Simone Lawson
The Indian Constitution provides for single citizenship for the whole of India. This means that all Indian citizens, regardless of their birthplace or domicile state, are solely citizens of the Indian Union. The concept of single citizenship was adopted from England and inspired by the British and Irish Constitutions. It was implemented to eradicate regionalism and foster a sense of unity and patriotism among Indians.
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What You'll Learn
The Indian Constitution and its dual polity
The Indian Constitution is the lengthiest written constitution in the world. It is a comprehensive, elaborate, and detailed document that reflects India's complex diversity and evolving socio-political landscape. The Constitution defines the organisational powers and limitations of both the central and state governments. It is based on a federal structure of government, following a dual polity system, consisting of a central authority and states at the periphery. This dual polity system is further divided into three tiers of government: the central, state, and local levels, with the latter two tiers representing the states of the Indian federation and the people of India, respectively.
The Indian Constitution provides for a single citizenship, inspired by the British Constitution and the Parliament of the United Kingdom. This means that all citizens of India, regardless of their birthplace or residence, hold equal political and civil rights across the country without discrimination. The concept of single citizenship promotes a sense of unity and brotherhood among Indians, fostering a common identity as citizens of the Indian Union.
The Citizenship Act, 1955, outlines the methods of acquiring Indian citizenship, including citizenship by birth, lineage, nationalisation, or registration. Naturalisation, the process of converting foreigners into Indian citizens, is also specified in the Act, requiring migrants to spend a minimum of twelve years in India before applying for citizenship. The Act has been amended several times, with the latest revision occurring in 2019.
The Indian Constitution is a dynamic document that remains central to debates on federalism, fundamental rights, and judicial roles. It is neither rigid nor flexible but a blend of both, allowing for adaptability to India's evolving needs. The Constitution does not uphold any particular religion as the official religion of the Indian State, instead embodying the positive concept of secularism by giving equal respect to all religions.
The Government of India is modelled after the Westminster system, with powers vested in the Prime Minister, Parliament, and the Supreme Court, respectively. The President of India is the head of state and commander-in-chief of the armed forces, while the elected Prime Minister leads the executive branch and runs the Union Government.
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The influence of the British Constitution
The Indian Constitution, which came into practice on 26 January 1950, borrows several features from the British Constitution. The concept of single citizenship in India is inspired by the British Constitution. Single citizenship in India means that all citizens enjoy equal civil and political rights across the country, regardless of the state they belong to. It also means that Indians do not represent any state and that their identity is solely that of citizens of the Indian Union.
The British Constitution follows the unitary nature of federalism, with the British Parliament wielding all the powers of the British government. The judiciary has no power to cancel or go against an act, and the parliament can change the constitution without interference from other authorities. The Rule of Law, which is a key principle of the British Constitution, states that no one is above the law and aims to promote equality and prosperity.
The Indian Constitution, influenced by the British Constitution, provides for a dual polity (centre and states) but maintains the provision of single citizenship. The concept of single citizenship in India was introduced to promote a sense of unity and patriotism among Indians and to eradicate regionalism from the social structure. It also prevents the problem of dual loyalties, which could create issues at a global level due to a lack of common interests.
The Indian Constitution was drafted by a committee led by Dr Babasaheb Ambedkar. It was enacted by the Indian Assembly and aimed to grant fundamental rights to the people. The British India Acts, such as the Indian Councils Act of 1861, the Act for the Good Governance of India, 1858, and the Indian Independence Act of 1947, influenced the Indian Constitution and the country's governance system. These acts played a role in laying the foundation for India's administrative and governance systems, with the Act of 1861 marking the start of the Cabinet system in India. Additionally, the Indian Councils Act, 1909, introduced an element of election to legislative councils and provided for the association of Indians with the executive councils of Viceroys and Governors. The Charter Act of 1793 and the Pitt's India Act of 1786 also influenced the Indian Constitution, with the latter inspiring the provision of the President being the Commander-in-Chief of the Indian armed forces.
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The Citizenship Act, 1955
The Act provides five ways to acquire citizenship: birth, descent, registration, naturalisation, and incorporation of territory. A person born in India between 26 January 1950 and 1 July 1987 is an Indian citizen regardless of their parents' nationality. However, for those born after 1 July 1987, at least one parent must be an Indian citizen at the time of birth. Additionally, individuals born after 3 December 2004 must have at least one Indian citizen parent, and neither parent can be an illegal migrant.
Naturalisation is another route to citizenship. It requires an individual to reside in India for at least 12 years, fulfilling specific criteria outlined in the Act. Foreigners can become Indians through this process, promoting inclusivity. The Act also addresses the scenario where a foreign territory becomes part of India. In such cases, the Government of India specifies who, among the people of that territory, will be granted Indian citizenship from a specified date.
It is important to note that the Citizenship Act, 1955, has been amended multiple times to adapt to changing circumstances and needs. The latest revision took place in 2019, demonstrating the dynamic nature of citizenship laws in India. The Act's flexibility ensures that it remains relevant and responsive to societal changes, reflecting the diverse and evolving nature of Indian society.
