Man is a social as well as a political animal. By nature he is social animal and necessity makes him a political being. From the very beginning the man has been living in society and state as well. He cannot live alone, without society. He cannot live without the state as well, because it is the state which protects his life and property and creates an atmosphere in which the man can make efforts to attain his best self.
But all the persons living in the state are not its members, its citizens. Every individual has to perform certain duties towards the state of which he is the member and also derives some benefits or rights from its members, its citizens. Every individual has to perform certain duties towards the state of which he is the member and also derives some benefits or rights from its membership. These benefits are very essential for development of his life.
Meaning of Citizen
Ordinarily a citizen should mean one who lives in a city. But as a concept of Political Science, citizen does not mean one who lives in the city, but is a person who is the member of the state and who has to perform some obligations towards the state and also has certain rights as its member. Scholars have given various definitions of citizen, important of which are given below :
“He who has the power to take part in deliberative or judicial administration of any state is said by us to be a citizen of that state.”
—Aristotle
“Citizens are the members of a civil society bound to this society by certain duties, subjects to its authority and equal participants in its advantages.”
—Vattal
“Citizenship is the contribution of one’s instructed judgment to public good.” —Prof. Laski
From all these definitions it is clear that the citizen is a member of a state and bound to it by duties and derives advantages from it for development of his life.
elements of citizen
From the various definitions of a citizen, we come to know of the following elements of a citizen :
Citizen is the member of a state.
Citizen resides permanently within the territory of that state.
Citizen gets certain political, social and economic rights from the state, by using which he can attain his best self as well as the welfare of the society.
Citizen has to perform certain obligations towards the state, so much so, in case of emergency he can be asked to render compulsory military service.
Citizen has to be loyal to the state.
Who is an Alien?
As mentioned earlier that all the men living in the state are not necessarily the citizens of the state. In addition to citizens, almost in every state there are aliens also. Aliens are those persons who are the members (citizens) of some other state but are residing temporarily in this state. Such persons may be tourists, students, traders or diplomats. There can be alien residing on permanent basis in the state.
Kinds of Aliens
1. Permanent Aliens : Those aliens who have almost settled in the state on permanent basis but have not so far been conferred the citizenship rights are permanent aliens. Such persons are engaged either in some trade or in service and are not desirous of going back to their state, and ultimately want to become the citizens of this state.
2. Temporary Aliens : Those aliens who have come from their state for a short period like tourists who have come for visit or students who have come for studies are temporary aliens. They go back to their state after their aim is achieved.
3. Diplomats : Diplomats are those aliens who have come as representatives of their states. These diplomats are like Ambassadors and their staff and they are subject to the laws of their own state, whereas the other aliens have to follow the rules of this state. Diplomats are given some privileges by the state.
Distinction between a Citizen and an Alien
There is a lot of distinction between the citizen and an alien :
- Citizen is a member of the state whereas, an alien is the member of some other state, but is residing in the state temporarily.
- Citizen is loyal to the state whereas an alien is loyal to some other state of which he is the member. Alien is not loyal to the state where he is residing.
- Citizen is a permanent resident of his state, he cannot be asked to leave the state. But an alien is a temporary resident and can be asked to leave the state particularly in time of emergency and war.
- A citizen enjoys all types of rights, civil, economic and political, given by the state. But an alien does not enjoy all types of rights. He is not given generally the political rights.
- In time of emergency a citizen can be asked to render compulsory military service for the state, but an alien cannot be compelled to render military service.
Meaning of Citizenship
Concept of citizenship has been changing with the time. In the ancient Greek city states all the people did not enjoy the status and rights of citizenship. Only a small portion of the society enjoyed citizenship.
According to Aristotle, “He who has the power to take part in deliberative or judicial adminis-tration of any state is said by us to be a citizen of that state.”
Prof. Gettel says, “Citizenship is that condition of individual due to which he can use national and political rights in his state and is ready to fulfill obligations.”
According to Prof. Laski, “Citizenship is the contribution of one’s instructed judgment to public, good.”
From all the above definitions it can be said that citizenship is the status or position of a person which binds him to the state, which makes him loyal to the state and eager to perform his duties towards the state, and which enables the person to enjoy certain rights to make the best development of his life. It is a legal relationship which connects the state and its members. It is not essential that every resident of the state gets this status. Citizenship binds the individual to the state to such an extent that when need be, the state can ask the members to render compulsory military service and the state can award even the capital punishment to the members.
