Single Citizenship
Though the Indian Constitution is federal and envisages a dual polity (Centre and 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 USA and
Switzerland, on the other hand, adopted the system of double citizenship.
In USA, each person is not only a citizen of USA but also of the particular state to which he belongs.
Thus, he owes allegiance to both and enjoys dual sets of rights—one set conferred by the national
government and another by the state government. This system creates the problem of discrimination,
that is, a state may discriminate in favour of its citizens in matters like right to vote, right to hold
public offices, right to practice professions and so on. 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.
However, this general rule of absence of discrimination is subject to some exceptions, viz,
1. The Parliament (under Article 16) can prescribe residence within a state or union territory as
a condition for certain employments or appointments in that state or union territory, or local
authority or other authority within that state or union territory. Accordingly, the Parliament
enacted the Public Employment (Requirement as to Residence) Act, 1957 and thereby
authorised the Government of India to prescribe residential qualification only for appointment
to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura. As this
Act expired in 1974, there is no such provision for any state except Andhra Pradesh.5
2. The Constitution (under Article 15) prohibits discrimination against any citizen on grounds of
religion, race, caste, sex or place of birth and not on the ground of residence. This means that
the state can provide special benefits or give preference to its residents in matters that do not
come within the purview of the rights given by the Constitution to the Indian citizens. For
example, a state may offer concession in fees for education to its residents.
3. The freedom of movement and residence (under Article 19) is subjected to the protection of
interests of any schedule tribe. In other words, the right of outsiders to enter, reside and settle
in tribal areas is restricted. Of course, this is done to protect the distinctive culture, language,
customs and manners of schedule tribes and to safeguard their traditional vocation and
property against exploitation.
4. In the case of Jammu and Kashmir, the state legislature is empowered to define the persons
who are permanent residents of the state and confer any special rights and privileges in
matters of employment under the state government, acquisition of immovable property in the
state, settlement in the state and scholarships and such other forms of aid provided by the state
government.6
The Constitution of India, like that of Canada, has introduced the system of single citi-zenship and
provided uniform rights (except in few cases) for the people of India to promote the feeling of
fraternity and unity among them and to build an integrated Indian nation. Despite this, India has been
witnessing the communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes.
Thus, the cherished goal of the founding fathers and the Constitution-makers to build an united and
integrated Indian nation has not been fully realised.
Though the Indian Constitution is federal and envisages a dual polity (Centre and 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 USA and
Switzerland, on the other hand, adopted the system of double citizenship.
In USA, each person is not only a citizen of USA but also of the particular state to which he belongs.
Thus, he owes allegiance to both and enjoys dual sets of rights—one set conferred by the national
government and another by the state government. This system creates the problem of discrimination,
that is, a state may discriminate in favour of its citizens in matters like right to vote, right to hold
public offices, right to practice professions and so on. 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.
However, this general rule of absence of discrimination is subject to some exceptions, viz,
1. The Parliament (under Article 16) can prescribe residence within a state or union territory as
a condition for certain employments or appointments in that state or union territory, or local
authority or other authority within that state or union territory. Accordingly, the Parliament
enacted the Public Employment (Requirement as to Residence) Act, 1957 and thereby
authorised the Government of India to prescribe residential qualification only for appointment
to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura. As this
Act expired in 1974, there is no such provision for any state except Andhra Pradesh.5
2. The Constitution (under Article 15) prohibits discrimination against any citizen on grounds of
religion, race, caste, sex or place of birth and not on the ground of residence. This means that
the state can provide special benefits or give preference to its residents in matters that do not
come within the purview of the rights given by the Constitution to the Indian citizens. For
example, a state may offer concession in fees for education to its residents.
3. The freedom of movement and residence (under Article 19) is subjected to the protection of
interests of any schedule tribe. In other words, the right of outsiders to enter, reside and settle
in tribal areas is restricted. Of course, this is done to protect the distinctive culture, language,
customs and manners of schedule tribes and to safeguard their traditional vocation and
property against exploitation.
4. In the case of Jammu and Kashmir, the state legislature is empowered to define the persons
who are permanent residents of the state and confer any special rights and privileges in
matters of employment under the state government, acquisition of immovable property in the
state, settlement in the state and scholarships and such other forms of aid provided by the state
government.6
The Constitution of India, like that of Canada, has introduced the system of single citi-zenship and
provided uniform rights (except in few cases) for the people of India to promote the feeling of
fraternity and unity among them and to build an integrated Indian nation. Despite this, India has been
witnessing the communal riots, class conflicts, caste wars, linguistic clashes and ethnic disputes.
Thus, the cherished goal of the founding fathers and the Constitution-makers to build an united and
integrated Indian nation has not been fully realised.
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