National Identity And Citizenship: Exploring Legal Framework And Challenges by - Adrija Patitundi & Suhani Rai
NATIONAL IDENTITY
AND CITIZENSHIP: EXPLORING LEGAL FRAMEWORK AND CHALLENGES
AUTHORED BY - ADRIJA PATITUNDI & SUHANI RAI
BALLB (hons), School of Law
Christ (Deemed to Be University) Delhi NCR
ABSTRACT
The research explores at the intricate
interplay between national identity,
citizenship, and the corresponding legal frameworks and challenges. The concept of national identity
serves as the foundation in shaping policies
and practices related to citizenship, exerting significant influence on a nation's socio-political landscape.
National identity emerges from association with the national group, and its
distinctive qualities are established by the nation. Citizenship is regarded a dynamic construct
and should be viewed as a 'process'
through which certain
rights and obligations are performed. While citizenship and national
identity are interconnected, they represent distinct aspects of belonging and membership within a nation-
state. Through an exploration
of the legal frameworks governing citizenship in various jurisdictions, this research aims to unravel
the complexities surrounding the acquisition, maintenance, and revocation of citizenship rights. Additionally, the
study investigates the multifaceted challenges confronting these legal
frameworks, ranging from issues of inclusivity and discrimination to concerns regarding security and sovereignty with special reference to The Citizenship (Amendment) Act, 2019.
In the era of globalization, there are many evolving
issues regarding national identity and theses challenges needs to be addressed. By
studying these dynamics, the research seeks to shed light on the implications
for individuals' rights, societal cohesiveness, and the
broader discussion of national belonging.
Ultimately, this research contributes to a
better understanding of the tangled relationship between national identity, citizenship,
and the legal procedures used in navigating the complexities of modern societies.
Keywords: National
Identity, Citizenship, Legal Framework, Citizenship Rights, Citizenship (Amendment) Act
2019, Globalization, Societal Cohesiveness
INTRODUCTION
The word "national identity" refers to features of collective
self-perception, sensibility, and conduct
shared by people living in nation-states. It emphasizes psychological and
cultural homogeneity among each
country's people, as well as the concept that each nation may be seen as a collective individual, with
characteristics identical to the real individuals that reside there.[1]
Understanding the social force of feelings of national belonging has returned
to this expression, which was first
defined in Europe in the second half of the eighteenth century. In India, national identity has evolved in
a complicated and diversified manner, affected by a long history, many cultures, and substantial political and social developments.
India is well-known for its enormous cultural variety, which includes a
wide range of languages, religions, traditions, and ethnicities. The concept of unity in variety is essential to India's
national identity, emphasizing that, despite differences, there is a common
sense of belonging to the country.
The Indian independence movement promoted solidarity and collective opposition to colonial control, eventually
culminating in the foundation of an independent
Indian country in 1947.Identities are always developing, and identity development occurs even today. There are also gender identities, which have evolved
from a binary concept to a more complex one. The meaning associated
with national emblems and flag
designs, national bird selections, and national song lyrics. People associate
symbols, colours, and words. They
have the ability to inspire and bring people together. Countries frequently adopt new emblems
when new nation-states establish or after they lose a war.
National identity is a means of defining culture through these limited,
essentialized notions of 'being'. Being is
associated with 'belonging'
in concepts of citizenship.
Citizenship is defined as a legal/formal position that comprises having a
certain nationality, possessing a
passport, and derived from this status, enlightenments and claims,
constitutional rights, as well as specified obligations and responsibilities[2]. The concept of citizenship,
however, extends beyond the legal-formal
framework to imply substantive membership in the political society. The reasons behind the rise of citizenship
studies are unquestionably linked to
the more general conditions known as "post modernization" and
"globalization," as well as their
specific manifestations, which include the reorganization of classes, the rise
of new international government
regimes, new political rationalities, and new regimes of capital accumulation. Amidst these developments, there is a pressing need to reconsider the new social
movements and their struggles for recognition and redistribution as political subjects.
Important social issues including homelessness, environmental injustices, immigration, refugees, and indigenous peoples' status have all become more
widely communicated through the language
of rights and responsibilities and, by extension,
citizenship.
