January 7, 2023

THE ASPECT OF SINGLE CITIZENSHIP IN INDIA

This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.

Introduction to the concept of Citizenship

Citizenship is defined as the relationship between an individual and the state. A state constitutes two types of people- the Citizens who reside in the state and owe allegiance to the state and Aliens. As it excludes non-citizens, it may be referred to as an idea of exclusion.

Citizenship is granted on the basis of two principles-

  1. Jus soli, commonly referred to as citizenship on the basis of your birth, is the right of anyone born in the territory of a state to nationality or citizenship.
  2. Jus Sanguinis is the a system that countries including many in the EU use to determine citizenship. Jus Sanguinis means “Right of Blood’ in Latin. This law states that citizenship is earned through parents or, in some cases, ancestors.
  3. Part II of the Constitution of India (Articles 5-11) deals with 
  4. the Citizenship of India.
  5. Part II of the Constitution of India (Articles 5-11) deals with 
  6. the Citizenship of India.
  7. Part II of the Constitution of India (Articles 5-11) deals with 
  8. the Citizenship of India.
  9. Part II of the Constitution of India (Articles 5-11) deals with 
  10. the Citizenship of India.
  11. Part II of the Constitution of India (Articles 5-11) deals with 
  12. the Citizenship of India.
  13. Part II of the Constitution of India (Articles 5-11) deals with 
  14. the Citizenship of India.
  15. Part II of the Constitution of India (Articles 5-11) deals with 
  16. the Citizenship of India.
  17. Part II of the Constitution of India (Articles 5-11) deals with 
  18. the Citizenship of India.
  19. Part II of the Constitution of India (Articles 5-11) deals with 
  20. the Citizenship of India.

Now coming back to the aspect of Single Citizenship , The concept of single citizenship provides the citizens with same political and civil rights . No separate citizenship is provided to the people according to their state they are solely treated as Indians , citizens of India as whole. Although India follows the federal democratic system but grants Indians with single citizenship. This was done by the constitution makers so as to promote the feeling of unity and brotherhood and to create a nation that would stand strong.

The notion behind the idea of single citizenship was that Indian citizens owe allegiance only to the union and this idea was borrowed from the British Constitution . Other Federal Nations such as the US  have adopted the system of dual citizenship but not in India. In India all the citizens enjoy the same equal rights that they are granted , there is no bias . All citizens are treated equally irrespective of the states that they are born in.

The question arises, why was the idea of single citizenship adopted and promoted in the nation. Let us take the example of the provision of dual citizenship, it creates a situation where a nation is seen through two lenses national and state government are separate entities and have different powers, a person owes allegiance to both of them. The person is entitled with right from both the sides, he is not only a citizen of the nation but also the state to which he belongs. This might create a system of bias where a state might differ from the national government on several subjects and make decisions in its favour and the people residing there. This problem doesn’t arise in India’s system of citizenship as the centre is the supreme authority and Dual Citizenship is not practiced. This provision of Dual Citizenship affects the national unity and undermines the feeling of oneness. In the system of Dual Citizenship, people tend to be more concerned about their state rather than the whole nation and its progress .

Single Citizenship In India 

This provision ensures that there is no discrimination among the citizens , there is an equal distribution of same political and civil rights throughout the nation regardless of where they were born or currently reside. This promotes harmony amid regional and cultural variations while fostering a sense of nationality and patriotism. Collective rights are also promoted throughout the nation. Indians feel more bonded as a result of their shared citizenship, which supports the idea of a unified India. Although India’s constitution mentions a federal framework and a dual polity (the centre and states) , it only permits the system of single citizenship.

The Citizenship Act of 1955 explained how Indian Citizenship could be acquired and determined it was amended in 1986 , 2003 , 2005 and 2015

Article 15 , 16 and Article 19 are exceptions to this system

Article 15 of Indian Constitution: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. This means that the state has the authority to make laws or give particular preferences to its residents who are lagging and are under-priviledged .

The Parliament (under Article 16) has the authority to make residence within a state or union territory a requirement for certain employment or appointments in that state. For eg Public Employment (Requirement as to Residence) Act, 1957.

Under Article 19(4) of the Indian Constitution,  a citizen of India has the Freedom to move freely throughout the territory of India. It also emphasizes on the interests of the Scheduled Tribes, no outsiders’ are allowed to protect their tribal traditions , cultural value and traditions.

Another Special Mention: The State Of Jammu and Kashmir

Before the abrogation of Article 370 and 35-A , the state had its own constitution and laws where many of the provisions of Indian Constitution weren’t applicable. The state could define the permanent residents and provide them with special rights where they could have scholarships  , share of properties , reservations in jobs etc . 

The special status was abrogated by the government through a presidential order 

“The Constitution Order , 2019” superseding the previous one.

Conclusion 

A nation’s citizens owe devotion to its nation, and in exchange, that nation gives them resources. In order to create unity within the country and instil a sense of patriotism in Indians, the promotion of single citizenship was made. Single citizenship was promoted in order to combat regionalist inclinations and other factors that contribute to national disintegration. Undoubtedly, establishing a single citizenship has helped the Indian people feel more united, and this provision reflects the idea of a United India.

References

Indian Constitution- Article 15,16,19

Notes on Single Citizenship (unacademy.com)

Single Citizenship – Indian Polity Notes (prepp.in)

Citizenship of India (drishtiias.com)

Citizenship Act , 1955

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