Kinds of Citizenship
Citizenship is of two kinds :
Natural Citizenship
Natural citizenship is that citizenship which a man gets naturally, by birth. It means a child by this citizenship as soon as he gets birth. Most of the citizens in every state are natural born citizens and acquire natural citizenship.
Naturalised Citizenship
Naturalised citizenship is one which is not acquired by the man by birth but is granted by the state. A man, citizen by birth of a state, when he starts living in another state due to his business there, or being in service in that state and he has no intention of going back to his original state, he can apply to the state for granting him citizenship of that state. The state after observing certain formalities may grant him citizenship. In that event his citizenship of the previous state shall stand cancelled and he will become naturalised citizen of the new state. Every state fixes its own conditions for granting citizenship. But the condition of residence in that state for a fixed period is fixed by every state.
This kind of citizenship is acquired by several means i.e. marriage, long residence, adoption, purchase of property, transfer of territory, government service etc.
Dual Citizenship
Many states have adopted both the theories of citizenship. Due to this and even otherwise sometimes it so happens that a child acquires, by birth double citizenship. According to the theory of blood he may be a natural citizen of one state, and according to the theory of territory, he may be the citizen of another state. But a man can be the citizen of only one state at a time. In such cases, the child is given the option, when he becomes major to retain the citizenship of one state and the other citizenship would stand terminated. Generally the child opts for the citizenship of that state to which his parents belong.
How Citizenship is Lost
It has already been pointed out that a man cannot be a citizen of two or more states at one time, and that a person becomes the member of a state by birth. When he becomes the naturalised citizen of another state he loses the citizenship of the previous state. New citizenship is acquired only after losing the original one.
For example, a woman after marriage loses her original citizenship and acquired the citizenship of her husband. A child after adoption acquires the citizenship of his new parents and loses his original citizenship. Similarly when a person, due to long residence or purchase of property or being in government service or conquest and transfer of territory acquires the citizenship of another state, he loses the citizenship of the previous state.
Rights
Rights are very important for the development of life of the man. The worth of a state in judged from the rights it has given to its citizen. Because of large number of rights available to the people, democracy is considered the best form of government.
Definitions of right
Scholars have given various definitions of right. Some of them are given below :
According to Wilde, “A right is a reasonable claim to freedom in the exercise of certain activities.”
In the words of Laski, “Rights are those conditions of social life without which no man can seek in general, to be himself at his best.”
JohnAustin says, “Right means one man’s capacity of exacting from another or other’s acts of forearances.”
According to Holland, “A right is one man’s capacity of influencing the act of others, not by his own strength but by the strength of the society.”
According to T.H. Green, “A right is a power claimed and recognised as contributory to common good.”
From the various definitions it can be said that right means those facilities, liberties and opportunities which are essential for the development of life of the man and which are recognised and protected by the state.
Characteristics of right
Following are the main chara-cteristics of Right :
Right is a Claim : Right is a claim made by a man or men in the society for doing something. It is made to the society. Man to fulfill his various needs and aspirations makes a demand to the society.
Right is Possible only in the Society : A right is not possible outside the society, it is available only in a society. Without a society what the man does, he does on the basis of his strength not on the basis of right.
Right is Granted by the Society: A claim of the man becomes a right only when it is recognised or granted by the society. A claim not recognised by the society cannot become a right.
Right is a Reasonable and Just Claim : Only that claim which is reasonable and just can be and is recognised as right by the society. If the society is convinced that the claim made is essential for the development of the life of the man and to the society as a whole, or is not harmful to society, only then, it is recognised as right. No unreasonable or unjust claim can be recognised by the society as right. Selfish, immoral, unreasonably claim is rejected by the society.
Right is for Common Good : Welfare of all is inherent in a right. Society recognises a claim only for the common good and a right has to be exercised in the interests of the society. No right which is harmful to the society or is against the welfare of the people can be given to the individuals. A right cannot be used for banning the common good.
Rights are Limited : In society no man can be given absolute right, or absolute freedom to do whatever he likes. Reasonable restrictions, in the interests of the society are always imposed on the enjoyment of freedom or exercise of one’s right. No man is allowed to make a misuse of a right. No man can be allowed to perform an act which may cause harm to others.
