Explain the meaning, scope, and extent of the term “citizen” within the purview of the Constitution of India.

Question. Explain the meaning, scope, and extent of the term “citizen” within the purview of the Constitution of India [MPJS2019]

Find the answer to the mains question of Constitutional Law only on Legal Bites. [Explain the meaning, scope, and extent of the term “citizen” within the purview of the Constitution of India.]

Answer

The population of a state is divided into two categories: citizens and non-citizens. A citizen of a state enjoys all civil and political rights. Aliens, unlike citizens, don’t enjoy all the fundamental rights secured to the citizens.

Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in the matter of public employment (Article 16); freedom of speech and expression, assembly, association, movement, residence and profession (Article 19); cultural and educational rights (Article 29 and 30); and right to vote and become members of the union and state legislatures.

Citizenship can be of the following three types:

1. By domicile (Article 5)
2. By migration (Article 6)
3. By registration (Article 8)

The law relating to citizenship is now contained in the Citizenship Act, 1955 which prescribes the following ways for acquisition of Indian citizenship:

1. Citizenship by birth: Anyone born in India on or after January 1, 1950, would be deemed a citizen by birth. This limit was further amended to include those born between January 1, 1950 and July 1, 1987. By the Citizenship Amendment Act, 2003, persons born after December 3, 2004, would be deemed to be citizens of India if either of the parents is Indian or one of the parents is a citizen of India and the other was not an illegal migrant at the time of the person’s birth.
2. Citizenship by descent: A person born outside India shall be deemed to be a citizen of India if either of the person’s parents was a citizen of India at the time of his/her birth provided that the birth is registered within one year of its occurrence or commencement of the Act, whichever is later, at the Indian consulate.
3. Citizenship by registration: A person may be registered as a citizen of India if the person is married to a citizen of India or has been a resident of India for five years immediately before making an application for registration.
4. Citizenship by naturalization: A person is granted a certificate of naturalization if the person is not an illegal migrant and has resided in India for 12 months before making an application to seek the certificate. Of the 14 years preceding this 12-months duration, the person must have stayed in India for 11 years.
5. Citizenship by incorporation of territory: If any new territory becomes a part of India, the government of India shall specify the persons of the territory to be citizens of India. If the central government is of the opinion that an applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace, or human progress generally, it may waive all or any conditions specified to attain Indian citizenship.

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