In India, as in any modern state, there are two categories of people: citizens and aliens. Citizens are fully integrated members of the Indian State, owing allegiance to it and enjoying all civil and political rights. Aliens are citizens of other countries and, as such, do not receive all civil and political rights of Indian citizens. Aliens are further categorized into friendly aliens, whose countries maintain cordial relations with India, and enemy aliens, who are citizens of countries at war with India. Enemy aliens have fewer rights, such as no protection against arrest and detention (Article 22).
Rights Exclusive to Citizens of India:
Citizens owe duties to the Indian State, such as paying taxes and respecting national symbols.
Unlike the USA, where only natural-born citizens can become President, both natural-born and naturalized citizens of India are eligible for the presidency.
The Constitution addresses citizenship in Articles 5 to 11 under Part II, outlining who would become citizens on January 26, 1950. It leaves acquisition and loss of citizenship post-1950 to be regulated by Parliament, resulting in the Citizenship Act of 1955, which has been amended over time.
Initial Categories of Citizenship:
Other Constitutional Provisions:
Citizenship Act of 1955
The Citizenship Act of 1955 outlines the processes for obtaining and losing Indian citizenship:
Acquisition of Citizenship:
Children of foreign diplomats and enemy aliens do not acquire citizenship by birth.These frameworks reflect India’s approach to nationality, balancing individual rights with national security and integration.
Acquisition of Citizenship
A person born outside India on or after January 26, 1950, but before December 10, 1992, is considered a citizen of India by descent if their father was a citizen at the time of their birth. For those born outside India on or after December 10, 1992, citizenship is granted if either parent is an Indian citizen at the time of birth.
From December 3, 2004, individuals born outside India will not be considered citizens by descent unless their birth is registered at an Indian consulate within one year or with permission from the Central Government after that period. An application for the registration of a minor child’s birth at an Indian consulate requires a written undertaking from the parents confirming the child does not hold the passport of another country. Furthermore, a minor who is a citizen of India by descent and holds citizenship of another country will lose Indian citizenship if they do not renounce the other citizenship within six months of reaching adulthood.
The Central Government can register as a citizen of India any person (not being an illegal migrant) belonging to certain categories:
– Individuals of Indian origin who have been ordinarily resident in India for seven years before applying.
– Individuals of Indian origin residing outside India.
– Persons married to Indian citizens and living in India for seven years prior to application.
– Minor children of Indian citizens.
– Adults whose parents are registered citizens of India.
– Individuals whose parents were previously citizens of independent India and have resided in India for twelve months before applying.
– Individuals registered as Overseas Citizens of India for five years and residing in India for twelve months before application.
All individuals in these categories must take an oath of allegiance prior to registration.
The Central Government may grant naturalization (a certificate of citizenship) to any eligible person (not an illegal migrant) if they meet the following criteria:
– They are not a citizen of any country that prevents Indian citizens from obtaining citizenship there.
– If they are a citizen of another country, they must renounce that citizenship upon acceptance of their application for Indian nationality.
– They must have resided in India or been in government service in India for the twelve months immediately preceding their application.
– Over the preceding fourteen years, they should have lived in India or served in a government capacity, totaling no less than eleven years.
– They must demonstrate good character.
– They must have adequate knowledge of a language specified in the Eighth Schedule of the Constitution.
– They must intend to reside in India or work for a government or organization of which India is a member.
The government can waive any of these conditions for individuals who have rendered distinguished service in fields such as science, art, literature, or human progress. All naturalized citizens must also take an oath of allegiance to the Constitution of India.
When a foreign territory becomes part of India, the Government of India designates which individuals from that territory will be granted Indian citizenship. For example, when Pondicherry became part of India, the Government issued the Citizenship (Pondicherry) Order in 1962 under the Citizenship Act of 1955.
The Citizenship (Amendment) Act, 1985 introduced special provisions for citizens as outlined in the Assam Accord:
– Persons of Indian origin who entered Assam before January 1, 1966, from Bangladesh and have resided there since are deemed citizens of India as of that date.
– Individuals who migrated to Assam between January 1, 1966, and March 25, 1971, and were identified as foreigners must register as citizens. Those registered will be recognized as Indian citizens ten years after their identification as foreigners, retaining the same rights as citizens except for the right to vote throughout that period.
