Citizenship is a legal relationship between an individual and a state to which he or she owes allegiance and is subjected to protection. Citizenship involves a state of liberty as well as obligations. By fulfilling the legal requirements of a national, state, or local government, one can become a citizen. Article 5 to 11 of the Indian Constitution deals with the concept of Indian citizenship. Understanding the meaning of citizenship is an integral part of the UPSC Indian Polity and Governance Syllabus.

Constitutional Provisions

Article 5 prescribes who all would be called citizens of India at the commencement of the Constitution.

Meaning Of Indian Citizenship

• The term "citizenship" describes a person's relationship with the government.
• Citizens and aliens are two types of people in India, as in every other modern state.
• Citizens are full members of the Indian state and are subject to the laws of the country. They are free to exercise their civil and political rights.
• Citizenship is also an exclusionary concept since it excludes non-citizens.

Principles for Granting Citizenship

• “Jus soli” and “jus sanguinis” in Latin mean the right of the soil and the law of the blood respectively. ‘jus soli’ grants citizenship with the place of birth as criteria, and ‘jus sanguinis’ recognizes blood ties as criteria.
• The Nehru Committee Report of 1928, was also in favour of the concept of jus soli for recognizing citizens.
• Jus sanguinis way of granting citizenship was rejected by the Constituent Assembly as it was against the Indian ethos.

Different Modes of Acquiring Citizenship

• By Birth
• By Descent
• By Registration
• By Naturalization
• Incorporation of foreign territory into India

Types of Citizenship

1. Single citizenship: Can have citizenship of only one country at a time like Indian citizenship.
2. Dual citizenship: Can have multiple citizenships among countries or states within a country like the USA and Switzerland.

Benefits Available For Citizens

• Only citizens can enjoy certain fundamental rights:
• Only citizens can vote in Elections.
• Only Citizens can contest Elections.
• Only citizens can hold any constitutional posts of the country, like The President, Vice-President, Governor, ministers, judges etc.
• Only citizens can get any benefits from the government schemes meant for citizens of India.

Conclusion

The meaning of citizenship which was expanded in the Citizenship Act 1955 is time and again amended based on the circumstances and one such is the Constitutional Amendment Act 2019 which has caused uproar across the country.

FAQs

MCQs

1. Which of the following is not a way of acquiring Indian citizenship?

A) By Birth
B) By Descent
C) By Marriage
D) By Registration

2. What does the Citizenship Amendment Act, 2019, provide for?

A) It grants citizenship to all refugees from neighboring countries
B) It allows Muslims from Afghanistan, Bangladesh, and Pakistan to gain Indian citizenship
C) It provides citizenship to non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan
D) It removes citizenship for those found guilty of corruption

3. What is the primary document required for proving Indian citizenship?

A) Aadhaar card
B) Passport
C) Birth certificate
D) Voter ID card

4. Which of the following rights is guaranteed to Indian citizens by the Constitution?

A) Right to education
B) Right to practice any religion
C) Right to employment in any country
D) Right to live in any country

5. What is the meaning of 'renunciation of citizenship'?

A) Voluntary giving up of citizenship while retaining other rights
B) Losing citizenship after acquiring a foreign nationality
C) Having citizenship of two countries
D) Gaining citizenship by marriage

GS Mains Questions and Model Answers

Q1: Discuss the importance of citizenship in a democratic country like India. How does Indian citizenship empower individuals and affect governance?

Answer: Citizenship in India is important as it establishes a legal relationship between the individual and the state. It ensures that individuals are entitled to certain rights, including political participation, civil rights, and access to resources provided by the government. Indian citizenship empowers individuals by granting the right to vote, participate in elections, and run for public office, thereby promoting democratic governance. It also ensures that individuals have access to education, healthcare, and social welfare programs. The role of citizenship in governance is pivotal, as it allows citizens to hold the government accountable through their rights and responsibilities.

Q2: Analyze the provisions of the Citizenship Amendment Act, 2019, in relation to the principles of secularism in India. What are the criticisms of the Act?

Answer: The Citizenship Amendment Act, 2019, provides citizenship to non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan, which has raised concerns about its compatibility with India’s secular Constitution. Critics argue that the Act discriminates against Muslims and violates the principle of secularism by providing preferential treatment based on religion. The Act has been criticized for undermining Article 14 of the Constitution, which guarantees equality before the law. However, supporters of the Act argue that it is meant to provide protection to religious minorities facing persecution in neighboring countries. The debate highlights the tension between religion and secularism in Indian politics.

Q3: How does the concept of citizenship in India differ from that in other countries? Discuss the legal framework governing citizenship in India.

Answer: In India, the concept of citizenship is rooted in the provisions of the Constitution and the Citizenship Act, 1955, which outlines various ways of acquiring and losing citizenship, including by birth, descent, naturalization, and registration. Unlike some countries, India does not allow dual citizenship and requires individuals to renounce their foreign nationality if they acquire Indian citizenship. The legal framework governing Indian citizenship provides a clear mechanism for both the acquisition and revocation of citizenship, ensuring that the rights of citizens are safeguarded under the law. In contrast, many countries, such as the United States, allow dual citizenship, which provides individuals with citizenship rights in two countries simultaneously.

Previous Year Questions on Citizenship and Indian Polity

1. UPSC CSE Prelims 2019:

Question: Which of the following is not a method of acquiring Indian citizenship?

A) By Birth
B) By Descent
C) By Registration
D) By Marriage

Answer: (D)

Explanation: Indian citizenship can be acquired by birth, descent, registration, or naturalization, but marriage to an Indian citizen does not automatically confer Indian citizenship.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "Discuss the legal and constitutional provisions related to Indian citizenship. How does the Citizenship Amendment Act, 2019, impact these provisions?"

Answer: Indian citizenship is governed by the provisions of the Constitution, particularly Articles 5 to 11, and the Citizenship Act, 1955. The legal framework provides mechanisms for acquiring and losing citizenship, including by birth, descent, naturalization, and registration. The Citizenship Amendment Act, 2019, has altered the provisions by offering citizenship to non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan, raising concerns about its secular nature. The Act has sparked debates about religious discrimination, challenging the principle of equality enshrined in the Constitution.

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