The Supreme Court has clarified that it is not the right of the Election Commission to decide the citizenship of a person. The role of the Commission is limited only to the management of the voter list. Citizenship does not end even if the name is removed from the voter list. In India, the final authority to decide the citizenship of a person lies with the Central Government (Union Home Ministry). Under Article 11 of the Constitution, Parliament has full power to regulate the rights of citizenship by law. On this basis, Citizenship Act-1955 has been implemented.
- legal process: Any dispute related to citizenship can be settled only by the competent authority under the ‘Citizenship Act’.
- Constitutional Provisions: Article 11 of the Indian Constitution gives the Parliament the exclusive power to make laws on the acquisition, termination and all other matters related to citizenship.
- Central List: Citizenship is entirely a subject of the Central Government. State legislatures have no authority to make laws on this.
- Citizenship Act-1955: By using this power, Parliament had enacted the Citizenship Act-1955.
Main grounds for determining citizenship
- from birth
- hereditary
- by registration
- naturalization / naturalization
- On joining the territory (If a new territory becomes part of India, the central government decides the citizenship of the people there)
Important clarification: The Supreme Court and various government notifications have clarified some important things regarding citizenship-
Identity card is not proof of citizenship: Aadhar Card, Voter ID and Passport are only identity cards or travel documents, they are not final proof of citizenship.
Competent Authority: Any dispute or claim relating to citizenship can be adjudicated only by the Ministry of Home Affairs under the Citizenship Act or by a judicial tribunal prescribed by law.
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