Citizenship

From Justice Definitions Project

What is Citizenship?

Citizenship is a legal status accorded to an individual by a country that such individual is a part of that country’s community. Thus, such an individual is a “citizen” of that country or in simpler terms, a member of the citizenship awarding country. By virtue of citizenship, citizens are entitled to certain rights and privileges that they can enjoy and are also conferred with duties and responsibilities that are to be abided by.

Citizenship excludes non - citizens from citizens. It emphasises that citizens enjoy a wide range of political rights like right to vote, holding public offices, etc. when compared to aliens or non - citizens. There is a general confusion with respect to the distinction between nationality and citizenship. Citizenship is predominantly accorded by birth but can also be acquired by naturalisation or by meeting the residency standards by the non -citizens. Whereas, nationality is accorded only by birth by the fact of birth in a particular country.

Official Definition of Citizenship

According to Black’s Dictionary, “Citizenship[1]” is defined as the status of being a citizen and is the quality of a person’s conduct as a member of a community. A much better understanding can be gained by looking into the definition of “citizen[2]” given by Black, which states that, a citizen is someone who, by either birth or naturalisation, is a member of a political community, awing lenience to the community and being entitled to enjoy all civil rights and protections; a member of the civl state, entitled to all its privileges.

Other kinds of legal status(es) are:

Alien[3] - Someone who resides within the borders of a country but is not a citizen or subject of that country; a person not owing allegiance to a particular country. In India, aliens have neither the right to vote nor the right to hold public offices.

Asylee[4] - Also known as asylum-seeker is a refugee applying for asylum[5], that is, for shelter or protection from arrest by a foreign jurisdiction which can be a country or embassy.

De facto[6] - Derived from Latin, it verbatim means “in point of fact”; actual; existing in fact; having effect even though not formally or legally recognized with respect to a de facto contract; illegitimate but in effect with respect to a de facto government.

De jure[7] - Derived from Latin, it verbatim means “as a matter of law”; existing by right or according to law.

Displaced person[8] - Someone who remains within an internationally recognized state border after being forced to flee a home or place of habitual residence because of armed conflict, internal strife, the government’s systematic violations of human rights, or a natural or man-made disaster. It is also termed as internally displaced person.

Illegal alien[9] - A alien who enters a country at the wrong time or place, eludes an examination by officials, obtains entry by fraud, or enters into a sham marriage to evade immigration laws. Although the term was originally a clinical legalism, today it is often viewed as a snarl-phrase. Many writers therefore prefer undocumented immigrant, which others object to as a euphemism. The nomenclature has become a political battleground. Also termed undocumented alien; illegal immigrant; unauthorized alien; undocumented immigrant; unlawful noncitizen.

Immigrant[10] - Someone who enters a country to settle there permanently. An immigrant who has not yet been naturalized is called an alien immigrant.[11]

Refugee[12] - Someone who flees or is expelled from a place, especially because of political or religious persecution of a war, and seeks haven elsewhere; specifically, one who flees to a foreign country to escape real or perceived danger.

Stateless person[13] - A natural person who is not considered a national by any country.

Transient person[14] - Someone who has no legal residence within a jurisdiction for the purpose of a state venue statute.

Types of Citizenship

Single Citizenship[15] - A person is recognised as a citizen of only one country, even if they reside or have origins elsewhere. This concept is often tied to the idea of national unity and a singular legal allegiance. By virtue of single citizenship, the rights and duties of citizens are uniform throughout the country. Countries practicing single citizenship do not recognise dual nationality and emphasise on national sovereignty. Countries like India, China and Indonesia practice single citizenship and do not recognise dual or multiple citizenship.

Dual Citizenship[16] - All countries provide citizenship to enable the global community to recognise their citizens. But there are other countries like the UK, the US providing dual citizenship, that is, allows an individual to possess citizenship of two countries simultaneously. India has stopped allowing dual citizenship with any country absolutely from 2005[17]. The Constitution of India governs the subject of citizenship under the Articles 5 to 11 and also an exclusive special law called the Citizenship Act of 1955 deals with the whole process with respect to citizenship.

