Citizenship as the most privileged form of nationality under Article 11

Citizenship is the most privileged form of nationality. In a true sense, it refers to a variety of relationships between a person and a government that does not necessarily provide political rights but do imply other benefits, such as protection overseas. Citizenship also ensures certain human rights in other foreign nations. In one’s own country, citizenship provides all the legal rights like the right to vote, right to education, health, property, residence, etc. The Indian Constitution mentions the ways you can be an Indian citizen. Article 5-11 of the Constitution covers Citizenship articles.

Constitutional Provisions

There are many constitutional provisions regarding the most privileged form of nationality. Article 5 mentions that any person born or domiciled in India becomes a citizen. If you were not born in India and one of your parents was, you can be a citizen. 

Article 6 mentions that any person who is a migrant to India but before 19/07/1949 is a citizen of India if at least one of his parents/grandparents took birth in India. They do need to register for this.

Article 7 mentions that any person who is a migrant to Pakistan after 01/03/1947 is not an Indian citizen. There can be an exception if the person has returned with a permit to resettle in India. 

Article 8 mentions that when a person lives outside of India, but either parents or the grandparents were born in India- if they are registered as an Indian citizen by an Indian diplomatic or consular representative, they are regarded as an Indian citizen.

Article 9 mentions that when a person voluntarily becomes a citizen of another country, they will not be considered an Indian citizen.

Article 10 mentions that any individual deemed to be an Indian citizen under any of the preceding sections shall remain an Indian citizen subject to the requirements of any law passed by Parliament. 

Article 11 mentions that the Parliament can regulate the Rights relating to Citizenship- The Parliament can make any laws regarding the termination and adoption of citizenship and any matter concerning the most privileged form of nationality, i.e., citizenship.

Principal grounds for acquiring citizenship

There are mainly five principal grounds for acquiring the most privileged form of nationality under the citizenship act of 1955.

Section 3- Citizenship Acquisition By Birth 

Any person born in India from 26/01/1950 to 01/07/1987 would be an Indian Citizen. The 1986 amendment changed the dates from 01/07/1987 to 03/12/2003. It mentioned that the person should be born in India, and at least one parent must be a citizen of India. The 2003 amendment said that any person born after 03/12/2003 would be a Citizen. One parent (at least) is a citizen, and another is not an illegal migrant.

Section 4- Citizenship

Acquisition By Descent Section 4 mentions that after 26/12/1950, a person born out of India can also apply to be a citizen of India if they have an Indian descent, i.e., if his/her father is an Indian citizen, they will get Indian citizenship. You can apply for citizenship when either your mother or father is an Indian Citizen.

Section 5- Citizenship Acquisition By Registration

PIO, i.ePersons of Indian Origin, are born or their parents were born in British India. This also applies to a territory included in India after India’s independence. 

Section 6- Citizenship Acquisition By Naturalization 

A person (not an illegal migrant) can apply for citizenship by naturalization when they attain full age. The Government considers specific provisions for the naturalization certificate, and if one gets that, he should reside in India. Distinguished personalities in art, science, literature, human progress, or peace might not need the conditions to fulfill in the Government that sees fit as citizenship is the most privileged form of nationality.

Section 7- Citizenship Acquisition by Incorporation Of Territory

Like other principal grounds for acquiring citizenship, if a new territory gets included in the Territory of India, the people of that foreign country or region will become a citizen of India.

Conclusion

Citizenship is a right that can never be taken away from a citizen once obtained. Of course, Parliament has ultimate power, and it can revoke a citizen’s citizenship by legislation, but only if it is done through an Act of Parliament. Nothing less can have an impact on a person’s citizenship status. As citizenship is the most privileged form of nationality, the legal and human rights associated with it are crucial. Citizenship involves people with the country’s politics, media, legislature, administration, and judiciary.