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INTRODUCTION

An introductory survey of the history of the principles and practice of citizenship,
based on the premise that the current condition of Indian citizenship cannot be
fully understood without a knowledge of the historical background

What is the historical background of citizenship ?
History of citizenship describes the changing relation between an individual and the
state, commonly known as citizenship. While there is disagreement about when
citizenship began, many thinkers point to the early city-states of ancient Greece,
possibly as a reaction to the fear of slavery, although others see it as primarily a modern
phenomenon dating back only a few hundred years. Citizenship has generally been
identified not as an aspect of Eastern but Western civilization. There is a general view
that citizenship in ancient times was a simpler relation than modern forms of
citizenship, although this view has come under scrutiny.In Roman times, citizenship
began to take on more of the character of a relationship based on law, with less political
participation than in ancient Greece but a widening sphere of who was considered to be
a citizen. In the Middle Ages in Europe, citizenship was
primarily identified with commercial and secular life in the growing cities, and it came
to be seen as membership in emerging nation-states. In modern democracies,
citizenship has contrasting senses, including a liberal-individualist view emphasizing
needs and entitlements and legal protections for essentially passive political beings, and
a civic-republican view emphasizing political participation and seeing citizenship as an
active relation with specific privileges and obligations.
While citizenship has varied considerably throughout history, there are some common
elements of citizenship over time. Citizenship is a bond that extends beyond
basic kinship ties to unite people of different genetic backgrounds, that is, it is more
than a clan or extended kinship network. It generally describes the relation between a
person and an overall political entity such as a city-state or nation and signifies
membership in that body. It is often based on, or a function of, some form of military
service or expectation of future military service. It is generally characterized by some
form of political participation, although the extent of such participation can vary
considerably from minimal duties such as voting to active service in government. And

Citizenship. expressed in other ways that may have a significant and profound impact on the development of civic engagement and citizen-state relations INDIAN CITIZENSHIP . by excluding non-citizens from basic rights and privileges. Conceptually. it is wrapped up in rights and obligations. More importantly. We distinguish “citizen” from “national” or “subject. Since modern nation-states are the repositories and main expression of citizenship. discussion of global citizenship necessarily dictates an existence outside the body politic as we know it.9 citizenship. there are no recognizable privileges and duties associated with the concept that would envelop global citizenship with the status and power (in an ideal world) currently associated with national citizenship. and it has sometimes been seen as a bundle of rights or a right to have rights. in part.” the latter two implying protection of a state. in the sense that citizenship derives meaning. however. To speak of a “citizen” is thus to speak of individuals with distinct relationships to the state. The lift the citizen concept into the global sphere presents difficulties. citizenship almost always has had an element of exclusion. has often been seen as an ideal state. closely allied with freedom. along with the social status and power these relationships imply. not least of which is that global citizens are not legal members in good standing with a sovereign state. and in owing allegiance to a sovereign state whose power is retained by the citizenry but with rights that are shared by all members of that state. is tied into the emergence of members of a polity with specified privileges and duties. It is. If we follow Preston’s (1997) model of citizenship (“who belongs to the polity. an important status with legal aspects including rights. and the American and French Revolutions. how the members of the polity in general are regarded and how they exercise power”). throughout history. Who is Global Citizen ? citizenship has certain legal and democratic overtones. via the Enlightenment. as it has come down to us via the ancient Greeks and Romans. Last. then global citizenship cannot be expressed in any legal sense.

4. Citizen by migration. the India citizenship and no separate state citizenship. registration. In depth study of india citizenship Constitution deals with the citizenship Act of 1955 prescribes five ways of acquiring citizenship viz.) The right to freedom of speech. These are available to alien also.) Certain offices in Indian constitution thst can be occupied by citizen of india only. viz. assembly.e. Citizen are different from alien who do not enjoy these rights. 5. centre and state there is only single citizenship. 2. profession. Alien do not enjoy these rights and advantages. Article 5 to 11 of constitution of india lays down who are the citizen of india at the commencement of the constitution.e. A citizen of state is a person who enjoys full civil and political rights. assembly.9 The population of state is divided into two classes i.) The right to vote. movement. sex. and Citizen by registration. association. 6. naturalization and incorporation of territory. expression. The following fundamental rights are available to citizens: 1.) The right not to be discriminated against any citizen on ground of religion race. 3. Citizen carries with it certain advantages conferred by constitution. birth.i. The citizen have been classified as: (i) (ii) (iii) Citizen by Domicile. residence. .) Cultural and education rights. descent..1950.) The right to equality of opportunity in matter of public employment. Though India is Federation having two level of government. citizen and alien. Exceptions are rights to equality before law and protection of life and personal liberty. on January 26. caste and place of birth.