This study broadens our comprehension of the complex link of citizenship,
national identity and the legal
procedures needed to navigate the complexity of modern society. The research methodology is primarily doctrinal
involves the systematic study and analysis
of legal principles, doctrines statutes, journals to explore and develop a particular
arguments and conclusion. Data sources, such as websites, journals, and
research papers, are also used in the research.
NATIONAL IDENTITY AND ITS SIGNIFICANCE
A person's national identity is shaped by their interactions with other
people and groups. It is social in nature, having
been formed through
social interaction, but it is also political in nature, having been collectively assigned to
individuals through highly organized processes, political structures, and means.
As a political ideology, nationalism shapes and denotes
national identity. In modern times,
nationalism is a common philosophy that has greatly
impacted people's sense
of national identity. Thus, nationalism and the national
state must be taken into account in order to examine national identity.
Nationalism, thus, is crucial to understanding national identity. “If we understand nationalism to consist
of cognitive and discursive practices that enact and perpetuate a common-sense understanding of the nation-state as a natural
cultural and political
entity, then we can ask how such practices came to be taken for granted in the first place (as do scholars of nation-building) and how
and when they are evoked in political claims-making and to what ends
(as do scholars of political
discourse).”[3]
Nationalism
is a movement among nations and ethnic groups seeking political expression in their 'nation-state' as well as global
recognition of independence and autonomy. The concept of "self-determination" refers to both liberation
nationalisms and separatist movements by ethnic
groups and minorities inside existing national entities desiring autonomy.
Nationalism is a movement aimed at
expanding and glorifying existing national states. Nationalism contributes significantly to shaping and strengthening
national identity by fostering a sense of belonging, cultural
cohesion, historical
narratives, shared values, political unity, and responses to external threats.
It is through these processes that individuals develop
a strong attachment to their nation
and identify themselves belonging to a particular nation.
The significance of national identity lies in
its role in shaping individual and collective
identities, fostering unity and solidarity, promoting social cohesion,
and providing a sense of belonging
and purpose within a nation[4]. It creates a shared sense of community, culture, and heritage that connects people across
diverse backgrounds and experiences. National identity helps preserve and promote a nation's cultural heritage,
traditions, language, and customs. It reinforces the importance of cultural diversity
and fosters pride in shared cultural achievements, contributing to the
preservation of cultural identities within the globalized world.
A strong national identity contributes to
political stability by promoting loyalty to the nation- state and fostering trust in governmental institutions. It
enhances social cohesion and reduces the
likelihood of internal conflicts or separatist movements. It inspires citizens
to contribute positively to society, engage in civic participation, and work towards common goals such as
economic growth,
social justice, and environmental sustainability. National identity shapes a nation's
interactions with other countries and influences its foreign policy decisions. It contributes to the formation
of national interests, diplomatic relations, and alliances, as well as the
projection of soft power and cultural diplomacy on the global stage.India's
status as the world's largest
democracy demonstrates its adherence to democratic concepts such as free and fair elections, rule of law, fundamental
rights, and pluralistic governance. The democratic process is important to India's national identity, allowing
citizens to help shape the country's destiny.
RELATIONSHIP BETWEEN
NATIONAL IDENTITY AND CITIZENSHIP
The relationship between national identity and citizenship is complex and
interrelated, with both ideas influencing and reinforcing one another in the framework
of a nation state. This can contribute to a more harmonious and
cohesive society. National identity and citizenship are strongly intertwined. National identity is a sense of belonging
and affiliation with a certain nation
or country. It includes common ideals, customs, languages, and cultures.
Citizenship, on the other hand, is a
legal position that confers certain rights and duties within a nation. It represents national citizenship and encompasses privileges such as voting
and legal protection. Thus, national identification forms our sense of belonging,
whereas citizenship formalizes our legal standing inside a nation.
National identity and citizenship support one another. Individuals who
strongly identify with their
nationality are more likely to actively participate in civic life, fulfil their
obligations as citizens, and contribute to their country's well-being. Citizenship, in turn, provides
individuals with a legal framework
through which to defend and promote their national identity,
guaranteeing that they have a say in defining the nation's destiny. A
strong national identity can help immigrants and minorities integrate into the larger national community. When newcomers
have a shared sense of identity with the dominant population, they may find it simpler to integrate
culturally, linguistically, and socially, shortening the route to citizenship.
