. The
usual responsibilities of citizenship are allegiance, taxation, and military service.

Definitions

The concept of citizenship is composed of three main elements or dimensions.

 The first is citizenship as legal status, defined by civil, political and social rights. Here,
the citizen is the legal person free to act according to the law and having the right to
claim the law’s protection. It need not mean that the citizen takes part in the law’s
formulation, nor does it require that rights be uniform between citizens.
 The second considers citizens specifically as political agents, actively participating in a
society’s political institutions.
 The third refers to citizenship as membership in a political community that furnishes a
distinct source of identity.

Relations between the three dimensions are complex: the rights a citizen enjoys will partly define
the range of available political activities while explaining how citizenship can be a source of
identity by strengthening her sense of self-respect. A strong civic identity can itself motivate
citizens to participate actively in their society’s political life. That distinct groups within a state
do not share the same sense of identity towards ‘their’ political community (or communities) can
be a reason to argue in favor of a differentiated allocation of rights.

1) Introduction
Nationality is the medium through which an Individual can enjoy the benefits from International
Law. A State exercises jurisdiction over its nationals, traveling or residing aboard, remain under
its personal supremacy. International Law permits the exercise of such jurisdiction and sets the
limits within which it can be exercised. The term Nationality signifies the legal tie between
Individuals and the States.
 2) Definitions of Nationality

Charles G. Fenwick - Nationality may be defined as a bond which unites a person to a given
State, which constitutes his membership in the particular State, which gives them a claim to the
protection of that state and which subjects him to the obligations created by the laws of that
State.

J.G Starke - Nationality may be defined as the legal status of membership of the collectivity of
individuals whose acts, decisions and policy are vouchsafed through the legal concept of the
State representing those individuals.

3) Nationality and Citizenship

Nationality and Citizenship are often considered to be synonymous with each other. But the term
nationality differs from citizenship. Nationality has reference to the jural relationship which may
arise from 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 the International law, whereas
citizenship is intimately connected with civil rights under the municipal law.  Hence all citizens
are nationals of a particular state, but al 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 enjoy full political rights and are still domiciled in that country.
 Modes of Acquiring Citizenship
There are seven modes of acquiring of Nationality are as follows:

1) By Birth
The first and the most important mode of acquiring nationality is by birth. Nationality is
conferred to a person by many States because of birth. All those persons take birth within
territorial limit of a State acquire the nationality of the State. This principle is called jus soli.
United States, U.K and many other States of Latin American follow the principle of jus soli.
Section 3 of the Indian Citizenship Act 1955 had provided nationality based on birth.

2) By Naturalization
The second mode of acquiring a Nationality is by naturalization. A person requires nationality at
birth. However, his nationality may later on change. When the nationality of a person changes
subsequently, and he acquires the nationality of some other State, the process of acquisition is
known as naturalization. A person may acquire nationality through naturalization in different
ways. There are six ways which are as follows -
i. Through marriage. Example wife assuming her husband's nationality.
ii. Legitimation
iii. Option
iv. Acquisition of domicile
v. Appointment as Government official
vi. Grant on the application of the state.

Adoption of the child by parents who are nationals of the other States also entitled the children to
acquire the nationality of his parents. Section 6 of Indian Citizenship Act 1955 provides that a
person make acquire citizenship by naturalization upon fulfillment of certain conditions.

3) By Resumption.

The third mode of acquiring Nationality is by resumption. Sometimes a person may lose his
nationality because of certain reasons. Subsequently, He may resume, recover his original
nationality after fulfilling certain conditions. Section 20 of the Citizenship rules 1956 provides a
procedure for restoration of nationality.

4) By Subjugation

The fourth mode of acquiring nationality is subjugation. Section 7 of the Indian Citizenship Act
1955 Lays down that if any territory becomes a part of India those persons from such territory
shall automatically become Citizen of India.

5) By Cession

The fifth mode of acquiring Nationality is Cession. When a part of the territory of a state is
ceded to another State. All Nationals of the former acquires the nationality of the latter State.

6) By Option

The Sixth mode of acquiring Nationality is by Option. When a state is proportioned into two or
more States, the nationals of the former state have an option to become the nationals of any of
the successor States. The same principle applies in the case of exchange of territory.

7) By Registration

A person may acquire the nationality of a State through Registration. The process of registration
may be different from one State to another depending upon the laws of that State. It takes place
when a person becomes the subject of a state to which he was before an alien.

Modes of Losing Citizenship

There are generally two categories of grounds for loss of citizenship. "Involuntary loss" may
occur due to either automatic lapse of citizenship from the citizen for failure to take some action
to retain citizenship, or active withdrawal of citizenship by the country. In contrast, "voluntary
loss", often called "relinquishment" or "renunciation", is initiated by the citizen. It is not always
easy to make a clean distinction between the two categories: loss of citizenship due to an initial
cause undertaken voluntarily (for example, voluntarily serving in a foreign military or
voluntarily naturalizing as a citizen of a foreign country) could be seen either as "voluntary loss"
or "involuntary loss".
A. RELEASE

States like Germany has given the right to inhabitants to ask for releasing them from its
nationality. In such case, the national released will be no long nationality holder of that state.

