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Provincial Citizenship in India
Context:
A recent academic work (Ranjan, 2025) has introduced the concept of “provincial citizenship” to explain domicile-linked politics in States such as Jharkhand, J&K, and Assam, raising questions about the constitutional framework of a single Indian citizenship.
Concept of Provincial Citizenship
- Definition: An unofficial, politically constructed form of citizenship based on domicile, nativity, or emotional belonging to a State.
- Drivers:
- Nativist politics (sons-of-the-soil sentiment).
- Electoral mobilisation by regional parties.
- Socio-economic grievances of locals against perceived outsiders.
- Consequences: Creates parallel frameworks of identity that compete with constitutional citizenship.
Case Studies of Domicile Politics
- Jharkhand: Post-statehood (2000), domicile policy became a tool for majoritarian grievances against minority elites; demonstrates sub-nationalist assertion across the entire State.
- Jammu & Kashmir: After abrogation of Article 370 (2019), domicile policies extended rights to historically excluded groups (e.g., Valmikis, Gorkhas, West Pakistan refugees).
- Assam: Domicile politics intertwined with migration anxieties and NRC exercise, shaping electoral politics and social tensions.
Constitutional and Historical Concerns
- Constitutional Safeguards:
- Article 14: Equality before law.
- Article 15: Prohibition of discrimination.
- Article 16(2): Prohibits discrimination in public employment on grounds of place of birth/residence (with limited exceptions under Art. 16(3)).
- Article 19: Right to move and reside freely across India.
- SRC Report, 1955: Warned that domicile rules contradict the concept of a common Indian citizenship, urging Parliamentary legislation instead of State-level domicile restrictions.
- Judicial Scrutiny: Supreme Court interventions often required to adjudicate conflicts between migrants’ rights and provincial preferences.
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