A citizen is a person who enjoys full membership of the community or State in which he lives or ordinarily lives. Citizens are different from aliens who do not enjoy all the rights, which go to make full membership of a State. For example in India while all the fundamental rights are available to citizens, aliens do not enjoy the following rights: -

1.      The right not to be discriminated against on grounds of religion, race, caste, sex or places of birth (Article 15).

2.      The right to equality of opportunity in the matter of public employment (Article 16).

3.      The right to six freedoms enumerated in Article 19, i.e., freedom of speech and expression; assembly, association; movement; residence and profession.

4.      Cultural and educational rights conferred by Article 29 and 30. Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, and Governor of a State, Judges of the Supreme Court or High Courts, Attorney-General etc. The right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a member of the Parliament and a State Legislature are reserved for citizens only.

Single citizenship

The Indian Constitution has established a single and uniform citizenship for the whole of India. It rejects the double citizenship characteristic of some federal States like the United States. The Indian Constitution does not recognize State citizenship. It provides for a common all India citizenship.

Citizenship and the Constitution

The Constitution does not lay down a permanent or comprehensive provision relating to citizenship in India.

• Part II of the Constitution simple describes classes of persons who would be deemed to be the citizens of India at the commencement of the Constitution, that is, 26th January 1950, and leaves the entire law of the citizenship to be regulated by law made by Parliament.
• Article 11 expressly confers power on Parliament to make laws to provide for such matters. In exercise of its power the Parliament has enacted the Indian Citizens Act, 1955.
• This Act provides for the acquisition and termination of citizenship subsequent to the commencement of the Constitution.

Citizenship at the commencement of the constitution

1.      Every person who has domicile in the territory of India and -

(a)     Who was born in the territory of India; or

(b)    Either of whose parents was born in the territory of India; or

(c)     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.

2.      Persons who migrated to India from Pakistan before 19th July 1948 and since then have been ordinarily residing in India.

3.      Persons who migrated to India from Pakistan on or after 19th July, 1948 but got themselves, duly registered an citizens with a competent officer appointed for that purpose.

4.      Persons who migrated to Pakistan after Ist March 1947 but returned to India under a permit for resettlement.

5.      Any person who or either or whose parents or any of whose grandparents was born in India.

However, no person will be deemed to be a citizen, if he voluntarily acquires the citizenship of a foreign State.

Citizenship under the citizenship act 1955 [6]

The Act provides for the acquisition of India citizenship after the commencement of the Constitution in five ways, i.e. birth, descent, registration, naturalization and incorporation of territory.

(a)     Citizenship by birth. Every person born in India on or after 26th January, 1950 shall be a citizen of India by birth provided either or both of his parents are citizens of India at the time of his birth. However, such a person shall not be a citizen of India, if at the time of his birth (i) his father is a foreign diplomat or (ii) his father is enemy alien.

(b)    Citizenship by descent, Broadly speaking, a person born outside India on or after 26th January, 1950, shall be a citizen of India by descent, if his father was a citizen of India at the time of that person’s birth.

(c)     Citizenship by registration. Aperson, who is not a citizen by virtue of the Constitution or the provisions of the citizenship Act and belongs to any of the following categories, can apply for registration as a citizen. However, he must have resided in India for at least five years immediately before making an application for registration as a citizen. These are:-

(i)      Persons of India origin who are ordinarily resident in India for six months immediately before making an application for registration;

(ii)     Persons of Indian origin who are ordinarily resident in any country or place outside India;

(iii)    Women who are married to citizens of India;

(iv)    Minor children of persons who are citizens of India; and

(v)     Persons of full age and capacity who are citizens of country mentioned in the first Schedule to the Act.

(vi)    Citizenship by naturalization. A foreigner, an application for naturalization to a competent authority appointed by the State, can acquire Indian citizenship provided he satisfies certain conditions like having normally resided for at least ten years in India immediately before making an application.

(vii)   Citizenship by incorporation of territory. If any new territory becomes a part of India, the Government of India shall notify the person of that territory to be a citizen of India.

Loss of Indian citizenship under the act

The Citizenship, Act 1955 also lays down the three modes by which an Indian citizen whether a citizen at the commencement of the Constitution or subsequent to it - may loss his citizenship. These are renunciation, termination and deprivation,

1.      Renunciation is a voluntary Act by which a person after acquiring the citizenship of another country gives up his Indian citizenship.