In conclusion, the Citizenship Act, 1955, is a comprehensive framework that governs Indian citizenship. It outlines the paths to acquiring citizenship and the conditions under which it can be lost. The Act embodies the principle of single citizenship, fostering a sense of unity and equality among all Indian citizens, regardless of their state or background.
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Acquisition and termination of citizenship
The Indian Constitution provides for a dual polity (centre and states) but offers only single citizenship to its natives. Inspired by the British Constitution, the concept of single citizenship in India aims to eradicate regionalism and foster a sense of unity and brotherhood among citizens. Regardless of their birthplace, Indians do not represent any state and only have one identity—citizens of the Indian Union.
Acquisition of Citizenship
Articles 5 to 11 of the Indian Constitution outline the prerequisites for the acquisition of Indian citizenship. The Citizenship Act of 1955, enacted by the Parliament of India, forms the core legislation for the acquisition of Indian citizenship. It has been amended several times to keep up with the evolving requirements of the time. The Act details the following ways of acquiring citizenship:
- Citizenship by Birth: Those born in India on or after January 26, 1950, but before July 1, 1987, are Indian citizens regardless of their parents' nationality. Those born after July 1, 1987, and before December 4, 2003, can acquire citizenship if either of their parents is an Indian citizen. For those born on or after December 4, 2004, one parent must be an Indian citizen, and the other must not be an illegal immigrant.
- Citizenship by Descent: Individuals with at least one parent or grandparent who was born in the territories of Goa, Daman, and Diu before December 20, 1961, are deemed Indian citizens under the Goa, Daman, and Diu (Citizenship) Order, 1962.
- Citizenship by Registration: Foreign nationals can be granted citizenship upon completing the residency and legal requirements mentioned in the Act.
- Citizenship by Naturalization: Foreigners can be granted citizenship once they have fulfilled the residency requirements (12 years, including 11 years in aggregate and 12 months preceding the application) and other legal requirements specified in the Citizenship Act.
- Citizenship by Incorporation of Territory: When a new territory becomes part of India, its residents automatically become Indian citizens.
Termination of Citizenship
The Indian Citizenship Act of 1955 and the Indian Constitution specify the conditions under which Indian citizenship can be lost or terminated. These include:
- Renunciation: An individual can voluntarily renounce their Indian citizenship. When a parent renounces their citizenship, their minor children also lose theirs but can reclaim it within a year of attaining the age of 18.
- Termination by Law: Indian citizenship is automatically terminated if an individual voluntarily acquires citizenship in another country.
- Deprivation by the Government: The government can deprive an individual of their Indian citizenship for reasons such as fraud or disloyalty to the Constitution, trading with an enemy during wartime, or other conditions specified in the Citizenship Act.
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Equal rights for all citizens
The Indian Constitution, inspired by the British parliamentary system and legal traditions, provides for a single citizenship for the whole of India. This means that every citizen of India is a citizen of the country and not of any particular state or region within India. This is in contrast to countries like the United States, which has a system of dual citizenship where citizens are both American and citizens of their respective state. Single citizenship in India promotes a sense of unity and brotherhood among the citizens of the country and ensures that all citizens enjoy equal civil and political rights across the country, regardless of the state they belong to.
The concept of single citizenship in India is also designed to eradicate regionalism from the very core of the Indian social structure. It prevents people from claiming the citizenship rights of their state and instead acknowledges them only as natives of their country. This helps to foster a growing sense of unity and patriotism among Indians, as they identify with the whole Indian map as their homeland rather than with individual states.
The Citizenship Act of 1955, which has been amended six times with the latest revision in 2019, provides the provisions and conditions for citizenship in India. It outlines the methods of inheriting Indian citizenship, including citizenship by birth, lineage, nationalization, or registration. Naturalization, for example, is the process that converts foreigners into Indian citizens. The Act also specifies that a migrant must spend a minimum of twelve years in India before applying for single citizenship.
It is important to note that the Indian Constitution provides for a dual polity (centre and states) but maintains a provision of single citizenship. This means that while there are different levels of government, every citizen of India is ultimately a citizen of the country and enjoys the same rights and privileges regardless of their state or region. This ensures that all citizens of India are treated equally and have the same opportunities, regardless of their place of birth or residence within the country.
In conclusion, single citizenship in the Indian Constitution ensures equal rights for all citizens by providing them with the same civil and political rights, regardless of their state or region. It promotes unity and brotherhood, fosters a sense of patriotism, and helps to eradicate regionalism. The Citizenship Act of 1955 outlines the methods of acquiring and losing citizenship, ensuring a clear and fair process for all individuals seeking to become a part of the Indian nation.
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Frequently asked questions
Single citizenship means that every citizen of India is a citizen of the country only and not of any particular state or region within India.
The concept of single citizenship in India was inspired by the British Constitution and the Parliament of the United Kingdom.
Single citizenship promotes a feeling of unity and brotherhood among the citizens of the country. It also ensures that all citizens enjoy equal civil and political rights across the country, regardless of their state.
Single citizenship helps eradicate regionalism by ensuring that citizens identify with the nation as a whole and not with any specific state or territory.
The Citizenship Act, 1955 outlines the ways in which Indian citizenship can be acquired, including citizenship by birth, lineage, naturalization, or registration.