Citizenship laws and policies promote secularism and equality, making it
simpler for people from all origins to adapt into Indian culture
and get citizenship[5].
National identity and citizenship are frequently fostered
by educational institutions and socialization processes. Citizenship education helps to convey
the ideals, history,
and symbols connected with national identity to
future generations. Education helps to shape active and involved citizens who identify with their national community by
providing an awareness of their
rights and obligations. National education systems emerged during the
state-forming process. A contemporary
nation state. Modern education emerged as a means for rulers to establish their legitimacy and carry on
their national identity. The history of citizenship education parallels that of contemporary state creation.
Citizenship education is influenced by the
construction of national ideology and identity, as well as the needs and future
demands of the nation. Citizenship is a person's
primary identity, regardless of their nationality, socioeconomic rank, or cultural background. He must confront the
country as a citizen. Citizenship
education may foster identity and a sense of belonging among citizens. It helps citizens identify with the national
structure, essential values, and sense of responsibility to the country. These are significant things that shape residents' identity
with their nation.
Citizenship education aims to
foster a strong feeling of national identification among citizens.
LEGAL FRAMEWORKS GOVERNING CITIZENSHIP
Citizenship is an expression of a person's
relationship with the state. Citizens
are full members
of the Indian State and must pledge loyalty to it. They have full civil
and political rights. Citizenship is granted under two widely accepted principles: While "jus sanguinis" acknowledges blood ties, "jus soli" awards citizenship
purely based on birthplace[6]. According to the Constitution, citizenship is included
in the Union List and falls solely under the purview of Parliament. The term "citizen" is not
defined in the Constitution; nonetheless, Part 2 of the constitution provides information on the various
categories of people who qualify
for citizenship (Articles 5 to 11). Articles related
to citizenship and its subject
matter are discussed below-
Article 5 deals
with Citizenship at the commencement of the constitution
Article 6 conferred citizenship rights for certain individuals who came
to India from Pakistan. Article 7 conferred citizenship rights to certain migrants to Pakistan.
Article 8 guaranteed citizenship rights to certain people of Indian
heritage who live outside of India.
Article 9 Provided that any person who willingly acquires citizenship of
a foreign state is no longer a citizen
of India.
Article 10 deals
with continuance of rights of citizenship
Article 11 enables Parliament to establish any legislation concerning the
acquisition and termination of citizenship.
The Citizenship Act of 1955 governs the acquisition and determination of
Indian citizenship. Indian citizenship can be obtained
in four ways: through birth, descent, registration, or naturalization. The provisions
are mentioned under the Citizenship
Act of 1955.
·
By birth: Individuals born in India
on or after January 26, 1950, are considered citizens
if one of their parents
is a citizen of India
or if the person is not an illegal migrant
at the time of birth.
·
By descent:
Individuals born outside
India on or after January
26, 1950, are considered citizens
if their parents are Indian citizens.
·
By registration: Certain categories of individuals, such as persons
of Indian origin, can acquire citizenship by registering themselves
with the relevant authorities.
·
By
naturalization: Foreign nationals who meet specific requirements and have lived
in India for a predetermined amount
of time are eligible to apply for citizenship through naturalization.
TERMINATION OF CITIZENSHIP
·
Renunciation: Individuals who hold Indian citizenship and acquire citizenship of another country
can renounce their Indian citizenship. This process typically involves submitting an application to the
appropriate authorities, such as an Indian embassy or consulate abroad. Once renunciation is approved, the individual is no longer
considered an Indian citizen.
·
Deprivation:
Indian citizenship can be deprived if an individual acquires citizenship of another country through naturalization
and is subsequently found to have obtained it
through fraud, false representation, or concealment of material facts.
In such cases,
the Indian government may revoke the
individual's Indian citizenship.
·
Termination:
If an Indian citizen knowingly or willingly takes up citizenship in any foreign
nation, their Indian
citizenship may be revoked.
The Act prohibits dual citizenship or nationality. It only confers
citizenship to people who meet the
qualifications listed above, which include birth, descent, registration,
naturalization, and territorial
incorporation. The statute has been updated six times, in 1986, 1992, 2003,
2005, 2015, and 2019.Parliament's changes
have narrowed the broad and universal ideas of citizenship based on birth.