Multiple Citizenship[18] - Allows a person to be recognised as a citizen of two or more countries simultaneously as a result of birth, descent, marriage or naturalisation. It allows a person to hold passports from more than one country. The major issue with multiple citizenship is the possibility of potential legal conflicts that may arise with respect to jurisdiction and duties conferred by the different countries. Also rights and obligations of persons with multiple citizenship like taxation and military service may vary with respect to the corresponding countries in which the person has acquired citizenships from.

Constitutional Provisions for Acquiring Citizenship in India

India provides five principal means of acquiring citizenship, and each has its own regulations and procedures.

The most frequent way is through birth. As per the Citizenship Act of 1955, if you were born in India during the period between January 26, 1950, and July 1, 1987, you are a citizen of India by birth irrespective of your parents' nationality[19]. Secondly, if one of your parents was a citizen of India at the time of your birth, you are a citizen of India by birth[20].

To apply for Indian citizenship, an individual should have been continuously resident in India for seven years or more[21]. You may also be eligible if you were resident in undivided India and married a citizen of India. Indian citizen children, persons with one Indian parent, and overseas citizens of India who have been registered may also apply for Indian citizenship[22].

Citizenship by descent[23] is another option. Individual's Indian citizenship is based on the date of their birth (jus soli) and the citizenship status of their parents (jus sanguinis). If an individual were born outside India between January 26, 1950, and December 10, 1992, and your father was an Indian citizen at the time of your birth, you are an Indian citizen[24]. Other provisions apply to those born outside India after December 10, 1992.

Naturalisation[25] allows individuals who are not born in India to become citizens. The naturalisation of foreigners is outlined in the Citizenship Act of 1955. You have to have stayed in India for 12 consecutive years prior to application. Additionally, you should have stayed in India for a period of 14 years during the 20 years prior to application[26].

Corporate Citizenship[27] - Though corporate citizenship may not be used in the constitutional prerogative of citizenship of an individual, this type of citizenship was created to vest corporate bodies like companies with responsibilities towards the society. It is also known as corporate social responsibility (CSR). The major goal of corporate citizenship is to build ethical and moral businesses that foster holistic development with respect to environmental, social and governance (ESG) principles. In the Indian legal framework, CSR is governed by Section 135 and Schedule VII of the Companies Act, 2013.

Constitutional Rights and Privileges conferred upon citizens of India

Some rights are only possessed by the citizens of India and not aliens. Few of such rights are listed below:

i) Some Fundamental Rights are granted to citizens alone like Article 14,15,16 & 19 of the Constitution of India.

ii) Only citizens are granted the right of suffrage for election to the House of People and the Legislative Assembly of every State (Article 326) and of the Legislature of a State ( Article 191(d) ) and the right to become a member of the Parliament (Article 84).

iii) Certain positions, such as those of President (Article 58(1)(a)), Vice President (Article 66(3)(a)), Supreme Court or High Court Judge (Article 124(3)), Attorney General (Article 76(2)), Governor of State (Article 157), and Advocate-General (Article 165), are only open to citizens.

Loss of Indian Citizenship

The Citizenship Act, 1955 lays down the rules when Indian citizenship may be lost irrespective of whether citizenship was acquired under The Citizenship Act,1955 or prior to it. There are three ways for it:

  1. Renunciation[28]: Voluntary act by which a person holding the citizenship of India along with citizenship of another country may abjure one of them.
  2. Termination[29]: As soon as a citizen of India voluntarily acquires citizenship of another country.
  3. Deprivation[30]: It is considered to be a compulsory termination of the citizenship of India, by an order of the Government of India, if it is satisfied as to the happening of certain contingencies.