B. DEPRIVATION

A national may be deprived from the nationality of state in lieu of some crime he committed or
other reasons as for punishment. For instance, a Russian may lose his nationality in case of his
entry into foreign military service without permission.

C. RESIDING ABROAD FOR LONG

A German may lose his nationality if he stays abroad for ten years subject to not having
undertaken the required legal steps.

D. NATURALIZATION ABROAD

Some states like UK may extinguish nationality of a person who has naturalized abroad.

E. RENUNCIATION

A person may renounce his nationality of a state. This usually happens when a person has
acquired dual nationality and has been asked to renounce one.

F. SUBSTITUTION

Here, a person loses his nationality in order to attain the nationality of another state which he
wishes to attain.
 Qualities of a Good Citizen

A good citizen should possess three qualities, viz., intelligence, self-control and conscience. By
conscience we mean a sense of responsibility towards all social groups ranging from family to
humanity by a right ordering of loyalties. Wide ranging commonsense, knowledge and devotion
are the basic qualities of a citizen. A citizen should have enough commonsense so that he may be
able to understand important problems concerning his role in society. He should have sufficient
knowledge and should have that devotion towards duty which urges a man to work honestly and
sincerely.

A typical good citizen possesses the following qualities:

1. Sound Health:
A good citizen is robust and healthy. He is careful about the rules of health and observes them
scrupulously. Only a sound body has a sound mind.

2. Intelligence and Education:

A good citizen is intelligent enough to shift good from bad and takes a dispassionate view of
everything. He is educated. His education enables him to play his part in the society more
successfully and usefully.

3. Self-control and Self-confidence:

A good citizen is sober in temperament and exercises self-control in his public dealings. He pos-
sesses a disciplined character. He does not indulge in vicious habits. He is self-confident without
being vain.

4. Public Spirit:
A good citizen is ready to take a living interest in all public affairs. He is prepared to fight for the
rights of others and takes an active part in all public activities.

5. Self-sacrifice:
A good citizen subordinates his self-interest to the interest of the community. He is imbued with
the spirit of service and devotion to the common good.
6. Honest exercise of Franchise:
A good citizen is supposed to be honest in the exercise of his vote. Self-interest or sectional
interest of the state, class, religion or community does not prejudice his judgment.

7. Sincere performance of Duties:

A good citizen performs his duties sincerely and faithfully. He co-operates with the state officials
in the discharge of their duties and makes do payment of taxes.

8. Right ordering of Loyalties:

Good citizenship exists in the right ordering of loyalties. A citizen is the member of various
social groups, i.e., family, locality, city, state and the world.

A citizen must sacrifice his narrower interest for the sake of wider interests. If there is a conflict
between the interests of the family and the locality, one must sacrifice the interests of the family
for the sake of the locality because the latter represents larger interests.
 Rights and Duties of a Good Citizen
According to Aristotle: Citizen is he who has a power to take part in the deliberative or judicial
administration of any state in said by us to be a citizen of that state.
Based on the description, we can identify following factors of a citizen: A citizen is.
i. The member of the state.
ii. The social & political rights.
iii. Sentiment of devotion to the state.

Rights are those conditions of social life without which no man can seek to be himself at his best.
In another way we can say that rights are what we may expect from others and others from us,
and all genuine rights are the conditions of social welfare. Thus, the rights anyone may clime are
partly whose which are essential for every man in order to be a rational human person, and partly
whose which are necessary for the fulfillment of the function that society aspect from him. They
are conditioned by and correlative to his social responsibilities.

