Professional Documents
Culture Documents
Synopsis:
1. Introduction:
2. Fundamental Rights Available to the Citizens:
3. Meaning and Definition of Citizenship:
4. Significance of Citizenship:
5. Modes of Acquiring Citizenship:
6. Acquisition of Citizenship By Domicile:
7. Conclusion:
Introduction:
The term citizen is used in many contexts in the constitution of India. So, it is necessary
to have a detailed discussion of the term Citizenship. The population of a country can be
divided into two classes namely
1. Citizens and
2. Aliens.
A citizen of a state is a person who enjoys full civil and political rights. Citizens are
different from aliens who do not enjoy all these rights. Citizenship carries with it certain
advantages conferred by the Constitution. Part- II Articles 5 to 11 of the constitution deals with
the Citizenship.
Fundamental Rights Available to the Citizens:
The following fundamental rights are available only to citizens:
(1) The right not to be discriminated against any citizen on the grounds of religion, race, sex, or
place of birth.
(2) The right to equality of opportunity in the matter of public employment.
(3) The six freedoms enumerated in Article 19, i.e., freedom of speech and expression;
assembly; association; movement; residence; profession.
(4) Cultural and educational rights.
(5) There are certain offices under the constitution which can be occupied by citizens only e.g.,
office of the President, Vice-President, Judges of the Supreme Court or a High Court, Governor
of a State etc.
(6) The right to vote for election to the House of the People and the Legislative Assemblies of
States is available to the citizens.
The rights guaranteed by Articles 14 and 21 are available to aliens also.
Meaning and Definition of Citizenship:
Citizenship is membership of a society living under the one Government. It confers the
status and carries with it certain privileges of the state. According to Hans Kelson,
Citizenship is a legal status determined by the specific rights and duties of which the statute is
the condition. Citizen of a State is he who has political rights, the duty of military service and
diplomatic protection afford by the state concerned. Citizenship may also be defined as the
legal relationship between an individual and the state under which an individual pledges his
loyalty to the state, and the state offers protection to the individual. Citizenship is confined to
only natural or physical persons. It is not extended to Corporations and juristic persons.
Significance of Citizenship:
It determines the relationship between the state and the citizens. It signifies permanent
commitment of an individual to the country. That is through citizenship, a citizen expresses his
loyalty to the nation. In return, the nation provides protection to the citizen. Citizenship grants
to a person the right to vote and the right to contest in the election. Citizenship provides certain
special right i.e., fundamental rights to a person. It provides to a person an opportunity to hold
public offices.
In Pradeep Jain v/s Union of India (AIR 1984 SC 142): In this case the Supreme
Court has held that in India Article-5 recognises only one domicile i.e., domicile of India. It
does not recognise the idea of state domicile. Domicile is not same thing as residence. Mere
residence in a place is not sufficient to constitute domicile. It must be accompanied by the
intention to make it his permanent home.
The concept of domicile has relevance to the applicability of municipal laws whether
made by the Union of India or by the States. Two elements are necessary for the existence of
domicile: ---
(i) A residence of a particular kind, and
(ii) An intention of a particular kind.
The residence need not be continues but it must be indefinite, not purely fleeing. The
intention must be a permanent intention to reside forever in the country where the residence has
been taken up. Domicile is not the same thing as residence. Mere residence in a place is not
sufficient to constitute domicile. It must be accompanied by the intention to make it his
permanent home.