Citizenship - Article 5 to 11 of Indian Constitution | Citizenship in India |Indian Polity UPSC 2023

Summary

This video script explains the concept of Indian citizenship as outlined in the Constitution, focusing on Articles 5 to 11. It explores the categories of citizens at the time of the Constitution's adoption in 1950, such as those born in India, those migrating from Pakistan, and people of Indian origin abroad. The script emphasizes the relationship between citizens and the state, detailing their rights and duties. Key constitutional provisions like the loss of citizenship through voluntary acquisition of foreign nationality and the exclusive recognition of single citizenship are also covered, offering a comprehensive view of India's citizenship framework.

Takeaways

• 😀 Citizenship is a legal relationship between an individual and a state, conferring both rights and duties.
• 😀 In India, the Constitution doesn't define citizenship in detail but grants Parliament the power to regulate it through law (Article 11).
• 😀 Certain fundamental rights, such as the right to vote, equality in public employment, and cultural rights, are exclusive to Indian citizens.
• 😀 Citizenship is described as a 'symbiotic relationship' where the state grants rights and expects duties from citizens.
• 😀 Hannah Arendt's definition of citizenship: 'Citizenship is the right to have rights.'
• 😀 India's unique situation post-independence and partition (1947) led to the introduction of a formal citizenship framework in the Constitution of 1950.
• 😀 The Indian Citizenship Act of 1955, empowered by Article 11 of the Constitution, regulates all matters related to the acquisition and loss of Indian citizenship.
• 😀 Aliens in India are categorized into 'friendly aliens' (citizens from countries with good relations) and 'enemy aliens' (citizens from countries at war with India).
• 😀 Articles 5-8 of the Constitution define the eligibility criteria for citizenship at the time of its commencement in 1950, considering factors like birth in India, parentage, and residency.
• 😀 Article 9 of the Constitution states that Indians who voluntarily acquire foreign citizenship lose their Indian citizenship due to India's policy of single citizenship.
• 😀 Article 10 guarantees the continuity of citizenship rights for individuals recognized as citizens under Articles 5-8, unless a law revokes this status.

Q & A

What is the basic definition of citizenship according to the script?

Citizenship is defined as the legal membership of an individual within a nation-state, conferring certain rights and duties. It is the status of being recognized as a member of a country either by birth or through legal means.

What fundamental rights are exclusively available to Indian citizens?

The script mentions several fundamental rights exclusive to Indian citizens, including the right to vote, equality of opportunity in public employment, and cultural and educational rights under Articles 15, 16, 19, 29, and 30 of the Indian Constitution.

What does the term 'symbiotic relationship' between citizens and the state imply?

The symbiotic relationship refers to the mutual exchange of rights and duties between the citizens and the state. The state confers rights on the citizens, and in return, citizens owe certain duties to the state, such as upholding its unity and sovereignty.

What is the significance of the phrase 'citizenship is the right to have rights' as mentioned in the script?

The phrase, attributed to political theorist Hannah Arendt, underscores the idea that citizenship is essential for individuals to access their legal rights. Without citizenship, a person may be denied the ability to fully exercise their rights.

Why did the Indian Constitution need to address citizenship specifically after independence?

After India gained independence and underwent partition, large-scale migrations occurred, with people moving between India and Pakistan. To clarify who would be considered citizens of India, the Constitution addressed citizenship in detail, a process which was necessary due to the uncertainty created by the partition.

What role does Article 11 of the Indian Constitution play in the regulation of citizenship?

Article 11 grants Parliament the authority to regulate matters concerning the acquisition, termination, and regulation of citizenship. This provision enables Parliament to create laws such as the Indian Citizenship Act of 1955.

What is the Indian Citizenship Act of 1955, and why is it significant?

The Indian Citizenship Act of 1955 was enacted by Parliament under the power granted by Article 11. It provides the legal framework for the acquisition, loss, and termination of Indian citizenship, addressing issues such as dual citizenship and residency.

How does Article 9 of the Constitution affect Indian citizens who acquire foreign nationality?

Article 9 stipulates that individuals who voluntarily acquire the citizenship of a foreign country will cease to be Indian citizens. This reflects India's stance on recognizing only single citizenship, as opposed to dual citizenship.

What is the condition under which a person can acquire Indian citizenship according to Article 5?

Article 5 allows a person to acquire Indian citizenship if they were born in India, if either of their parents were born in India, or if they have been a resident of India for five years immediately before the commencement of the Constitution.

What are the provisions related to persons of Indian origin residing outside India according to Article 8?

Article 8 grants persons of Indian origin who are residing outside India the right to register as Indian citizens, provided that either the individual or one of their parents or grandparents was born in undivided India. This registration can be done through diplomatic or consular representatives of India.