Citizenship

Constitutional Provision of Citizenship

Single Citizenship

• The Constitution of India provides for Single Citizenship throughout the country.
• Every citizen owes allegiance only to the Union of India, and there is No Separate State Citizenship.

Citizenship at the Commencement of the Constitution

Eligibility for Citizenship

A person became a Citizen of India at the commencement of the Constitution if he/she:

• Was Domiciled in the Territory of India, and fulfilled any one of the following conditions:

   By Birth

• • Was Born in the Territory of India.

   By Parentage

• • Either of his/her Parents was Born in the Territory of India.

   By Residence

• • Had been Ordinarily Resident in India for Not Less Than Five Years immediately preceding the Commencement of the Constitution.

Rights Available Exclusively to Indian Citizens

Fundamental Rights Reserved for Citizens

Only Indian Citizens enjoy certain Fundamental Rights, including those guaranteed under:

• • Article 15 – Prohibition of Discrimination
  • Article 16 – Equality of Opportunity in Public Employment
  • Article 19 – Six Fundamental Freedoms
  • Article 29 – Protection of Interests of Minorities
  • Article 30 – Right of Minorities to Establish and Administer Educational Institutions

Eligibility for Constitutional Offices

Only Citizens of India are eligible to hold important Constitutional Offices such as:

• • President of India
  • Vice-President of India
  • Judge of the Supreme Court
  • Judge of a High Court
  • Attorney General of India
  • Governor of a State
  • Member of Parliament
  • Member of a State Legislature

Electoral Rights

• Only Indian Citizens possess the Right to Vote in elections.

Rights of Enemy Aliens

Constitutional Restriction

• • Enemy Aliens are Not Entitled to the protection available under Article 22(1) and Article 22(2) relating to Protection against Arrest and Detention.

Citizenship Act, 1955

Modes of Acquisition of Citizenship

   Citizenship by Birth

• • A person Born in India on or after 26 January 1950 acquires Citizenship by Birth, subject to the conditions prescribed under the Citizenship Act, 1955.

   Citizenship by Descent

• • A person Born Outside India on or after 26 January 1950 acquires Citizenship by Descent if the prescribed parent was an Indian Citizen at the time of birth, in accordance with the applicable legal provisions.

   Citizenship by Registration

• • A person satisfying the conditions prescribed under the Citizenship Act, 1955 may acquire Indian Citizenship by Registration after making an application to the Competent Authority.

   Citizenship by Naturalisation

• • A foreign national may obtain Citizenship by Naturalisation after fulfilling the prescribed legal requirements, including:
    
    • Ordinary Residence in India for the required period under the Act.
    • Adequate Knowledge of a Constitutionally Recognised Indian Language.
    • Compliance with all other statutory conditions.

   Citizenship by Incorporation of Territory

• • When any New Territory becomes part of the Union of India, the Residents of that Territory may acquire Indian Citizenship in accordance with the law.

Modes of Loss of Citizenship

   Renunciation

• • A citizen may Voluntarily Renounce Indian Citizenship in the manner prescribed by law.

   Termination

• • Citizenship is Terminated if an Indian citizen Voluntarily Acquires the Citizenship of Another Country, subject to the provisions of the Citizenship Act.

   Deprivation

• • The Government of India may Deprive a Person of Indian Citizenship on grounds and in the manner specified under the Citizenship Act, 1955.