International Perspective with respect to Citizenship

Although dual citizenship provides a lot of advantages to the individuals who possess them, there are considerable disadvantages to the governance and administration of a country.

Possession of dual citizenship hampers the traditional notion behind citizenship which is the exclusive loyalty towards a particular country. It destroys national solidarity and emotional connect of an individual to his nation and thus, messes up the cohesiveness of a society. Further, such an arrangement would induce bifurcated conflict of loyalties, creating uncertainty with respect to which nation's interest to prioritise, especially in case of political tensions, military conflicts or national emergency.

Dual citizenship causes significant hindrances in integration of immigrants into the community of their host country since successful immigrant assimilation is totally dependent on national identity. It slows down or resists the spirit of wanting to integrate into a community making the immigrants hostile to the host community culture, values, lifestyle, responsibilities and emotional commitments.

The issue of national security, specifically after the September 11, 2001 terror attacks proved to be an evident evidence where the dual legal citizenship status did not guarantee loyalty. It can be witnessed that, often these individuals with ties with other nations exploit the privileges guaranteed by the host country and harbour the sympathies conflicting the interests of the host country. This “loyalty gap” becomes a problem for the governments to ensure reliability and allegiance of all their citizens[31].

Despite the fact that dual citizenship has not caused major havoc, it still persists to be a factor of persistent sense of unease since it encourages fragmented sense of belonging and promote isolation of societies globally. It undermines the traditional link between citizens and their nations hampering deeper emotional and cultural foundations that sustain democratic nations with the rise of globalization and increased migration.

EXAMPLES:

  1. In Myanmar, the Rohingya have endured decades of persecution, prejudice, and brutality. In August 2017, a significant wave of violence in Myanmar's Rakhine State prompted more than 742,000 people, half of whom were children, to flee to Bangladesh, starting their greatest migration to date. After the military coup in February 2021, violence in Myanmar escalated, resulting in the displacement of nearly 1.3 million people in 2023. Over 2.6 million people were internally displaced (IDP) in the nation by the end of 2023.[32]
  2. Palestinians are governed and controlled differently in different regions. While some are ruled by Israel but are not citizens, some are Israeli citizens. Although Palestinian authorities rule over a large number of Palestinians in the West Bank and Gaza, these institutions do not accurately reflect a single state. Since they cannot claim citizenship in any sovereign nation, some Palestinians are essentially stateless[33].
  3. Deporting Mexicans for citizenship violations, which frequently result from illegal immigration, raises concerns about state commitments, human rights, and the effects of immigration laws on both people and communities[34].

Indian Act/Rules/Regulations[35] and International Conventions[36]

  1. Citizenship Rules, 2009
  2. Citizenship Act, 1955.
  3. The Citizenship (Amendment) Rules 2013
  4. The Citizenship (Amendment) Act, 2015
  5. The Citizenship (Amendment) Rules 2015
  6. The Citizenship (Amendment) Rules 2016
  7. The Citizenship (Amendment) Rules 2018
  8. The Citizenship (second) Amendment Rules 2018
  9. The Citizenship (Amendment) Act 2019
  10. Enforcement of Citizenship (Amendment) Act, 2019
  11. Citizenship (Amendment) Rules, 2024
  12. The 1954 Convention relating to the Status of Stateless Persons
  13. The 1961 Convention on the Reduction of Statelessness
  14. The 1951 Refugee Convention and its 1967 Protocol