2003 Amendment made the above condition more stringent, keeping in view
infiltration from Bangladesh. With these restricted revisions, India has nearly reached
the limiting notion
of jus sanguinis, or blood kinship. This states that even if an
illegal migrant has been in India for seven years, he cannot obtain
citizenship through naturalization or registration. The Citizenship (Amendment) Act, 2015, amended the laws
pertaining to Overseas Citizens of India (OCI) in the Principal Act. It has launched a new system named "Overseas Citizen of India Cardholder" that combines
the Persons of Indian Origin (PIO) and OCI card schemes.
Citizenship Act of 1955 remains the primary statute controlling
citizenship concerns in India. It
has far-reaching implications for both those seeking citizenship and the
country's overall demographic
composition and identity. While the
Citizenship Act of 1955 established a legislative
foundation for citizenship issues in India, current arguments have centred on
the Citizenship Amendment Act of
2019, which altered some aspects of the 1955 Act. The 2019 amendment
has been controversial owing to its clauses about citizenship for persecuted minorities from neighbouring countries.
THE CITIZENSHIP (AMENDMENT) ACT, 2019
The Citizenship (Amendment) Act, 2019, often
abbreviated as the CAA, is a controversial piece
of legislation enacted by the Indian Parliament on December 12, 2019. The
primary objective of the CAA is to
grant Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian immigrants who entered India
from Afghanistan, Bangladesh, and Pakistan on or before December 31, 2014, due to religious persecution or fear
of persecution7. Notably, the Act excludes Muslims
from its purview,
leading to allegations of religious discrimination. The CAA is part of a broader discourse on immigration and
citizenship in India, particularly in relation to the country's religious minorities.
The CAA has been widely
criticized both domestically and internationally for several reasons.
The CAA contradicts the Assam Accord of 1985, which aimed to identify
and deport illegal immigrants,
irrespective of their religion, who entered Assam after March 24, 1971.The Act has raised concerns about
the implementation of the National
Register of Citizens
(NRC) across
India, which could potentially render
millions of people stateless, especially those who lack documentation or belong to
marginalized communities.
Many other South Asian groups, including as
Rohingya Muslims, Sri Lankan Tamils, Bhutanese, and Shias, will be barred with
no justification under the discriminatory 2019 amendment. These neighbourhoods’
tribe, too, have endured hardships as a consequence of their religious
identities, and many are seeking refuge in India, their largest neighbour
country. Although the amendment seeks to protect individuals facing
persecution, it fails to recognize and expand these safeguards to include the
Rohingyas, who are widely regarded as the most persecuted minorities in the
world and have UN refugee status, in addition to the Sri Lankan Tamils, who
make up India's largest refugee community.
The CAA has faced multiple legal challenges
in Indian courts, with various petitions filed
questioning its constitutionality and compatibility with fundamental
rights guaranteed by the Indian
Constitution, including the right to equality and non-discrimination. One of
the main reasons against
the CAA is that it breaches Article
14 of the Indian Constitution, which ensures equal treatment under the law and
prohibits discrimination based on religion, race, caste, gender, or place of birth. Advocates claim that by giving
preferential treatment to certain religious organizations while excluding others,
the CAA discriminates against Muslims,
violating the concept of equality.. They contend that by potentially
rendering individuals stateless or
subjecting them to persecution based on their religion, the Act threatens their fundamental rights to life and liberty.
India's Constitution enshrines secularism as one of its fundamental principles. Critics argue that the CAA undermines
this secular character by favouring
specific religious communities and creating a religious criterion for
citizenship, which goes against the
spirit of secularism. These legal challenges highlight the contentious nature of the Citizenship Amendment Act
and the complex legal and constitutional issues surrounding it. The resolution of these challenges will depend
on judicial interpretations and decisions regarding the constitutionality of the
CAA.
CHALLENGES
In this globalized society,
people frequently form transnational identities and connections that go beyond traditional concepts
of national identity
and citizenship. Globalization promotes increasing connection and cultural interaction, causing people to form numerous
identities that go beyond their country membership.
People may identify with a variety of cultural, ethnic, religious, or ideological groups, making it difficult to define
their loyalty purely on the basis of
citizenship. Global citizens may emphasize concerns such as human rights,
environmental sustainability, and social justice,
extending their advocacy
and activity beyond national borders.8
The alignment of national identity and citizenship can result in
exclusionary practices, in which
certain groups in society are sidelined or denied full citizenship rights due to
perceived disparities in national identity.
