Any member defined as an active participant of a political establishment is a citizen. It can be issued in three ways- citizenship by birth, citizenship by political grants, and citizenship by descent from ancestors. The rights of citizenship are defined in the Constitution of every country, which defines benefits every national/federal citizen will enjoy, starting from the right to a passport, right to law, and so on. The extent of these rights is continually updated through different amendments and Articles to ensure that the citizens can feel protected and safe within a country. 

The rights of citizenship- Indian Constitution

To preserve the interests of Indians and establish a cordial relationship with everyone, the Indian Government introduced the principles of citizenship through The Citizenship Act 1955. Under this act, people residing in the country can be classified into two groups- 

  1. Citizens will be those members who can enjoy all the civil, legal, and political rights as they have been given the right to be known as Indians. They are the legal residents of the country, and wherever they will go, they will be known as Indians. 
  2. Non-citizens are members who have migrated to India from other countries and have yet to receive citizenship or have been deemed illegal members of the country. 

In the initial act of citizenship declared in 1955, Article 5 to Article 11 defined everything concerning citizenship rights. The citizenship clauses stated in the 1955 Act also stated the conditions under which a foreigner can be given Indian citizenship. 

Articles defining the rights of citizenship 

Article 5: Commencement of the parliament and citizenship

On the day of the commencement of the Indian parliament and Constitution, every person-

  • Born in the Indian territory 
  • Descendent from an Indian parent
  • Residing in the Indian territory for more than five years 

Will be given the right of citizenship. 

Article 6: Citizenship rights to migrants from Pakistan

Any migrant from Pakistan will be allowed to call himself an India or a citizen of India only when: 

  • Descendent of a grandparent born in the Indian territory as per India Act, 1935
  • Migrated to India before or after July 1948 and has been acknowledged by the Dominion Government of India 

Article 7: Citizenship rights to migrants to Pakistan

Anyone who has migrated from India to Pakistan after March 1, 1947, will not be considered a citizen of India. Therefore, this Article has no cordial relationship with Articles 5 and 6. 

Article 8: Rights of citizenship to Indians living in foreign constitutions

Any Indian national living in a foreign country will be given the citizenship rights of India only when: 

  • Any of the parents or grandparents were born in the Indian territory and resided there for more than five years, according to the India Act, 1935
  • Registered as an Indian national by the consulate of the country where the concerned person is currently residing

Article 9: Void of Indian citizenship 

If any Indian citizen living in another country has voluntarily acquired the citizenship of another country after applying for the same will no longer be considered an Indian citizen.

Article 10: Continuance of citizenship rights

Every person deemed a citizen of India will continue to enjoy the rights and other provisions stated by the above articles and any further amendments to The Citizenship Act, 1955. 

Article 11: Regulatory powers of parliament for citizenship rights

All matters about Indian citizenship, from grant to termination, will be regulated and handled by the Indian parliament. 

The India Act of 1935- an indirect right of citizenship during British colonialism 

In 1935, the Constitution of the British Government, under the direct guidance of the Crown, introduced the India Act. However, post the participation of Indians in the First World War on behalf of the UK, politicians and other Indian officers started to demand more control over the government functions and policies. To satiate the demands and suppress the uprisings, the Government of India Act 1991 was introduced. Even though several provisions and legal rights were given to the Indian government officers, the main reigns of control remained in the hands of the British Government.

This introduced the concept of diarchy, which failed considerably due to which a revised law was passed in 1935. According to its, the main provisions were: 

  1. Establish complete autonomy where all the rules and regulations will come directly from the hands of the British Crown.
  2. The Federation of India was set up that comprised both the princely states and the British Government.
  3. Methods of direct elections were introduced according to which everyone was allowed to vote. 
  4. The Federal court was established, now known as the Supreme Court.

Conclusion 

The introduction of citizenship rights helped the Government ensure that all nationals would follow the rules and regulations and abide by the political and judicial terms. In return, they will enjoy a particular set of fundamental rights, starting with the right to birth to the right to religion, right to speech, right to education, and more. After the division of the Indian mainland into India and Pakistan, many migrants came to the country. It was complete haywire, and no legal system was in place. This is why the right to citizenship was introduced.