References

  1. ↑ Black’s Law Dictionary 214 (10th ed. 2015).
  2. ↑ Black’s Law Dictionary 214 (10th ed. 2015).
  3. ↑ Black’s Law Dictionary 60 (10th ed. 2015).
  4. ↑ Black’s Law Dictionary 105 (10th ed. 2015).
  5. ↑ Black’s Law Dictionary 105 (10th ed. 2015).
  6. ↑ Black’s Law Dictionary 362 (10th ed. 2015)
  7. ↑ Black’s Law Dictionary 371 (10th ed. 2015)
  8. ↑ Black’s Law Dictionary 966 (10th ed. 2015)
  9. ↑ Black’s Law Dictionary 60 (10th ed. 2015)
  10. ↑ Black’s Law Dictionary 630 (10th ed. 2015)
  11. ↑ Black’s Law Dictionary 630 (10th ed. 2015)
  12. ↑ Black’s Law Dictionary 1072 (10th ed. 2015)
  13. ↑ Black’s Law Dictionary 1194 (10th ed. 2015)
  14. ↑ Black’s Law Dictionary 1272 (10th ed. 2015)
  15. ↑ Akash Singh and Avantika Singh , Dual Citizenship: An Indian Perspective, 5 (5) IJLMH Page 534 - 548 (2022), DOI: https://doij.org/10.10000/IJLMH.113607
  16. ↑ Akash Singh and Avantika Singh , Dual Citizenship: An Indian Perspective, 5 (5) IJLMH Page 534 - 548 (2022), DOI: https://doij.org/10.10000/IJLMH.113607
  17. ↑ Citizenship (Amendment) Act, No. 6 of 2004, § 7A, India Code (2004) (introducing the Overseas Citizenship of India scheme).
  18. ↑ Kang, Hyunji (2018) "Investigating Multiple Citizenship in International Relations: Rethinking Globalisation, Nation-States and Social Contract," Global: Jurnal Politik Internasional: Vol. 20 : No. 1 , Article 1. DOI: 10.7454/global.v20i1.315 Available at: https://scholarhub.ui.ac.id/global/vol20/iss1/1
  19. ↑ Citizenship Act, No. 57 of 1955, § 3(a), India Code (1955).
  20. ↑ Citizenship Act, No. 57 of 1955, § 3(b), India Code (1955).
  21. ↑ Citizenship Act, No. 57 of 1955, § 10(2)(e), India Code (1955).
  22. ↑ Citizenship Act, No. 57 of 1955, § 4(3), India Code (1955).
  23. ↑ Citizenship Act, No. 57 of 1955, § 4, India Code (1955).
  24. ↑ Citizenship Act, No. 57 of 1955, § 4(1)(a), India Code (1955).
  25. ↑ Citizenship Act, No. 57 of 1955, § 6, India Code (1955).
  26. ↑ Citizenship Act, No. 57 of 1955, Third Sch., India Code (1955).
  27. ↑ Anupama Mohan, Corporate Citizenship: Perspectives from India, J. Corp. Citizenship, No. 2, 107, 116 (2001), http://www.jstor.org/stable/jcorpciti.2.107.
  28. ↑ Citizenship Act, No. 57 of 1955, § 8, India Code (1955).
  29. ↑ Citizenship Act, No. 57 of 1955, § 9, India Code (1955).
  30. ↑ Citizenship Act, No. 57 of 1955, § 10, India Code (1955).
  31. ↑ Peter J. Spiro, Dual Nationality: Unobjectionable and Unstoppable, Center for Immigration Studies (Nov. 2000), https://cis.org/Dual-Nationality-Unobjectionable-and-Unstoppable
  32. ↑ https://www.unrefugees.org/news/rohingya-refugee-crisis-explained/
  33. ↑ Abbas Shiblak, Stateless Palestinians, Forced Migration Review, no. 26 (Aug. 2006), https://www.fmreview.org/shiblak-2/ (last visited July 14, 2025).
  34. ↑ Nicholas T. Kaufmann & Estefani Beltrán del Río, Perceptions of Mexican Nationals on Recent Deportation Experiences from the United States: A Qualitative Study, 75 Am. J. Community Psychol. ___ (online first Jan. 15, 2025), doi:10.1002/ajcp.12781
  35. ↑ https://indiancitizenshiponline.nic.in/
  36. ↑ https://www.unhcr.org/in/about-unhcr
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