Provincial Citizenship

The term Provincial Citizenship is gaining attention in academic and policy debates, particularly in the context of domicile policies in states like Jharkhand, Jammu and Kashmir (J&K), and Assam. This emerging concept signals a shift toward more exclusionary and nativist politics that may challenge India's constitutional ideal of singular, equal Indian citizenship.

What is Provincial Citizenship?

Provincial Citizenship is a politically constructed, unofficial notion that ties an individual’s rights and identity to a specific Indian state. This idea is rooted in nativist politics, focusing on being "native," "indigenous," or "local" — often framed as the "son of the soil." While it’s not enshrined in the Indian Constitution, it is gaining political traction as a way to give special privileges to "locals" over migrants or outsiders. This concept directly challenges Articles 5–11 of the Indian Constitution, which guarantee a singular, national citizenship for all Indian citizens.

Overview of Indian Citizenship

Indian citizenship is the legal status of being a recognized member of the Indian state. It is governed by the Indian Constitution and the Citizenship Act of 1955, which establishes a single, uniform national citizenship for all Indian citizens, irrespective of the state they reside in.

1. Constitutional Framework

• Articles 5–11 of the Indian Constitution outline the provisions for citizenship at the time of the Constitution's commencement on January 26, 1950. These articles focus on the acquisition of citizenship at the time of independence and set the foundation for future citizenship laws.

• Article 5 specifically addresses who is a citizen of India, based on domicile, birth, or residence in India at the time of the Constitution's enactment.

• Article 11 grants Parliament the authority to enact laws on matters relating to the acquisition, determination, and termination of Indian citizenship, which led to the Citizenship Act of 1955.

2. Categories of Citizenship: Citizen vs. Alien

The Indian population is divided into two categories:

• Citizens of India: These individuals are full members of the Indian state and enjoy civil and political rights under the Constitution.

• Aliens: These are individuals from other countries. There are two types of aliens:

  • Friendly aliens: Citizens of countries that have friendly relations with India.

  • Enemy aliens: Citizens of countries at war with India.

3. Rights of Indian Citizens

Indian citizens are granted several rights, including:

• Article 15: Right against discrimination based on religion, race, caste, sex, or place of birth.

• Article 16: Right to equal opportunities in public employment.

• Article 19: Right to freedom of speech, assembly, association, movement, residence, and profession.

• Articles 29 and 30: Protection of cultural and educational rights.

• Voting Rights: Citizens have the right to vote and contest elections.

• Eligibility for Public Offices: Citizens are eligible to hold significant public offices like the President and Vice-President of India.

Additionally, Fundamental Duties are outlined in Part IV-A of the Constitution, where citizens are expected to promote patriotism and unity.

4. Single Citizenship

Despite India's federal structure, it operates under a system of single citizenship. Unlike countries like the USA, which offer dual citizenship, India only recognizes Indian citizenship, and there is no provision for holding dual citizenship.

5. National Register of Citizens (NRC)

The NRC is a registry of Indian citizens. While the original NRC was prepared in 1951, only Assam currently maintains an NRC. The NRC in Assam aims to identify foreign nationals residing in the state, particularly from Bangladesh.

6. Citizenship Provisions (Articles 5-11)

These articles lay out the initial guidelines for Indian citizenship:

• Article 5: Citizenship is granted to persons who were domiciled in India at the time of the Constitution's commencement.

• Article 6: Provides citizenship to individuals who migrated from Pakistan to India.

• Article 7: Grants citizenship to certain migrants to Pakistan.

• Article 8: Confers citizenship to persons of Indian origin living outside India.

• Article 9: Disqualifies individuals who voluntarily acquire foreign citizenship from being Indian citizens.

• Article 10: Ensures continuity of citizenship for those who were Indian citizens at the time of the Constitution's commencement.

• Article 11: Grants Parliament the authority to legislate on all citizenship matters.

7. Acquisition of Citizenship (Under the Citizenship Act, 1955)

Indian citizenship can be acquired through various methods:

• By Birth: A person born in India to Indian parents or in India with certain conditions.

• By Descent: A person born outside India can acquire citizenship if their parents are Indian citizens.

• By Registration: Individuals of Indian origin who have resided in India for at least 7 years or married to an Indian citizen can apply.

• By Naturalization: The Central Government may grant citizenship to foreign nationals who meet specific criteria.

• By Incorporation of Territory: People in newly incorporated territories are granted citizenship as determined by the Central Government.

8. Loss of Citizenship

Citizenship can be lost through three methods:

• Renunciation: An individual may voluntarily renounce their Indian citizenship.

• Termination: Indian citizenship is automatically terminated if a person acquires citizenship of another country.

• Deprivation: The government can revoke citizenship for individuals who obtained it through fraud or engaged in activities harmful to India's interests.

