Single Citizenship

At a Glance

• What it is Though India is federal with a dual polity, it provides only a single citizenship, the Indian citizenship; there is no separate state citizenship
• Allegiance Citizens owe allegiance only to the Union
• Contrast The USA and Australia have double citizenship
• Similar to Canada, which also has single citizenship
• Constitutional provisions Articles 5 to 11 in Part II; the Citizenship Act, 1955
• Exam link UPSC Prelims, Polity: Salient Features

Where Does It Fit?

Several earlier topics described the federal structure of the Constitution and listed single citizenship among its unitary features. This topic explains the feature itself. It also shows how the Constitution tries to promote the unity of the nation despite having a dual polity.

What Is Single Citizenship?

Though the Indian Constitution is federal and envisages a dual polity of the Centre and the states, it provides for only a single citizenship, that is, the Indian citizenship. The citizens in India owe allegiance only to the Union. There is no separate state citizenship. The other federal states, like the USA and Australia, adopted the system of double citizenship.

In the USA each person is a citizen of the USA and of the state to which he or she belongs. This system creates the problem of discrimination, that is, a state may discriminate in favour of its citizens in matters like the right to vote, the right to hold public offices and the right to practise professions. This problem is avoided in the system of single citizenship prevalent in India.

In India, all citizens, irrespective of the state in which they are born or reside, enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.

What Are the Exceptions?

The general rule of absence of discrimination is subject to some exceptions.

1. Residence for public employment (Article 16): Parliament can prescribe residence within a state or Union territory as a condition for certain employments there. The Public Employment (Requirement as to Residence) Act, 1957 authorised the Government of India to prescribe a residential qualification for appointment to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura. The Act expired in 1974, and the provision now exists only for Andhra Pradesh and Telangana.
2. Discrimination on the ground of residence (Article 15): Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, and not on the ground of residence. A state can therefore give preference to its residents in matters outside the Constitutional rights of citizens; for example, a concession in fees for education.
3. Scheduled Tribes (Article 19): The freedom of movement and residence is subject to the protection of the interests of any Scheduled Tribe. The right of outsiders to enter, reside and settle in tribal areas is restricted, to protect the distinctive culture, language, customs and manners of the tribes and to safeguard their traditional vocation and property against exploitation.
4. Jammu and Kashmir till 2019: The legislature of the erstwhile state could define the permanent residents of the state and confer special rights and privileges on them in matters such as state employment, acquisition of immovable property, settlement and scholarships. This was based on Article 35-A, inserted by the Constitution (Application to Jammu and Kashmir) Order, 1954 under Article 370. The 2019 order superseded the 1954 order.

Why Did the Constitution Adopt It?

The Constitution of India, like that of Canada, introduced single citizenship and provided uniform rights, except in a few cases, to promote the feeling of fraternity and unity among the people and to build an integrated Indian nation. Despite this, India has witnessed communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes, so that the cherished goal of the Constitution-makers to build a united and integrated Indian nation has not been fully realised.

What Do the Constitution and the Act Say on Citizenship?

The Constitution deals with citizenship in Articles 5 to 11 in Part II. It contains neither permanent nor elaborate provisions. It only identifies the persons who became citizens of India at its commencement on 26 January 1950, and does not deal with the acquisition or loss of citizenship afterwards. It empowers Parliament to make a law on these and other matters relating to citizenship, and Parliament has enacted the Citizenship Act, 1955, which has been amended from time to time.

The citizens of India are the full members of the Indian State and owe allegiance to it. Aliens are the citizens of some other state and do not enjoy all the civil and political rights.

Why Is This Topic Important?

• Direct Prelims material: The contrast with the USA and Australia, and the exceptions, can be asked directly.
• A federal-unitary link: Single citizenship is one of the unitary features of a federal Constitution.

What Came Next?

The next topic takes up the independent bodies that the Constitution establishes: the Election Commission, the Comptroller and Auditor-General and the Public Service Commissions.

Key People and Terms

• Single citizenship Only the Indian citizenship; no state citizenship
• Double citizenship The system of the USA and Australia
• Articles 5 to 11 The constitutional provisions on citizenship
• Citizenship Act, 1955 The law on acquisition and loss of citizenship
• Article 35-A Gave special rights to permanent residents of Jammu and Kashmir until 2019

Exam Corner

Mains Angle

Questions ask how single citizenship supports unity in a federation. Use these points to add depth.

• Avoids state discrimination: No state can favour its own citizens in voting, public office or professions.
• Allegiance to the Union alone: It reflects the strong Centre of the Indian federation.
• Limited exceptions: Residence conditions, tribal protection and, until 2019, Article 35-A in Jammu and Kashmir.
• Unfinished goal: Communal, caste, linguistic and ethnic conflicts show that the goal of an integrated nation has not been fully realised.