It was said that the Indian authorities can provide definitive advice on their citizenship law. viz. Jan. However. 1987 but before 3rd December. iii) By Registration: Persons of Indian origin who are ordinarily resident in India for five years immediately before making an application for registration. 2004 is considered citizen of India by birth if either of his parents was a citizen of India. . prescribes three ways of losing citizenship whether acquired under the act or prior to it under the constitution. vii) Commonwealth Citizenship: The Citizenship Act 1955. makes the acquisition of Indian citizenship by the persons coming to India as refugees from Srilanka. viii) Single Citizenship: Indian constitution is federal and envisages of dual polity. vi) Loss of Citizenship: The citizenship Act 1955. added in 1986. The main provisions of Indian citizenship law reflects the provisions of Indian citizenship law and statements. 1. a person born outside India was entitled to Indian citizenship only if his father was an Indian citizen. The citizens in India owe allegiance only to the union. iv) By naturalization: He has either resided in India or has been in Indian government service for 12 months before making an application for naturalization. if he is born in India on or after 26. 1987 or b. v) By incorporation of Territory: If any foreign territory becomes a part of India. the government of India specifies the persons who among the people of territory shall be citizens of India. that is the Indian citizenship. But before 1992. ii) By Descent: Citizen of India by descent if at the time of his birth either of his parents was an Indian citizen. 1950 but before 1st July. The second provision. Every person who is citizen of a Commonwealth country has the status of a Commonwealth Citizen in India. recognizes formally the concept of Commonwealth Citizenship.9 i) By Birth: The act amended in 1986 provides that a person is a citizen of India by birth a. termination and deprivation. if he is born in India on or after 1 July. It provides for only single citizenship. There is no separate state citizenship. Bangladesh and some African countries more difficult. renunciation. the information provided here should normally be sufficient to determine a person citizen and whether if application is filled by applicant is he eligible.

and prior to the commencement of the 1986 Act on 1 July 1987. 3. an illegal immigrant. or c. a foreign diplomat or envoy (who is not a citizen of India).1 Under the 1955 Act. a person born outside India to a parent who was a citizen of India by descent at the time of the birth (as described in paragraph 4. occupation Indian citizenship by descent Birth outside India prior to 3 December 2004 4. A person born in India on or after 1 July 1987 was a citizen of India if either of the parents was a citizen of India at the time of the birth. the Citizenship (Amendment) Act 1992 and the Citizenship (Amendment) Act 2003. The principal legislation is the Citizenship Act 1955.9 2. 4.2 From 3 December 2004 any child born in India will only be an Indian citizen if either of the parents is a citizen of India and the other parent is not: a. Indian citizenship by birth Birth in India prior to 3 December 2004 3. as amended by the Citizenship (Amendment) Act 1986. any person born in India was a citizen of India by birth.2 However. A person born outside India on or after 10 December 1992 but before 3 December 2004 is normally a citizen of India if either parent was a citizen of India otherwise than by descent at the time of the birth. or b.1 Prior to the commencement of the 1992 Act on 10 December 1992. an enemy alien and the birth occurs in a place then under enemy 4. Citizenship of India acquired in this way is citizenship by descent. Birth in India on or after 3 December 2004 3. a person born outside India could normally only be a citizen of India by descent if the father was a citizen of India otherwise than by descent at the time of the birth.1) is also a citizen of India by descent if: .

