Constitutional Debate on Citizenship

Introduction

The Constituent Assembly of India debated citizenship on August 10 and 11, 1949. The main discussion was whether citizenship should be based on jus soli, which is acquired by birth on the nation’s soil, or jus sanguinis, which is based on descent or parental nationality. The framers of the Indian constitution ultimately chose jus soli, which Sardar Vallabhbhai Patel described as a “modern, civilized” and democratic form of citizenship.

Topics Discussed during debate

Key points on the constitutional debate on citizenship in India in 1949:

Birthright Citizenship: There was a debate on whether citizenship should be granted based on birth within the territory of India, following the jus soli principle.
Descent: Some argued for citizenship based on descent, meaning individuals born to Indian parents regardless of their place of birth would automatically become citizens.
Domicile: Another viewpoint was to grant citizenship to those who had a permanent home or residence in India, regardless of their place of birth or parentage.
Minority Rights: The debate also addressed concerns about protecting the rights of religious and linguistic minorities in the citizenship provisions.
Dual Citizenship: There were discussions on whether India should allow dual citizenship, particularly for individuals who migrated to other countries but maintained strong ties to India.
Registration and Naturalization: The Constituent Assembly considered provisions for citizenship through registration or naturalization, allowing immigrants to become citizens after meeting certain criteria.
Refugees: The issue of citizenship for refugees who had fled to India during the partition of 1947 was also a significant aspect of the debate.
Equality: The principle of equality before the law was emphasized, ensuring that citizenship provisions did not discriminate on the basis of gender, religion, caste, or other factors.
Territorial Jurisdiction: There were discussions on whether certain territories, such as princely states acceding to India, would automatically confer citizenship to their residents.
Future Amendments: The Constituent Assembly also considered the flexibility of the citizenship provisions to accommodate future changes and amendments as the country evolved.

These points reflect the complex and multifaceted nature of the constitutional debate on citizenship in India during its formative years.

Sample of Debate on 11 August 1949

For complete debate of 11 August 1949 click here

Outcome and Constitutional Provisions of the debate

The outcome of the constitutional debate on citizenship in India in 1949 resulted in the adoption of specific provisions within the Constitution of India. Here are the constitutional provisions that emerged from the debate:

Jus Soli Principle: Article 5 of the Indian Constitution establishes citizenship based on birth in India. It states that anyone born in India on or after January 26, 1950, but before the commencement of the Constitution, is considered a citizen of India by birth.
Descent: Article 6 of the Constitution provides for citizenship by descent. It states that a person born outside India on or after January 26, 1950, shall be a citizen of India by descent if their father was a citizen of India at the time of their birth.
Domicile: Article 7 deals with citizenship by domicile. It states that a person shall be deemed to be a citizen of India by domicile if they reside in the territory of India and have resided in the country for at least five years immediately preceding the commencement of the Constitution.
Registration: Article 8 allows for citizenship by registration. It empowers the Indian government to register any person as a citizen of India if they fulfill certain conditions specified in the law.
Naturalization: Article 9 provides for citizenship by naturalization. It states that any person who is not a citizen of India and has migrated to India can become a citizen through naturalization by fulfilling the conditions laid out in the Indian Citizenship Act.
Special Provisions: Articles 10 to 11 contain special provisions regarding citizenship for individuals who migrated to Pakistan after the partition of India in 1947, safeguarding their rights to Indian citizenship under certain circumstances.

These constitutional provisions reflect the compromise and consensus reached during the debates in the Constituent Assembly regarding the criteria for acquiring Indian citizenship, encompassing principles of birthright, descent, domicile, registration, and naturalization.