9. Overseas Citizenship of India (OCI)

OCI is a special status granted to individuals of Indian origin who are citizens of other countries. It offers certain benefits, including:

• Right to live and work in India indefinitely.

• Exemptions from visas for travel to India.

• Right to own property in India (except agricultural land).

However, OCI holders do not have voting rights, cannot hold public office, or own agricultural land in India.

10. Special Provisions: Assam Accord

The Citizenship (Amendment) Act of 1985 clarifies citizenship rights for those who migrated to Assam before January 1, 1966. Migrants arriving after this date but before March 25, 1971, must register themselves, with provisions related to their rights depending on when they arrived.

11. Amendments to the Citizenship Act

One of the most controversial amendments in recent times is the Citizenship (Amendment) Act (CAA), 2019. The Act offers Indian citizenship to non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. The CAA has generated significant political debate and protests over concerns of discrimination against Muslims and its potential impact on India's secular fabric.

Reasons Behind the Rise of Provincial Citizenship Demand

Several factors are driving the rise of Provincial Citizenship in India:

1. Economic Competition: Many locals fear that migrants, especially from other states, are taking away jobs and access to limited resources like land and public services. Provincial Citizenship aims to give priority to locals, ensuring they benefit first.

2. Cultural Anxiety: With the influx of people from other regions, locals sometimes perceive a threat to their language, traditions, and cultural homogeneity. Provincial Citizenship is seen as a way to preserve the unique identity of indigenous groups and protect their land and resources.

3. Political Vacuum: The lack of a central law to regulate State-level domicile rules and uniformity in these policies across the country has led to political tensions. States like Assam and J&K have been pushing for domicile policies that restrict access to jobs and education for non-locals, thus fueling the debate over Provincial Citizenship.

Provincial Citizenship vs. National Citizenship

Concerns Associated with Provincial Citizenship

While provincial citizenship may serve to address local insecurities, it presents several concerns:

1. Fragmentation of Citizenship: The concept erodes the unity of Indian citizenship by creating layered identities—one based on national citizenship and another based on state-level identity. This undermines the constitutional guarantee of equality and a singular national identity.

2. Constitutional Tensions: Provinces may introduce domicile-based rules that violate fundamental rights (Articles 14, 15, 16, and 19). For example, rules that restrict employment, education, and welfare benefits to locals may conflict with the right to equality and freedom of movement, which are central to India's Constitution.

3. Exclusion of Migrants: Internal migrants—who move between states for work or family reasons—may face significant challenges accessing jobs, housing, education, and other public services in host states. This could deepen inequality and limit opportunities for millions of Indians.

4. Rise of Nativist Politics: Provincial Citizenship often feeds into “sons of the soil” movements, promoting exclusionary rhetoric and xenophobic attitudes against migrants. This could lead to regionalism, hostility toward outsiders, and tensions between states.

5. Judicial Burden: The introduction of domicile policies across various states has led to an increase in litigation over their validity and implementation. Courts, already overwhelmed with cases, could face a further surge in challenges to such policies, straining the judicial system.

6. Economic Slowdown: Restricting migrant labor can result in a reduction of workforce mobility, which could impact productivity, especially in urban economies that rely heavily on migrants for various jobs.

What Reforms Are Needed?

To address these concerns and balance state autonomy with national citizenship, several reforms can be considered:

1. Parliamentary Legislation on Domicile: The States Reorganisation Commission (SRC) of 1955 recommended that domicile rules be standardized through national legislation. This would ensure that states cannot override fundamental rights or impose undue restrictions on internal migration.

2. Strengthen Migrant Protections: Expanding protections for migrants is crucial. For example, the One Nation One Ration Card system could be extended to other welfare benefits like healthcare, housing, and employment, ensuring that migrants enjoy equal rights irrespective of their state of residence.

3. Balanced Federalism: While States should have the freedom to implement residence-based benefits, such policies should not deny core rights such as equality, freedom of movement, and access to public services. States could be allowed limited scope for implementing domicile-based benefits without infringing on fundamental rights.

4. Election Commission Oversight: The Election Commission should regulate political campaigns that rely on “sons of the soil” rhetoric, ensuring that parties do not encourage xenophobia or regionalism. Inclusive safeguards could be built into political party recognition and funding rules.

5. Public Awareness and Social Integration: Launching campaigns that highlight the contributions of migrants to urban economies can help reduce xenophobia and foster greater social integration. Such campaigns should promote the idea that migration is integral to India’s growth and diversity.

Conclusion

While Provincial Citizenship may offer a sense of security and identity to local communities, it poses significant risks to the unity and equality of the Indian state. The concept challenges the constitutional guarantee of one nation, one citizenship, and may lead to greater fragmentation and exclusion. To ensure the principles of unity, diversity, and inclusivity, it is crucial that India reaffirms the singular, equal citizenship enshrined in the Constitution, while also addressing the legitimate concerns of local populations.