What is citizenship and What are the constitutional provisions relating to citizenship in India? for CLAT - Practice Questions & MCQ

What is Citizenship?

• Citizenship is a legal status that signifies an individual's membership in a particular country or nation. 
• It grants individuals certain rights, protections, and responsibilities within the territory of that nation. Citizenship is a fundamental aspect of one's identity and affiliation to a sovereign state.

Citizenship in India: Constitutional Provisions

India's Constitution contains key provisions related to citizenship, which are outlined in Part II (Articles 5 to 11). Here are the main aspects of Indian citizenship:

Single Citizenship (Article 5-11): 

• India follows the principle of single citizenship, meaning that every citizen of India is a citizen of the country as a whole, not of any specific state within India. This ensures uniformity in citizenship rights and duties throughout the nation.

Citizenship at the Commencement of the Constitution (Article 5): 

• Article 5 defines who is considered a citizen of India when the Constitution came into effect on January 26, 1950. It includes those who were born in India or those whose parents were born in India.

Citizenship by Birth (Article 5, 6):

• Individuals born in India on or after January 26, 1950, but before July 1, 1987, are considered citizens by birth. This provision was later amended to include those born after July 1, 1987, as long as one parent is a citizen of India.

Citizenship by Descent (Article 5, 7):

• A person born outside India on or after January 26, 1950, can be considered a citizen if both their parents are Indian citizens at the time of their birth. However, certain conditions and registration requirements may apply.

Citizenship by Registration (Article 5, 8):

• Individuals who do not qualify for citizenship by birth or descent can acquire citizenship through registration with the Indian government. This provision is often used by people of Indian origin living abroad.

Citizenship by Naturalization (Article 5, 9):

• Foreign nationals can become Indian citizens through naturalization, provided they meet certain residency requirements and demonstrate a commitment to India. The process typically involves an application and approval by the government.

Termination of Citizenship (Article 10):

• The Constitution provides for the termination of Indian citizenship under specific circumstances, such as renunciation of citizenship or acquiring citizenship of another country.

Case Law and Examples:

Shankari Prasad vs. Union of India (1951):

• Background: 
  • The case arose from the First Amendment Act of 1951, which aimed to address legal challenges and controversies following the adoption of the Indian Constitution, particularly related to land reform laws.
• Key Issues:
  • Can the Parliament amend fundamental rights, including Articles 14, 19(1)(f), and 31, of the Indian Constitution?
  • Is the First Amendment Act, which introduced Article 31A and Article 31B to protect land reform laws, constitutionally valid?
• Court's Decision:
  • The Supreme Court upheld the constitutional validity of the First Amendment Act.
  • It established that Parliament had the authority to amend the Constitution, including fundamental rights.
  • The Court based its decision on the doctrine of implied limitations on fundamental rights, stating that they could be amended to impose reasonable restrictions.
• Significance:
  • Established the precedent that Parliament can amend the Constitution, including fundamental rights, within certain limits.
  • Formed the basis for the doctrine of parliamentary sovereignty in India.
  • Set the stage for subsequent cases that clarified the boundaries of constitutional amendments and the role of the judiciary and the legislature.
  • The Shankari Prasad case marked a significant moment in Indian constitutional history, defining the scope of parliamentary power to amend the Constitution while upholding the importance of fundamental rights.

Practical Considerations:

• Indian citizenship is essential for enjoying various rights and benefits in India, including the right to vote, work, and own property.
• It is also necessary for obtaining government services and documentation such as passports and Aadhar cards.
• Citizens have the responsibility to abide by the laws of the land, pay taxes, and participate in the democratic process through voting.