This article is written by Princy Lohani.

CONCEPT OF CITIZENSHIP AND NATIONALITY

Introduction

Many people commonly do not have a clear concept of nationality and citizenship. Although some of them may use these two terms interchangeably, they should distinguish between them, as they are very closely connected but not the same thing. The reason is simple since a person may have several nationalities, but it will not allow him or her to hold citizenship in all the countries. For example, if a person is born in Mexico and has parents from India and China, he or she can inherit nationality from all these countries, but it will not grant citizenship. At the same time, nationality may reflect a cultural perspective and heritage primarily, while citizenship represents more of a legal issue considering the person’s rights and obligations within a particular country. Understanding the distinction between nationality and citizenship is an important aspect for people attempting to overcome issues related to immigration or travel, or in many cases, legal issues in different countries. Having this knowledge would provide people with an insight into the legal role they have in various countries across the world.

Concept of Nationality

By definition, a person’s nationality determines their birthplace and attachment to a certain nation. Indeed, in plain words, nationality is a “legal status establishing the country to which a person belongs.” Apart from simple words, nationality is an attribute of the nation in which the person was born or received citizenship. This status can be received through birth or by descent—from the parents or family members. Moreover, it can be used to facilitate international relations, as it is the foundation for determining which country’s laws and regulations an individual being evaluated will belong to. Each state has its own criteria that determine who can be considered a national in that country. These criteria may also include statements drawn from the Constitution about those who meet the criteria being subject to the state and their external threats.

In accordance with international conventions, every sovereign state has the power to define its citizens using its nationality laws and allow individuals to come in or go back home. Such documents as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights acknowledge the importance of nationality legislation by a state, which is the right of every country. These agreements highlight that humans have the right to their own nationality, which should not be taken from them without reason. The concept of returning to one’s homeland or entering it in the first place is an integral part of citizenship that can be regarded as one’s birthright. It enables nationals to move freely across borders and return to their native land without undue impediments. Under international conventions, every independent state has the authority to determine its citizens through its own national laws. This right is typically protected through global agreements such as the Convention on the Rights of Children which advocates for children to acquire a nationality and receive parental care at home.

Concept of Citizenship

Citizenship is the status and legal acceptance that an individual can legally reside and be a recognized member of any given country. Citizenship is obtained by achieving the legal requirements set by a given country. Citizenship is the state of being recognized as having full rights and responsibilities to a country. It can also be termed the quality of being a citizen of a country. Citizenship can be acquired through different means, such as birth, descent, marriage, or naturalization, and previous articles discussed citizenship that can be acquired by descent. However, each country in the world has different sets of standards used to determine how a citizen can achieve citizenship status by birth or naturalization. Achieving citizenship status, in a country often involves passing a test about the country’s history and constitution. Citizenship establishes a connection between an individual and the state offering rights and duties. As a citizen one enjoys privileges like voting, job opportunities, residency rights, access to services, and legal safeguards. However, citizenship also entails responsibilities such as following the law, paying taxes, and engaging in processes. Therefore citizenship serves as a framework for individuals’ interactions, with the state shaping their rights, duties, and loyalty.

The idea of citizenship in India is addressed in two main documents: the Constitution of India and the Citizenship Act. The Indian Constitution (articles 5–11), which put in effect in 1950, establishes the foundation for citizenship within the nation. It defines who qualifies as a citizen and details the privileges and duties that accompany this status. Moreover, the Constitution outlines ways through which citizenship could be acquired or revoked including by birth, descent, registration, and naturalization.^[1] On the other hand, the Citizenship Act was passed in 1955. Subsequently amended several times elaborates on the regulations concerning citizenship in India. It specifies how citizenship can be gained, forfeited, or voluntarily relinquished. Further, this act stipulates the entitlement and responsibility that come with being a citizen and one’s obligation towards their country.^[2] The Indian Constitution and the Citizenship Act function as the statutory foundation for citizenship in the country. They ensure that every citizen in India gets certain rights and benefits, and they also describe the responsibilities that come with being a part of the Indian nation. These documents play a significant role in building the concept of citizenship in India as well as ensuring preservation and protection.

