citizenship rules and laws as defined in Article 5 

At the commencement of the constitution, citizenship creates two subcategories of citizens and non-citizens. Thus, a citizen of the country will enjoy both civil and political rights, although a non-citizen will not be able to enjoy any rights.  

The Indian constitution provides fundamental rights to Indian citizens, including the right to property, education, and many others. Hence, to acquire Indian citizenship, various clauses have been mentioned under different articles, namely from 5 to 11. 

What is meant by citizenship?

 Citizenship means full and equal involvement with the country or state by acquiring rights to be an active member. The country provides its members or citizen with an identity through which any individual is empowered for exercising roles, responsibilities and other political rights. For example, in India, the right to hold public offices is only given to Indian citizens. 

This will include the president, vice-president, supreme and high court judge, state governor, attorney and advocate general. Although non-citizens residing in the country can access legal aid if equal protection rights, personal liberties are hampered. Thus, if a member of the society is devoid of citizenship rights, they or the entire family might have bad living conditions. 

The nature and precision of rights might vary in different countries. However, mainly democratic nations include fundamental rights like socio-economic, voting, civil and other rights, although equality and status are fundamental citizenship rights. 

 Brief on Article 5

It includes citizenship at the commencement of the constitution, thus determining that citizenship by domicile will be provided on Indian territory only if 

• The individual was born within Indian territory.
• Any of the child’s parents were born or is a permanent residents of India.
• Any individual who has resided in India for not less than five years can apply for citizenship. 

Although, there were many debates on the clauses included in the draft of the Indian Constitution of 1948. It was debated that all Hindus or Sikhs, irrespective of their residence, should be entitled to citizenship rights of India. 

This point was eliminated on the arguments of religion and its connection with citizenship rights. Thereby highlighting equality and justice for all without any condition or favouritism. 

Arguments and debates also included accommodation of dual citizenship, providing the privilege on the reciprocity principle. The draft was also criticised because it had copied major components from American law without considering Indians. The power is given to parliament to regulate the right of citizenship by law through proceedings and the majority of votes. 

Constitutional provisions on Indian citizenship 

At the commencement of the constitution, citizenship has included many provisions for citizenship rights. However, none of the permanent provisions has been provided within the constitution, although it describes persons that could be deemed for Indian citizenship. 

This includes four categories that have been listed below.

• Domicile Citizenship- Citizenship through domicile is explained in Article five, which depicts any individual born in India or of whom parents are born within Indian territory can be provided with citizenship rights. Although, the individual should be residing in India for more than five years. The law explains that any permanent house is closely related to the individual. 
• (majorly parental) will be eligible for the rights of Indian citizens. 
• Citizenship for migrants from Pakistan- Article 7 subcategorises migrants from Pakistan into before and after 19 July 1948. The person residing in India before 19 July 1948 are automatically considered Indian, although those who entered the territory after partition will require to produce documents for acquiring citizenship rights. In addition, the migrant must have completed a six-month residence on Indian soil on the date of registration. 

The citizenship law for migrants also includes those who have migrated from India, although returned with a notice or resettlement request. 

• Citizenship for a non-resident of India- NRI or non-resident of India can apply for citizenship rights if their parents are Indian born. However, the document must align with the Government Act of 1935, while the registration should be done through diplomatic representatives of the place where the NRI is currently residing. 

In addition to this, the constitution has given powers to the parliament to make decisions on the Continuance of citizenship rights. Also, parliament has the right to revoke or amend the existing Citizenship Act, relying on the country’s socio-economic circumstances. 

Conclusion

Citizenship rights should be equal and justified for all. Hence the articles and provisions within the constitution have ensured the same. For example, citizenship at the commencement of the constitution is explained in Article 5. Thus an individual can gain citizenship rights if the parents are born in the country. 

The article has also explained different constitutional provisions for acquiring citizenship rights, including by domicile, migrants, or by NRI or non-resident of India. Although either parent must be Indian born or at the time of registration, the individual residential stay should be between 6 months to 5 years.