Rights are Given to All Alike : Rights are universal and are given to all the people of a society on the basis of equality. Whatever freedom is enjoyed by one, is enjoyed by the others also. No distinction is made on the basis of caste, colour, creed, birth or sex, between one individual and another in giving the right. Thus a right is not the property of a few.
Rights are Evolutionary : Rights do not remain the same for ever. They go on changing with time and place. Society recognises the claim according to the thinking of the people, need of the time and circumstances. No definite and permanent list of the rights can be prepared. They go on changing. Sometimes new rights appear and old ones disappear.
Rights and Duties go Together : Rights and duties go together. Nowhere we can find the existence of rights alone. A right attracts so many duties. No man can claim only the enjoyment of right and deny the performance of duties. A man has to perform many duties along with the enjoyment of a right. Rather the right can be enjoyed only after the performance of duties.
Rights are Protected by the State: A right is a claim which is enforced and protected by the state. Without the recognition by the state a right cannot become right. It is the state that recognises, defines, enforces and protects the right. The state also punishes those who act against the right of others. Outside the state a right has no existence.
Kinds of rights
Ordinarily rights are of three kinds:
Natural Rights
Some scholars were of the opinion that some rights are given to the individuals by nature with their birth. The people enjoyed these rights even before the stater came into being. According to Locke people enjoyed the right to life, the right to liberty and the right to property in the state of nature and that these rights cannot be taken away from them.
Thus natural rights are those rights which have been given to the individuals by nature. Some scholars take different meaning of natural rights. According to them natural rights are those rights which are basic, natural and essential for the man, without which a man cannot live, without which man cannot progress. State cannot take away these basic rights. But natural rights have no importance. Only those facilities can be called rights which are recognised, enforced and protected by the state.
Moral Rights
Moral Rights are based upon the moral standards of the society and are concerned mainly with the moral conduct of the individuals. People enjoy these rights not on the recognition and protection by the state but on the moral spirit of the people. Parents have the right to get service and obedience from their children who perform their moral duties willingly.
Generally moral rights are recognised and enforced by the state and then they are called legal rights. But until and unless the moral rights attain legal sanction they remain indefinite, uncertain and can be ignored by some members of the society. It is not proper to call moral rights as ‘Right’.
Legal Rights
Legal Rights are those facilities, opportunities and liberties which have been recognised and enforced by the state in any society. Laws of the state define, enforce and protect these rights. These are definite and can be enjoyed by the people. In actual practice natural and moral rights are recognised by the state and they are defined and enforced. Legal rights are not created by the state, they are based upon natural and moral rights.
Legal Rights are mainly of three kinds :
Civil Rights : Those rights which are concerned with the social development of the man are called civil or social rights. These are considered to be basic and essential for all individuals and have to be given not only to the citizens, but to the foreigners also. These civil rights are like right to life, right to liberty, right to personal liberty, right to equality, right to form associations, right to family, right to religion, right to education, right to freedom of thought and expression, right to move, right to settle.
Economic Rights : Economic rights are those rights which are concerned with the economic life of the individual. They are concerned with his livelihood. These days economic rights are very important because it is felt that an individual cannot exercise his political liberty if he does not enjoy economic equality and liberty. Economic rights include right to work, right to adequate wages, right to good conditions of work, right to economic security, right to property. These rights are also given to all the individuals alike.
Political Rights : Political rights are those rights which enable a man to participate in the administration. These are very important rights and are given only to the citizens. Aliens are not allowed political rights. Even the citizens are deprived of these rights in time of emergency. Political rights include right to vote, right to be elected, right to hold public offices, right to petition and right to criticise the government.
Fundamental Rights
It is desirable to say a few words about Fundamental Rights also. These days essential rights are declared by the constitution so that possibility of encroachment upon them is minimised. Such rights are called fundamental rights and they are constitutionally protected. Any law made against these rights is considered to be void. Thus Fundamental Rights are those civil, economic and political rights which are given to the citizens by including them in the constitution.
Human Rights
No man can lead a respectful life and realise the development of his life. Rights are essential for every man, whether he is the citizen of the state or not. Human Rights are those basic rights which every man as a human being is entitled to have and enjoy irrespective of his race, nationality colour, creed, birth, political views.