Types of Rights:
There are three types of primary rights.
 Natural rights
 Moral rights
 Legal rights.
Legal rights can be defining in three categories.
 Fundamental rights
 Political rights
 Social or civil rights.
Natural Rights
By natural rights we mean those rights which were enjoyed by the people even before the origin
of the state. These rights were enjoyed by the people in the state of nature. Such as,
1. Rights of life: From the ancient age people are living as a social being. The origin of
state was not invaded then. Keep his life it is the number one right of all. Not only human
being but also all the livings have this right. We should ensure this right to all.
 2. Rights to property: One can have property & he has this right to secure his property.
Ensure the security of one’s property is one of the major duties of the state.
3. Rights to freedom: These rights people enjoyed before the origin of state, for this these
are the natural rights.
Moral Rights:
These rights depend on the ethical feelings of man and they are not guaranteed by any legal
authority. Such as,
1. Parents have the rights that they should be assist by the children in their old age.
2. Obey to elders and affection to younger: Older have right to find salute from the younger.
As the same way younger have right to find affection / love from the older.
3. Obey to teachers: Teachers have these moral rights that, his students will salute him and
obey to him.
4. Do not smock at the teachers, etc. are moral rights of people from any citizens.
Legal rights:
The rights which are granted to man by law and are protected by law are known as legal rights.
For example, in every country every individual is enjoyed the rights of life and property. And if a
strong person attempts to usurp these rights using force, he is liable to be tried by legal authority.
These days’ women also have the legal rights to inherence her property. In a certain situation
they have legal rights to divorce.
Fundamental Rights:
Fundamental rights are those rights which are essential to live well. Such as,
a. Rights to Equality: All people have right to be treated equally. Man, woman, race or
color, religion and political identity are not factor. Government should ensure equality of
citizens in government service.
b. Rights to Liberty: One has rights to enjoy his life without disturbing others.
c. Freedom of religion: One can be followers of any religion. Doing religious activities of
any religion without any disrobe is his fundamental right.
d. Rights to Education: Everyone has right to be educated. Government should ensure
proper education for all. Poor / wealthy should not classify in the field of education.
Government should bear all liabilities of a student. So that he can study well and earn
adequate knowledge.
 e. Rights to Taking Food: All living being having to take food to live. Taking food is the
most important right of human being. State should ensure every peoples food.
f. Rights to Wearing Cloths: As a social being all person must wear cloths. So, it is his
fundamental right.
g. Rights to Make House: As a family-oriented animal all people have right to make house
& live with his family.
h. Rights to Founding Justice: As a citizen all people have right to ensure his right. If
anyone disturbed him or does not fulfill his right then he has right to go to court and
government should ensure independent judicial activities, etc. are the fundamental rights
of citizens.
Political Rights:
Political rights are those rights which enable the individual in the capacity of a citizen in the
political life and affairs of the country. Such as,
i. Rights to Vote: Everyone has right to elect his leader or representative. Giving vote
without any noise is all people’s political right.
ii. Rights to Contest Elections: All people have this right to be a member of parliament. To
be a people representative is his political right.
iii. Rights to Public Office: All citizens have right to find a government service without any
classification. All people have rights to hold any government post.
iv. Rights to Petition: All people have equal rights in the eyes of law. When he thinks that
his rights are not ensured then he has rights to petition to Judge.
v. Rights to criticize the Government: All citizens have right to welcome government
good activities and to criticize government bad activities.
Social / Civil Rights:
Social rights are ensuring to the people for the progress of mankind and the welfare of society.
These rights include.
i. Rights to life & security: All citizens have to life and living in secure environment.
Government should ensure peoples security at any cost.
ii. Rights to family: As a social being all people have right to live with his family.
iii. Right to property: One can hold property. It is his right; state should ensure his and his
property’s security in any way at anyhow.
 iv. Right to work: All people have right to work and live. So, government should arrange his
work.
v. Right to contract: One can interact to any people, no one must make barriers. But his
contract should be social.
vi. Right to speech: One can speak his idea, knowledge, opinion freely.
vii. Right to religion: One can follow any religion; government should ensure security to all
religious people.
viii. Right to liberty & free movement: One can enjoy anything without harming others. One
can do anything freely, but it should not be harmful for the society or any people.
ix. Right to association: One can organize an association to achieve his better facilities. One
can have a political party or such like this, no political party should avoid him.
x. Right to equality: One have rights to find equal rights in every field of life as his
qualification / quality.
xi. Right to education, etc. is the social / civil rights.
Duties of citizens:
Since individuals constitute society, they form the units of society. As a member of society of a
state a man must behave in way which is good for all and which is helpful in promoting the
welfare of society. Society calls upon the individuals to follow certain norms. These are
obligations or duties. A duty is an obligation. As a member of state, the intervals must concern
these sides of the same coins.
Moral duties: Moral duties are those obligations which we should observe but we are not legally
bound to observe them. It is our moral duty that:
a. We should serve our parents. g. Helping the poor.
b. We should serve our teachers. h. Look after his family.
c. We should serve our brothers. i. Earn money in fare means.
d. We should serve our sisters. j. We should serve our village.
e. We should serve our relatives. k. We should serve our state.
f. We should serve our neighbors. l. We should serve our world.
Legal Duties: Legal duties are these duties which are must have to perform by anyone. One is
bound to perform legal duties; otherwise, he must face judicial activities. These are:
i. Obey to constitutions of the state.
ii. Obey to command of law.
iii. Pay the taxes honestly & regularly.
iv. To remain loyal to our country.
v. Try best to defend the country.
Fundamental Duties:
Fundamental duties of citizens are written in constitution of a country. Such as,
i. To abide by the constitution and respect its deals and institutions, the national flag and
national anthem.
ii. To cherish and follow the noble ideals which inspired our national struggle for freedom.
iii. To uphold and protect the sovereignty, unity and integrity of the country.
iv. To defend the country and render national service when called upon to do.
v. To promote harmony and the spirit of common brotherhood amongst all people of the
country transcending religious, linguistic, regional diversity & dignity of women.
vi. To value and preserve the rich heritage of the composite culture.
vii. To protect and improve the national environment including forest, lake, rivers, wild
animals and compressors living creatures.
viii. To develop the scientific temper, humanism and spirit of inquiry reform.
ix. To safeguard public property and to abjure violence.
x. Follow all parts of constitutions.