This can increase
societal divisions and inequities, compromising the concepts of inclusion and equity. Conflicting perceptions of national
identity can exacerbate
ethnic and cultural tensions within society. Disagreements about who belongs to the national community and who is
eligible for citizenship can cause tensions and violence, especially in ethnically diverse or
multi-ethnic nations. National identity and citizenship can become politicized, resulting in societal
differences and polarization. Politicians may use nationalist emotions to seek political advantage, heightening
social tensions and weakening democratic
values. When politicians abuse nationalist emotions for political benefit, they
may damage marginalized groups'
rights and freedoms, degrade democratic institutions, and limit civic participation.
Citizenship rules that are viewed as unjust or discriminatory have the
potential to undermine faith in
government institutions and democratic processes. When people feel marginalized
or excluded from full involvement in
society, they may lose faith in their national identity and question
their loyalty to the nation-state. Statelessness occurs when individuals are not considered citizens by any country. This can result from various
factors, including discriminatory citizenship laws, gaps in
birth registration systems, migration, and conflicts. Stateless individuals face significant challenges in accessing
basic rights and services, such as education,
healthcare, and employment. Migration, whether forced or voluntary, presents challenges to citizenship regimes. Refugee
crises, conflicts, and economic disparities often compel people to seek refuge or opportunities in other
countries. Citizenship laws may not always
accommodate the needs of migrants and refugees, leading to issues of legal
status, integration, and protection.
DISCUSSION
Citizenship rules strike a balance between inclusion and exclusivity.
Citizenship laws should be inclusive,
providing equal rights and opportunities to all people, regardless of
background. They express
concern about exclusionary rules that could discriminate against
specific groups, such as religious minorities or
marginalized populations. Citizenship rules should protect the nation's secular foundation by treating
all people equally, regardless of faith. They express concerns about aspects that could weaken India's secular
citizenship regime. Citizenship laws should
not discriminate against religion,
caste, gender, or other social
factors. They shall adhere to the values of equality and
non-discrimination stated in the Indian Constitution. Providing easy access to citizenship for eligible
residents, including refugees, stateless people, and expedite the naturalization process for those who meet the
criteria should be taken into consideration, citizenship laws must comply with international human rights norms and commitments, such as the Universal
Declaration of Human Rights and the Convention on the Rights of the Child
India's citizenship laws are complex
and have been a subject
of intense debate and controversy. The crisis of national identity is one of the most significant
challenges among native people, also
known as tribes, which are the primary units of every indigenous group. Today,
this catastrophe has spread beyond
the Indian subcontinent, threatening human and other forms of life on this planet. National identity
crises can occur when citizenship rules create exclusions or divisions within a society, causing
people or groups to doubt their feeling of belonging and identity within the country. These crises frequently occur when citizenship laws are viewed as discriminatory, unjust, or arbitrarily
applied. Identity crises can have serious implications, including social unrest,
political instability, psychological pain, and emotions
of exile. Addressing these difficulties frequently
necessitates a combination of legal reforms, social inclusion measures, and attempts to encourage discussion and
understanding among various populations across the country.While the government argues
that these laws are aimed at
protecting persecuted minorities and addressing security
concerns, critics raise concerns about
discrimination, exclusion, and violations of constitutional principles.
The ultimate resolution of these
issues will likely depend on judicial decisions, political negotiations, and
public discourse.
CONCLUSION
In conclusion, the exploration of national identity and citizenship
within the context of legal frameworks
and challenges presents a multifaceted landscape of complexities, tensions, and implications. The findings of this
research highlight the significance of National identity and citizenship and how they are interlinked with each other and emphasizes the need of investigating
identity issues and national identity to get a better understanding of
citizenship. Also, it looks upon the loopholes
in the laws governing citizenship and how people
get affected because of its discriminatory nature. The
citizenship amendment act is widely criticized for excluding Muslims from its purview, leading to allegations of religious
discrimination. that might
result in statelessness for millions of individuals. Our analysis has shed light on the critical role of legal frameworks in forming the boundaries of
national identity, functioning as both facilitators and limitations in determining who belongs and who is excluded. Globalization, migration, and cultural
variety have increased the demand for nuanced and inclusive approaches to citizenship, challenging old notions and
demanding adaptable legal frameworks. Although
the relationship between
national identity and citizenship should not be reified,
the latter seems to address how the difficulties can be resolved by striking a
balance between exclusivity and
inclusion. It addresses how citizenship laws should be inclusive, giving
everyone the same
opportunities and rights regardless
of background.