Important Case laws

Pradeep Jain v. Union of India (1984)^[3]

In this case, the Supreme Court ruled that Article 5 of the Indian Constitution acknowledges solely one domicile, which is the domicile of India. The idea of state domicile is not recognized under this provision.^[4]

Sarbananda Sonowal v. Union of India (2005)^[5]

This case is also known as the “Assam Illegal Migrants” case. Its main focus was to deal with the matter of illegal immigration in Assam. The Supreme Court held that it is necessary to identify and expel illegal immigrants in Assam in order to protect the rights of Indian citizens. Because of this case, the Foreigners Tribunals was established and there was subsequent amendment of the National Register of Citizens (NRC) in Assam.^[6]

Kulathil Mammu vs The State Of Kerala (1966)^[7]

In this case, the court’s review of articles 5, 6, and 7 led to the following conclusions:

• The drafters of the Constitution intentionally added the concept of domicile in Article 5, while purposefully excluding it from Articles 6 and 7.
• Individuals to whom Article 7 applies, cannot claim citizenship under either Article 5 or Article 7.
• The court referenced the case of State of Bihar v. Kumar Amar Singh (1955), in which a woman who moved to Pakistan argued that since her husband had an Indian domicile, she should also be considered domiciled in India and so entitled to citizenship under Article 5^[8].

Mohammed Shakeel v. State of Andhra Pradesh (2008)

In this case, the Supreme Court elaborated the distinction between nationality and citizenship, specifying that being granted Indian nationality does not instantly result in Indian citizenship. The court pointed out that obtaining Indian citizenship needed adherence to a specific legal procedure laid down in the Citizenship Act.^[9]

Difference between Nationality and Citizenship

There are some basic distinctions between citizenship and nationality that can help in better comprehension of both concepts.

• Nationality is the legal status that comes from being from the source of a specific nation, whereas citizenship is the political status that can be obtained by fulfilling the legal standards set forth by the government of the state.
• Nationality pertains to ethnicity and race, whereas citizenship is related to legal or juridical matters.
• A person’s nationality signifies the place or country where they were born, whereas their citizenship denotes their status as a registered citizen of the government of that particular country.
• A person can acquire nationality in a country through birth or inheritance. In contrast, there exist several methods by which an individual can obtain citizenship in a nation, namely by birth, inheritance, marriage, naturalization, or registration.
• Additionally, nationality pertains to international relations, whereas citizenship is linked to a country’s domestic political affairs.

Conclusion

In short, we understood that by nationality, as is already clear from the name, we mean the connection of a person with the nation, which he receives by birth. Meanwhile, citizenship is slightly different, since it is required that a person pass a number of legal procedures in order to be recognized as a member of the corresponding state as a person. Moreover, to receive full citizenship, compliance with nationality is required; however, it is not the only requirement. Such status gives people full civil, social, and political rights. As for those who have nationality, but this does not give them full citizenship of the country, they can be defined as second-class citizens.^[10]

1. (Constitution of India) <https://indiankanoon.org/doc/237570/> accessed 25 June 2024 ↑

2. (The Citizenship Act, 1955) <https://indiankanoon.org/doc/305990/> accessed 21 June 2024 ↑

3. 1984 AIR 1420, 1984 SCR (3) 942 ↑

4. (Dr. Pradeep Jain etc vs Union of India and Ors. ETC on 22 June, 1984) <https://indiankanoon.org/doc/434106/> accessed 20 June 2024 ↑

5. writ petition (civil) 131 of 2000 ↑

6. (Sarbananda Sonowal vs Union of India & ANR on 12 July, 2005) <https://indiankanoon.org/doc/907725/> accessed 20 June 2024 ↑

7. AIR 1966 SC 1614 ↑

8. (Kulathil Mammu vs the state of Kerala on 2 March, 1966) <https://indiankanoon.org/doc/887029> accessed 20 June 2024 ↑

9. Nath K, ‘Citizenship Act of India: Meaning, Controversies and Cases’ <https://blog.finology.in/Legal-news/citizenship-act-of-india> accessed 20 June 2024 ↑

10. S S, ‘Difference between Nationality and Citizenship (with Comparison Chart)’ (Key Differences, 3 February 2020) <https://keydifferences.com/difference-between-nationality-and-citizenship.html> accessed 21 June 2024 ↑