Union Legislative Power over Citizenship, Naturalisation and Aliens

The Constitution makes citizenship, naturalisation and the legal status of aliens an exclusive Union subject. Parliament therefore determines who is an Indian citizen, how citizenship may be acquired through naturalisation, and the legal framework applicable to non-citizens.

Constitutional allocation

Under Article 246(1), Parliament has exclusive power to legislate on matters in the Union List. Entry 17 of the Union List specifically covers citizenship, naturalisation and aliens.

• Articles 5-10 determined citizenship at the commencement of the Constitution and protected its continuance subject to parliamentary law.
• Article 11 expressly empowers Parliament to regulate the acquisition and termination of citizenship and all other matters relating to citizenship.
• A State Legislature cannot enact a law whose pith and substance is the determination, acquisition or loss of Indian citizenship.

Scope of Parliament's competence

Parliament exercised this competence through the Citizenship Act, 1955, which regulates citizenship by birth, descent, registration, naturalisation and incorporation of territory, as well as its termination.

• Citizenship by naturalisation is governed by Section 6 and the qualifications prescribed in the Third Schedule of the Citizenship Act.
• The allied Union List Entry 19 covers admission into India, emigration, expulsion, passports and visas.
• Laws concerning aliens remain subject to constitutional limitations, including rights available to every person under Articles 14 and 21.

Relevance to the NRC

The National Register of Indian Citizens is a statutory mechanism within Parliament's citizenship field, rather than a separate constitutional allocation.

• Section 14A of the Citizenship Act, 1955 authorises compulsory registration of citizens and maintenance of a National Register of Indian Citizens by the Central Government.
• The Citizenship Rules, 2003 prescribe the registration framework.
• Use of State or local administrative machinery does not transfer legislative competence over citizenship from Parliament to State Legislatures.