Introduction
Citizenship is the formal relationship between an individual and a state that confers rights, imposes duties, and establishes membership in a political community. It is also a political ideal — raising questions about who belongs, on what terms, and what is owed between citizen and state.
Two Senses of Citizenship
- 1.Legal citizenship: Formal status granted by a state conferring rights (to vote, hold office, receive benefits) and duties (pay taxes, obey laws).
- 2.Active citizenship: The ideal that citizens should not merely hold formal status but actively participate — voting, joining civil society, engaging in public debate, working for the common good.
T.H. Marshall's Three Elements of Citizenship
- 1.British sociologist T.H. Marshall identified three historical stages in the development of modern citizenship:
- 2.Civil element (17th–18th century): Rights for individual freedom — equality before law, free speech, right to property.
- 3.Political element (19th century): Right to participate in political power — right to vote and hold office.
- 4.Social element (20th century): Right to education, healthcare, social security — the welfare state.
Citizenship in India
India adopted universal adult franchise from its very first elections (Article 326), giving all adult citizens the right to vote regardless of gender, caste, or income — a radical step in 1950.
- Indian citizenship is governed by the Citizenship Act, 1955. Modes of acquiring citizenship:
- By birth: Born in India (subject to conditions on parents' citizenship).
- By descent: Born outside India to Indian citizen parents.
- By registration: Persons of Indian origin or married to Indian citizens.
- By naturalisation: Foreigners who have lived legally in India for the required period.
India has single citizenship — every Indian is a citizen of the whole of India, not of any particular state.
Fundamental Duties (Article 51A)
- Added by the 42nd Amendment (1976), Fundamental Duties include:
- Abide by the Constitution and respect the national flag and anthem
- Protect sovereignty and integrity of India
- Promote harmony and brotherhood
- Protect the natural environment
- Develop scientific temper and spirit of inquiry
- Provide education to children aged 6–14 (added by 86th Amendment)
Fundamental Duties are not directly enforceable in court — they are moral obligations on citizens.
Rights Exclusive to Citizens vs Rights for All Persons
Some Fundamental Rights are available only to citizens (e.g., Articles 15, 16, 19, 29, 30), while others apply to all persons including non-citizens (e.g., Articles 14, 20, 21). This distinction matters — foreigners in India also enjoy the right to life and equality before law.
Contemporary Debates on Citizenship
- Refugees and stateless persons: People without citizenship face severe vulnerabilities. Hannah Arendt wrote about the "right to have rights" — membership in a political community is a prerequisite for enjoying any rights.
- Citizenship (Amendment) Act, 2019 (CAA): Grants expedited citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan, but excludes Muslims — generating debate about whether religion can be a criterion for citizenship.
- Cosmopolitan citizenship: The idea that every human being is, in a moral sense, a citizen of the world with universal rights and duties — challenging the state-centric conception of citizenship.
Common mistakes
- Not all Fundamental Rights are for citizens only; Articles 14, 20, and 21 apply to all persons.
- Fundamental Duties are not enforceable in court — they are moral, not legal, obligations (unless backed by specific legislation).
- India uses both birth (jus soli) and descent (jus sanguinis) principles for citizenship, subject to the Citizenship Act's conditions.
- "Resident" and "citizen" are different — residents without citizenship have limited rights.
Summary
Citizenship is both a legal status and a political ideal. Legally, it confers rights (voting, public office) and duties (obeying laws, Fundamental Duties under Article 51A). India adopted universal adult franchise from the start, with citizenship governed by the Citizenship Act, 1955. Active citizenship — participation in democratic life — is essential for democracy. Contemporary debates about refugee rights, migration, religion-based criteria, and cosmopolitan citizenship reflect the continuing evolution of this concept.