These rights are discussed in detail in a separate chapter because they are very important in international aspect.
Civil Rights in a Democratic State
It is difficult to prepare a comprehensive list of civil rights for all states and for all times to come since rights change with place and time. Yet there are some rights which are available almost in all the state. In a democratic setup the following main civil rights are granted to the citizens :
Right to Life : Right to life is the most essential and basic right for an individual. It is said that the state comes into being for the sake of protection of life. A man, afraid of threat to his life can do nothing except making efforts to protect his life. Every man considers his life most precious. It is a natural right also and nobody else is allowed to interfere in this right of the individual. Everybody has the right to defend himself, to protect his life. Life of the individual is also a part of the society and as such he is not allowed to end his life himself also. The man would not like to live in a society or state where his life is not protected. A good life is possible only after it is protected.
Right to Liberty : Liberty is also natural for a man. Everybody, child, young and aged wants liberty in his actions. Without liberty a man cannot make the fullest development of his life. Liberty is of various kinds and in various fields. By this liberty we mean personal liberty. A man is given liberty of person which means that he cannot be arrested and imprisoned if he has not violated any law, and that he can be punished only if the violation of law has been proved in the court of law. A man can be punished only in accordance with the existing law.
Right to Equality : Right to equality is also a very important civil right. It means all the men are to be treated alike in the society, before the law and law courts and that the same laws shall apply to all the people alike. There should be no distinction between the members of the society on the basis of caste, colour, creed, sex or place of birth that equal opportunities are available to all the members of the society for the attainment of their fullest self. All public jobs should be offered on merit.
Right to Education : Education is very important for the development of life of an individual. All citizens should therefore be entitled to receive education of their choice. An uneducated person does not know of his rights and duties and therefore he cannot progress in life. Today it is considered the duty to the state to educate its citizens, who should be given free education. The states make this right practicable by opening schools, colleges and universities, libraries, reading rooms and research centres and by providing monetary aids to private educational institutions. Government also provides for technical, technological and scientific education.
Right to Family : A citizen also enjoys the right to family. It means individuals can choose their life partners and can maintain their family life without any hindrance and restriction from the state. The individuals have freedom of marriage, divorce, maintaining children and family relations. ‘Family’ is the cradle of civic virtues and any interference in this institution by the state would destroy its sanctity.
Right to Freedom of Religion : Religion is intimately connected with the life of individual who does not like any interference in it by the state or other persons. The citizens should have freedom to adopt any religion they lie to worship any god they like. They should have freedom to preach their religion and manage their religious institutions. The state should not impose any religion on the people. There should be no discrimination in the society on the basis of religion.
Right to Property : Locke considered this right to be a natural right. Some consider it an economic right. But this is a very important right. It means every individual has the right to acquire, sell or transfer his property to other persons. He has the right to manage his property according to his will. Originally right to property was a fundamental right in India. But now it has been dropped from the list of fundamental rights.
Right to Freedom of Speech and Expression : It is a very important civil right in a democratic setup. It is not given to the people in slave countries. This right helps the individual in development of his life. This right is the basis of democracy also because democracry is based upon public opinion and sound public opinion is not possible in the absence of the right. The individuals have the freedom to express their independent views on public issues through Radio, T.V., newspapers and magazines. The government may impose reasonable restriction on this right but not unreasonable ones.
Right to Assemble Peacefully : For the achievement of any common cause the people are given the freedom of assembling at one place and have exchange of views on their common problems. They are also allowed to take out processions peacefully and express their views. This right is also important for the development of the life of an individual.
Right to form Association : Citizens are given the right to form associations for the development of their life. These associations are formed for achieving some particular aims of the members. Through these associations the individuals work in an organised way and even those works are completed easily which an individual cannot do.
Right to Freedom of Movement and Settlement : The members of a state also enjoy the freedom of moving from one part to another part of the state. They can also settle at any place of their choice. The government cannot put restriction in their movement except in time of emergency and no citizen is compelled to settle at a particular place. Rather the state provides facilities of roads and bridges, means of communication and transportation so that the citizens may enjoy this right comfortably.
Right to get Justice : Every citizen is given the right to get justice. It means if a man has been wronged or he has been deprived of his right, he has the right to knock at the door of judiciary to get justice done to him. All individuals are equal in the eyes of law and the law courts protect our rights.