REFERENCES
Ø
Libretexts. (2023,
July 17). 7.2: What is National
Identity? Social Sci LibreTexts. https://www.sciencedirect.com/topics/social-sciences/national-identity
Ø
Kumar, M., & Smith, R. M. (n.d.). Citizenship. https://www.deshbandhucollege.ac.in/pdf/resources/1586341345_Plsc(H)-VI- Citizenship-Lec_2.pdf
Ø
Bonikowski, B. (2016). Nationalism in settled times. Annual Review of Sociology, 42, 427-449.
Ø
Croe, N. (2023). Importance
of nationality in the formation
of personal identity
and a sense of belonging. Longdom. https://doi.org/10.35248/2332-0761.23.11.017
Ø
BBC News. (2024, March 12). CAA: India’s new citizenship law explained. https://www.bbc.com/news/world-asia-india-50670393. https://www.bbc.com/news/world-asia-india-50670393
Ø
The
Editors of Encyclopaedia Britannica. (1998, July 20). Citizenship | Definition, History, & Facts. Encyclopedia Britannica. https://www.britannica.com/topic/citizenship
Ø
Staff, A. J. (2024, March 13). Why is India’s Citizenship Amendment Act so controversial? Al Jazeera. https://www.aljazeera.com/news/2024/3/12/why-is-indias- citizenship-amendment-act-so- controversial#:~:text=The%20CAA%20expedites%20Indian%20citizenship,for%20ci tizenship%20in%20five%20years.
Ø
Guzmán, D. H., &
De Velazco, J. H. G. (2023c). Global Citizenship: towards
a concept for participatory environmental protection. Global Society, 1–28. https://doi.org/10.1080/13600826.2023.2284150
Ø
Andreouli, E., & Howarth, C. (2013). National identity,
citizenship and immigration: Putting identity
in context. Journal for
the theory of social behaviour, 43(3), 361-382.
Ø
Sindic, D. (2011).
Psychological citizenship and national identity. Journal of Community
& Applied Social Psychology, 21(3), 202-214.
Ø
Khan, T. (2020). The Citizenship Amendment Act, 2019: A Religion
Based Pathway to Indian Citizenship. Available
at SSRN 3665743.
Ø
Ratha, K. C. (2021). Interpreting Citizenship Amendment Act: Its Content
and Context. Indian
Journal of Public Administration, 67(4), 559-572.
Ø
Modood, T. (2013). Multiculturalism, citizenship and national
identity. In Citizenship between
past and Future (pp.
113-122). Routledge.
Ø
https://www.studocu.com/in/document/banaras-hindu-university/ba-hons-social-
sciences/correlation-between-citizenship-and-national-identity/27284261
[1] Libretexts. (2023, July 17). 7.2: What is
National Identity? Social Sci LibreTexts. https://www.sciencedirect.com/topics/social-sciences/national-identity
[2]
2 Kumar, M., & Smith, R. M. (n.d.). Citizenship. https://www.deshbandhucollege.ac.in/pdf/resources/1586341345_Plsc(H)-VI-Citizenship-Lec_2.pdf
[3] Bonikowski, B. & Department of Sociology,
Harvard University, Cambridge, Massachusetts 02138. (2016). Nationalism in
settled times. Annu. Rev. Sociol., 427–449. https://doi.org/10.1146/annurev-soc-081715-074412
[4] Croe, N. (2023). Importance
of nationality in the formation of personal identity and a sense of belonging. Longdom.
https://doi.org/10.35248/2332-0761.23.11.017
[5]
BBC News. (2024, March 12). CAA: India’s new citizenship law explained.
https://www.bbc.com/news/world-asia-india-50670393.
https://www.bbc.com/news/world-asia-india- 50670393
[6] Guzmán,
D. H., & De Velazco, J. H. G. (2023). Global Citizenship: towards a concept
for participatory environmental protection. Global Society, 38(2), 269–296. https://doi.org/10.1080/13600826.2023.2284150