4 However acquisition of Indian citizenship will not be automatic..4 of the Citizenship (Amendment) Act 2003. 4. 4. or • the parent was in Indian Government service Birth outside India on or after 3 December 2004 4. 6.9 • the birth is registered at an Indian Consulate or High Commission abroad. upon such acquisition. registration or otherwise voluntarily acquires.. These children will not become Indian citizens unless and until the child’s birth is registered at an Indian Consulate (by virtue of S.2 above. cease to be a citizen of India".the citizenship of another country. 5. which came into force on 3 December 2004).. Renunciation 5.5 When considering cases where a child potentially has a route to Indian citizenship via registration we should ask for evidence that the child has not been registered.1 Our understanding is that Indian citizenship cannot normally be held in combination with any other citizenship..1 If an adult makes a declaration of renunciation of Indian citizenship.1 & 4.3 Any child born outside India to an Indian parent on or after 3 December 2004 will continue to be eligible for Indian citizenship on the same basis as 4. shall. Section 9 of the 1955 Act provides that "Any citizen of India who by naturalisation. Dual nationality 6. any minor child of that person also loses Indian citizenship from the date of renunciation. .

they reach the age of majority (18) 6.6 below. In such cases. or b.5 of Annex D 7. it should not be assumed that it has been issued incorrectly. This applies even where the registration is made by the parents/guardian on behalf of the child. Overseas Citizenship of India (OCI). despite the prohibition on dual nationality.1 The Citizenship (Amendment) Act 2003 introduced a new status. if an Indian minor obtains another nationality or citizenship the child will automatically lose its Indian citizenship. we should write to the applicant/agent along the lines explained in paragraph 4. 6.5 If a child who is a dual national by birth fails to renounce their other citizenship prior to reaching the age of majority or acquires a passport in their other nationality before reaching the age of 18 they will lose Indian citizenship. 6.3 Further. which can be held in 3combination with any other citizenship (excluding Pakistani and Bangladeshi citizenship) . 6. they obtain a passport in their other citizenship (while under the age of 18).6 If.4 The only exception to this general ban on dual citizenship is where a child is a dual national by birth. an applicant has been issued with a passport or other formal document describing him as an Indian citizen. In such cases that child can remain a dual citizen until either: a.9 6.but see 6.2 This means that no adult (18 and over) can hold Indian citizenship in conjunction with any other nationality or citizenship . Indian Overseas Citizenship 7.

for example. or c. for example.3 OCI will only be granted if the laws of the country of the applicant “home country” also permit dual citizenship. Belonged to a territory that became part of India after 15 August 1947.4 Any foreign national (except those who are or have been citizens of Pakistan and Bangladesh) who: a. Was eligible to become or was a citizen of India on.2 The scheme was formally launched on 2 December 2005 and acquisition is by application only. 7. confirmation of non-acquisition of OCI should be sought where the applicant appears to satisfy the criteria in paragraph 7. 7. above. In these cases. or b. OCI is considered to be citizenship of another State.5 For the purposes of British nationality law. in s.4 above. or b. This will be relevant where British law requires the person to be stateless (as.4B to the 1981 Act). Is the child or grandchild of a person described at a. in Schedule 2 to the British Nationality Act 1981) or to have no citizenship or nationality apart from a qualifying form of British nationality (as.) 7. or at anytime after 26 January 1950. (The Citizenship (Amendment) Act 2003 introduced the necessary legislation.9 7. .

INDIAN citizenship as a concept is related to political science on the belief that citizen have power to enforce their right and are entitled to social and civil both rights. by doing this he not only signifies that he is aware of his rights but also restricts the violator from infringing others rights. The Indian citizenship also gives idea of multiculturalism by making it in some aspects special right to particular individuals. The Indian concept of citizenship is based on idea of universaliy. and derived its emancipator character from the notion that disadvantages group could aspire to fulfill citizenship rights. . The citizenship concept is highly elaborative and covers all under its ambit. it implies that citizen as an individual must be aware of his or her right and if his right is violated he must avail the remedy. and from other it can be established who can be a Indian citizen.9 CONCLUSION Through one part of this project i have now attained in-depth knowledge of citizenship its origin and history.

gov. 4.wi. 3.pdf./socstudies_06..us/curriculum/standards/state/.uk 5.homeoffice. Jain .wikipedia. http://indiancitizenshiponline..ukba.k12.pdf http://www. M.sdb. www.in/ic_generalinstruction.nic. Indian constitution by Prof.P.com www.9 BIBLIOGRAPHY 1. 2.