The Citizenship Act of 1955 defines three ways individuals can lose their citizenship, whether acquired under the Act or under the Constitution:
(a) The citizenship was obtained through fraudulent means.
(b) The citizen has demonstrated disloyalty to the Constitution of India.
(c) The citizen has unlawfully engaged in trade or communication with the enemy during wartime.
(d) The citizen has been imprisoned in any country for two years within five years following their registration or naturalization.
(e) The citizen has resided outside of India for a continuous period of seven years.
These conditions are outlined to ensure that citizenship is maintained by individuals who adhere to the obligations and responsibilities associated with being a citizen of India.
Single Citizenship
Although the Indian Constitution establishes a federal structure and envisions a dual polity (comprising the Centre and the states), it provides for only a single citizenship: Indian citizenship. Citizens of India owe their allegiance solely to the Union, with no separate state citizenship. In contrast, other federal systems, such as those in the USA and Switzerland, allow for double citizenship.
In the United States, individuals are not only citizens of the USA but also citizens of the specific state in which they reside. This means they owe allegiance to both the national and state governments and are entitled to two sets of rights—one from the national government and another from the state government. Such a system can introduce potential inequalities, as a state may favor its own citizens regarding voting rights, eligibility for public office, and other privileges. The single citizenship system in India helps avoid these issues.
In India, all citizens, regardless of the state in which they are born or reside, enjoy the same civil and political rights throughout the country without discrimination. However, this general principle of non-discrimination has some exceptions:
The Constitution of India, similar to Canada, supports a system of single citizenship and aims to provide uniform rights for the people of India, fostering a sense of fraternity and unity within the nation while striving to build an integrated society. Nonetheless, India has continued to experience communal riots, class conflicts, caste disputes, linguistic tensions, and ethnic clashes. Consequently, the founding fathers’ and Constitution-makers’ vision of a united and integrated Indian nation remains a work in progress.
In September 2000, the Government of India, specifically the Ministry of External Affairs, established a High-Level Committee on the Indian Diaspora, chaired by L.M. Singhvi. The committee’s mandate was to conduct a thorough study of the global Indian Diaspora and recommend measures to foster a positive relationship with them. In January 2002, the committee submitted its report, suggesting an amendment to the Citizenship Act (1955) to allow for dual citizenship for Persons of Indian Origin (PIOs) from specific countries.
As a result, the Citizenship (Amendment) Act, 2003 was enacted, which provided for the acquisition of Overseas Citizenship of India (OCI) for PIOs from 16 specified countries, excluding Pakistan and Bangladesh. The amendment also removed all provisions related to Commonwealth Citizenship from the original Act.
Subsequently, the Citizenship (Amendment) Act, 2005 expanded the eligibility for OCI to PIOs from all countries, except for Pakistan and Bangladesh, provided that their home countries allowed dual citizenship under their laws. It is important to clarify that OCI does not equate to dual citizenship; the Indian Constitution prohibits dual citizenship or dual nationality, as stated in Article 9.
In 2015, the Citizenship (Amendment) Act further modified the provisions related to OCI in the Principal Act. It introduced a new classification termed “Overseas Citizen of India Cardholder” by merging the pre-existing PIO card scheme and the OCI card scheme.
The PIO card scheme was originally introduced on August 19, 2002, followed by the OCI card scheme on December 2, 2005. Both schemes operated concurrently, but the increasing popularity of the OCI card led to confusion among applicants. To simplify the process and enhance facilities for applicants, the Government of India decided to create a single scheme that incorporated positive aspects of both.
Thus, the Citizenship (Amendment) Act of 2015 was enacted, which rescinded the PIO scheme effective January 9, 2015. It also established that all existing PIO cardholders would be recognized as OCI cardholders as of the same date.
The Citizenship (Amendment) Act of 2015 replaced the term “Overseas Citizen of India” with “Overseas Citizen of India Cardholder” and included the following provisions in the Principal Act:
Overseas Citizenship of India
III. Renunciation of Overseas Citizenship
The Central Government may cancel the OCI registration if it finds that:
This framework for Overseas Citizenship of India reflects the government’s efforts to connect with the Indian diaspora while ensuring that their rights and responsibilities are clearly defined.