2.      Termination takes place by operation of law. When an Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.

3.      Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalization. The citizenship is deprived on the basis of an order of the Government of India, in cases involving acquisition of Indian citizenship obtained by fraud, false representation, and concealment of material fact or being disloyal to the Constitution etc.

People of Indian origin

The Indianparliament passed in December, 2003 a bill to grant dual citizenship to the people of Indian origin belonging to 16 specific countries. It seeks to amend citizenship act , 1955 for simplifying  the procedure to facilitate the reacquisition of Indian citizenship by persons of ful age who are children of Indian citizens and former Indian citizens.

Definition

In this scheme, unless the context otherwise requires

(a)     “Indian Mission” means the Embassy of India / High Commission of India / Indian Consulate in a foreign country.

(b)    “Person of Indian origin” means a foreign citizen not being a citizen of Pakistan, Bangladesh and other countries as may be specified by the Central Government from time to time if,

(i)      he/she at any time held an Indian passport; or

(ii)     he/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India as defined in the 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 [as referred to in 2(b) above]; or

(iii)    he/she is a spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above.

(c)     “PIO Card” means a card issued under this Scheme.

A PIO Card shall be valid for a period of twenty years subject to the validity of the passport of the applicant.

Facilities to Be Extended To A PIO Card Holder

(i)      A PIO Cardholder shall not require a visa to visit India.

(ii)     A PIO Cardholder will be exempted from the requirement of registration if his stay in India does not exceed 180 days.

(iii)    In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Registration Officer at District Headquarter.

(iv)    A PIO Card holder shall enjoy parity with NRIs in respect of all facilities available to the latter in the economic, financial and educational fields except in matters relating to the acquisition of agricultural / plantation properties. No parity shall be allowed in the sphere of political rights.

Rights Not Given to PIO Card Holder

(1) They are not eligible to become a member of either Lok Sabha or Rajya Sabha.

(2) They have not equal right of opportunity in matters of public employment.

Rights not available to foreigners

While the foreigners enjoy the above FR, however they're not entitled to enjoy the rights like
Article 15, Article 16, Article 19, Article 29 - Protection of language, script and culture of minorities
Article 30 - Right of minorities to establish and administer educational institutions Supreme Court has recently reaffirmed that the right to life and liberty (Article 21) is available to foreign nationals besides the citizens of India in response to an FIR filed by police against three Uganda nationals. SC observed:

“Article 21 of the Constitution [right to life and liberty] applies to all citizens, whether Indian or foreign nationals. Their right to liberty could not be restrained by the police due to a business dispute."

Acquisition and loss of citizenship in brief

Citizenship Act, 1955 gives following information regarding acquisition and loss of citizenship

Key terms

Citizen: An individual who has a permanent membership of a State or community by virtue of which special rights and privileges accrue to him or her.

Alien: The one who does not share and have a permanent membership of the State or community and thus, lesser rights and privileges as against a Citizen.

Single citizenship: As applicable in India such that all Indians are the Citizens of India irrespective of the State or territory they may belong to.

Indian Citizenship Act of 1955: Act made by the Indian Parliament to regulate all matters related to the Citizenship of India; most importantly, its acquisition and loss.

Descent: Also called as citizenship by blood or jus sanguine.

Minor: Minor is a person below 18 years, but where guardian is appointed for a minor, then such a person remains minor up to the age of 21 years.

Registration: A mode of acquisition of Indian citizenship under the Indian citizenship Act-1955 by registering oneself before the designated authority provided for the purpose after fulfilling the residential qualification of 5 years immediately preceding the date of the application for registration.

Naturalization: A process by which a foreigner acquires the status of a naturally born citizen.

Renunciation: Voluntary surrender of the Indian citizenship by someone who acquires the citizenship of some other foreign country.

Termination: Just opposite to renunciation, if some one does not voluntarily surrender the Indian citizenship while accepting the citizenship of a foreign country.

Deprivation: Depriving some one compulsorily of the Indian citizenship if he has acquired the same either by fraud, misrepresentation of facts or by indulging in acts or omissions derogatory to India.

PIO (People of Indian origin): An equivalent of overseas citizenship of India by which a kind of dual citizenship or nationality was extended to Non-resident Indians since 2003 by amending the Indian citizenship Act of 1955.

Indian Mission: Envoys to and from commonwealth countries are known as high commissioners while those posted to and from other countries are designated as Ambassadors and as such constitute the Indian mission in such a country or countries.

PIO card holder: People of Indian origin holding privileged cards under the Indian citizenship Act of 1955- as amended in 2003.