Online Course on Constitution of

India
Citizenship in India
 Why Citizenship is Important
• Citizenship is Legal Membership of Nation
States
• Context Outsiders: Alien, enemy, migrant,
illegal migrant, refugee etc.
• Citizenship is Promise of Equality and
integration within a political community
 How Political Community comes into Being?

• When People agree to live together within a

framework of mutually agreed Rules,
consenting to a Sovereign Political Authority.
• Constitution reflects the Mutually Agreed
Rules- It is a sacred covenant & a Social
Contract.
• Political Authority means Power to Enforce
these Rules.
What is the Legal Implications of Citizenship?

• Citizenship is seen in terms of Legal/formal

Status of Individuals.
• It means having Nationality i.e. Membership
of Nation State
• Nation State is Largely a 20th century concept.
• Citizenship is bundle of Rights: Article 19,
Right to Vote, Right to Hold Positions
• Citizenship also imposes Duties- Article 51A
What is the Legal Implications of Citizenship?

• Idea of Citizenship Goes Beyond mere

Formal/Legal Membership in terms of Belonging.
• Substantive Equality: Non Discrimination- Article
15.
• State cannot discriminate on certain prohibited
grounds against any citizen.
• Substantive Equality Requires Special Treatment:
Women
 Two Principles of Citizenship
• Jus Solis: Broader Concept-Right to Citizenship
associated with Soil or Place of Birth

• Jus Sanguinis: Narrower Concept-Citizenship

emerging from Blood Ties
Who is an Indian Citizen as per Constitution?

• Term Citizen not Defined

• B. R. Ambedkar: No other subject has given this
much headache to the Drafting Committee as
Citizenship.
• Several Drafts were prepared and destroyed.
• Part II of Constitution: Articles 5 to 11 deal with
Citizenship.
• These Articles came into force on November
26,1949 itself.
 Who is an Citizen?
• Article 5: Citizenship on January 26,1950
• Every Person who has his domicile(residence) in the
territory of India and
• Who was born in India or
• Either of whose Parents was born in the territory of
India or
• Who has been ordinarily resident in the territory of India
for not less than five years immediately preceding such
commencement
• shall be a citizen of India
 Article 6:Citizenship of Those who have
migrated to India from Pakistan
• Partition: Flawed Two Nation Theory
• Article 6: A person who migrated to India from
Pakistan shall be deemed to be a citizen of India if and
• A. He or either of his parents or any of his grand-
parents was born in India as defined by the
Government of India Act,1935.
• B. If such person has so migrated before the 19th
July,1948 and has been the ordinarily resident of India
 Article 6:Citizenship of Those who have
migrated to India from Pakistan
• If so migrated on or after 19th July,1948, he
has been Registered by as a Citizen of India by
a special officer before 26th January,1950.
• But no person is to be registered unless he has
been resident in the territory of India for at
least six months immediately preceding the
date of application.
Article 7: Citizenship of Migrants to Pakistan.

• Notwithstanding anything in Articles 5 and 6

• A person who has after 1st March,1947 migrated from
India to Pakistan shall not be deemed to be Indian Citizen.
• Provided this article shall not apply to a person who after
having so migrated to Pakistan has returned to India
under a permit of Resettlement or Permanent Return
shall be deemed to have migrated after 19th July,1948.
• Thus can get Citizenship only by Registration even if
returned before19th July,1948.
Article 8: citizenship of People Living outside
India
• Any person who or either of whose parents or
any of whose grand parents was born in India as
defined in 1935 Act and
• Who is ordinarily residing in any country
outside India shall be deemed to be a citizen of
India if
• He has registered by the diplomatic or consular
representative of India in the country of his
residence.
 Article 9:Loss of Citizenship
• If he voluntarily acquired citizenship of
Foreign country.
Article 11:Parliament to Regulate Citizenship

• Article 11: Parliament given full authority to regulate

citizenship with respect to acquisition and termination
of citizenship and all matters relating to citizenship.
• Citizenship Central Subject: Entry No 17 of Union List.
• Citizenship Act,1955
• Amendments in 1986,1992,2003,2005,2015 and 2019
• States Have No Role: Assembly Resolutions Against
CAA
 Section 3, Citizenship Act,1955
• Citizenship by Birth
• For every person born in India after the 26th
January,1950 and before July 1,1987.
• After July 1,1987 before the commencement of
Citizenship Amendment Act,2003, either of
whose parents was citizen of India at the time of
his birth.
• CAA,2003 received Presidential assent on 7th
January,2004 and is called CAA,2004( 6 of 2004)
 What Did we Learn today?
• Citizenship: State centric concept
• Citizenship: Bundle of Rights
• Jus Soli & Jus Sanguinis
• Who is an Indian Citizen?

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