Citizenship

Constitutional Provisions (Articles 5–11)

The Constitution deals with Citizenship in Part II (Articles 5–11).

Unlike Fundamental Rights, these Articles deal only with citizenship at the commencement of the Constitution (26 January 1950).

After commencement, Parliament regulates citizenship through the Citizenship Act, 1955.

Articles relating to Citizenship

Article 5

Citizenship at the commencement of the Constitution.

A person became an Indian citizen if:

• domiciled in India, and
• fulfilled any one condition:
  • born in India
  • either parent born in India
  • ordinarily resident in India for at least 5 years immediately before 26 January 1950.

Article 6

Citizenship of persons who migrated from Pakistan to India.

Article 7

Rights of persons who migrated to Pakistan but later returned to India under a permit for resettlement.

Article 8

Citizenship of Persons of Indian Origin (PIO) residing outside India.

Article 9

A person voluntarily acquiring citizenship of another country shall not remain an Indian citizen.

India does not permit dual citizenship.

Article 10

Continuance of citizenship subject to Parliamentary law.

Article 11

Empowers Parliament to regulate citizenship by law.

Accordingly, Parliament enacted the Citizenship Act, 1955.

Single Citizenship

India follows Single Citizenship.

There is:

• • Citizenship of India
  • No separate State Citizenship

Every citizen owes allegiance only to the Union of India. This is borrowed from the British Constitution.

Citizenship at the Commencement of the Constitution

A person became an Indian citizen if he/she:

• • was domiciled in India; and

fulfilled any one of the following:

By Birth

Born in India.

By Parentage

Either parent born in India.

By Residence

Ordinarily resident in India for at least 5 years before commencement of the Constitution.

Parliament’s Power regarding Citizenship

Under Article 11, Parliament may make laws regarding:

• • acquisition
  • termination
  • renunciation
  • deprivation
  • all other matters relating to citizenship.

The principal law is Citizenship Act, 1955

Rights Available Exclusively to Indian Citizens

Fundamental Rights

Only citizens enjoy:

• • Article 15 – Prohibition of discrimination
  • Article 16 – Equality of opportunity in public employment
  • Article 19 – Six freedoms
  • Article 29(1) – Protection of language, script and culture
  • Article 30 – Minority educational institutions

Political Rights

Only citizens can:

• • Vote
  • Contest elections
  • Become Member of Parliament
  • Become Member of State Legislature

Constitutional Offices

Only citizens can become:

• • President
  • Vice-President
  • Governor
  • Attorney General
  • Judge of Supreme Court
  • Judge of High Court

Rights of Enemy Aliens

Enemy aliens are not entitled to protections under:

• • Article 22(1)
  • Article 22(2)

regarding safeguards against arrest and detention.

Citizenship Act, 1955

The Act provides:

Acquisition of Citizenship

1. 1. By Birth
   2. By Descent
   3. By Registration
   4. By Naturalisation
   5. By Incorporation of Territory

Loss of Citizenship

1. Renunciation
2. Termination
3. Deprivation

Acquisition of Citizenship

1. Citizenship by Birth

This is one of the most important exam topics.

Born between 26 January 1950 – 1 July 1987

→ Citizen by birth irrespective of parents’ nationality.

Born between 1 July 1987 – 3 December 2004

→ Either parent must be an Indian citizen.

Born on or after 3 December 2004

Either:

• both parents are Indian citizens

OR

• one parent is Indian citizen and the other is not an illegal migrant.

These changes were introduced through amendments in 1986 and 2003.

2. Citizenship by Descent

Applicable to persons born outside India. Rules changed over time.

Currently : A child born outside India acquires citizenship if the parent is an Indian citizen, subject to conditions including registration of birth at the Indian consulate within the prescribed period.

3. Citizenship by Registration

Can be granted to certain categories including:

• • Persons of Indian Origin
  • Persons married to Indian citizens
  • Minor children of Indian citizens
  • OCI cardholders meeting prescribed conditions
  • Other eligible persons under the Act

4. Citizenship by Naturalisation

A foreign national may acquire citizenship if prescribed conditions are fulfilled.

Important conditions include:

• • Good character
  • Knowledge of a language in the Eighth Schedule
  • Residence in India for the required period
  • Intention to reside in India

Normally:

Residence requirement:

11 years out of previous 14 years, including 12 months immediately preceding the application.

(This period was relaxed to 5 years for certain persons under the CAA, 2019.)

5. Citizenship by Incorporation of Territory

If any new territory becomes part of India, the Government specifies who among the residents shall become Indian citizens.

Example:

• Goa (1961)
• Pondicherry (1962)
• Sikkim (1975)

Loss of Citizenship

A. Renunciation

Voluntary surrender of Indian citizenship.

B. Termination

Occurs automatically when an Indian citizen voluntarily acquires citizenship of another country.

India does not allow dual citizenship.

C. Deprivation

The Central Government may deprive a person of citizenship obtained by registration or naturalisation on grounds such as:

• • fraud
  • disloyalty
  • unlawful trade with enemy during war
  • imprisonment for specified periods within prescribed years
  • residing outside India continuously for the prescribed period, subject to statutory exceptions

Overseas Citizen of India (OCI)

Introduced through the Citizenship (Amendment) Act, 2005.

OCI is not dual citizenship.

It provides lifelong visa and certain benefits.

OCI Cardholders get

• Multiple-entry lifelong visa
• Exemption from registration with FRRO for any length of stay
• Parity with NRIs in specified fields (except where restricted)

OCI holders cannot

• Vote
• Contest elections
• Hold constitutional offices
• Buy agricultural land
• Hold Indian passport

PIO Scheme

The Person of Indian Origin (PIO) Card Scheme has been merged with the OCI Scheme through the Citizenship (Amendment) Act, 2015.

Now only the OCI Card remains.

Citizenship (Amendment) Act, 2019 (CAA)

One of the most important recent developments.

The Act provides a special pathway to Indian citizenship for persons belonging to the following six religious communities:

• Hindus
• Sikhs
• Buddhists
• Jains
• Parsis
• Christians

who entered India from:

• Pakistan
• Bangladesh
• Afghanistan

on or before 31 December 2014 after facing religious persecution or fear of persecution.

Major Changes

• Such eligible persons are not treated as illegal migrants for the purposes of the Citizenship Act.
• The residence requirement for naturalisation is reduced from 11 years to 5 years for these eligible applicants.

Areas Exempted from CAA

The Act does not apply to:

• Areas under the Sixth Schedule of the Constitution (certain tribal areas in Assam, Meghalaya, Mizoram and Tripura).
• Areas where the Inner Line Permit (ILP) system under the Bengal Eastern Frontier Regulation, 1873 is in force.

Key Clarification

The CAA does not take away the citizenship of any existing Indian citizen. It creates an additional route to citizenship for specified categories of migrants.

NRC and NPR 

National Register of Citizens (NRC)

Purpose:

To identify genuine Indian citizens and detect illegal migrants.

The NRC has been implemented in Assam under the supervision of the Supreme Court. A nationwide NRC has not been implemented.

National Population Register (NPR)

Prepared under the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

It is a register of usual residents of India and is distinct from the NRC.

Important Constitutional Articles

Important Amendments to the Citizenship Act