Articles Related to Citizenship at a Glance
Here’s a summary of the articles in the Indian Constitution that pertain to citizenship:
Article No. | Subject Matter |
5 | Citizenship at the commencement of the Constitution |
6 | Rights of citizenship of certain persons who have migrated to India from Pakistan |
7 | Rights of citizenship of certain migrants to Pakistan |
8 | Rights of citizenship of certain persons of Indian origin residing outside India |
9 | Persons voluntarily acquiring citizenship of a foreign state shall not be citizens |
10 | Continuance of the rights of citizenship |
11 | Parliament’s power to regulate the right of citizenship by law |
Introduction
The Industrial Revolution, which began in the late 18th century, was a transformative period that reshaped production methods through technological advancements and mass manufacturing. This revolution not only revolutionized production but also had a profound impact on global politics, driving European powers to expand their colonial empires. The need for raw materials, new markets, and labor to sustain industrial growth led to the intensification of European colonialism.
Body
1. The Industrial Revolution and the Transformation of Production
2. The Industrial Revolution and the Expansion of European Colonialism
Conclusion
The Industrial Revolution revolutionized global production methods and spurred the expansion of European colonialism, as industrial powers sought to secure raw materials, markets, and labor. This interconnectedness between industrial growth and imperialism not only reshaped the global economy but also laid the foundation for enduring global inequalities that continue to affect the modern world.
Introduction
The Indian nationalist movement, spanning the 19th and 20th centuries, was not merely a political effort against British colonial rule but also a profound cultural renaissance. This cultural revival aimed at reclaiming and redefining India’s identity and heritage, thereby strengthening the foundations of political resistance. The relationship between cultural regeneration and political resistance was mutually reinforcing, with each driving the other forward.
Body
1. Cultural Regeneration as the Foundation of Political Resistance
Rediscovery of India’s Cultural Heritage:
Indian reformers and scholars played a significant role in reviving and promoting the country’s ancient cultural and philosophical traditions. Raja Ram Mohan Roy and Swami Vivekananda sought to reintroduce the teachings of ancient texts, fostering a sense of national pride.
Example: Dayananda Saraswati and the Arya Samaj advocated for a return to Vedic values, framing it as a rejection of the colonial imposition on Indian culture.
The Bengal Renaissance and Nationalism:
The Bengal Renaissance, spearheaded by thinkers like Rabindranath Tagore and Bankim Chandra Chatterjee, integrated cultural revival with nationalist ideas. Their works encouraged a resurgence of Indian consciousness.
Example: Bankim Chandra’s Anandamath, which introduced “Vande Mataram” as a national symbol, became a rallying cry for the nationalist movement.
Education as a Catalyst for Cultural Renewal:
Institutions like Banaras Hindu University (BHU), founded by Madan Mohan Malaviya, combined modern education with Indian traditional values, strengthening the intellectual foundation for political resistance.
Leaders like Bal Gangadhar Tilak used educational initiatives to cultivate a sense of national identity and to promote resistance against British colonial rule.
Integration of Folk Culture into the Nationalist Struggle:
Folk songs, stories, and symbols, which were vital parts of India’s rural traditions, became instrumental in mobilizing the masses for the nationalist cause.
Example: The bhajan Raghupati Raghav Raja Ram, popularized by Mahatma Gandhi, became a unifying anthem that resonated with people across regions and communities.
2. Political Resistance Fueling Cultural Revival
Religious Symbolism in Political Mobilization:
Political leaders effectively utilized cultural and religious symbolism to stir nationalist sentiment and unite people across India.
Example: Bal Gangadhar Tilak’s promotion of Ganesh Chaturthi as a public festival served not only to celebrate Indian culture but also to foster a sense of unity and pride among the masses.
Countering British Cultural Hegemony:
The nationalist movement sought to challenge the British narrative that portrayed Indians as “uncivilized” and inferior. Cultural narratives highlighting India’s rich heritage became essential in building pride in India’s past.
Example: Swami Vivekananda’s speech at the 1893 Chicago Parliament of Religions emphasized India’s spiritual depth, positioning Indian culture as intellectually and morally superior, thus empowering political resistance.
Conclusion
The Indian nationalist movement was a powerful fusion of cultural regeneration and political resistance. Cultural revival instilled a sense of pride and unity, which invigorated the political struggle against British rule. Conversely, the political resistance provided the necessary urgency and platform for cultural renewal, ensuring its broad reach. This synergy between culture and politics laid the foundation for India’s eventual independence.