Citizenship – Meaning, Significance & Constitutional Provisions

2 Types of People in India. 1.Citizens: Full members of the Indian state. Owe loyalty to India. 2.Aliens: Foreigners or citizens of other countries.

Citizenship

📘 Citizenship – Meaning and Significance

🇮🇳 Citizenship – Meaning (Simple Words)

Citizenship means:

A legal status given by a country to a person, which gives them full membership of that country along with rights and duties.

It is like official membership of a nation.

📌 Example:

  • Imagine India as a club.

  • If you are a citizen, you are a permanent member of that club.

  • You have rights (like voting) and duties (like following the law).

🧍 Citizen of India – Who is a Citizen?

A Citizen of India is:

A person who is legally recognized under the Indian Constitution as a member of the Indian state and enjoys all civil and political rights like:

✅ Right to vote
✅ Right to hold public office
✅ Right to get a passport
✅ Protection under Indian laws

📘 Introduction / Background – Chapter: “Citizen”

When India became independent in 1947, there was a huge challenge:

  • The country was divided during Partition,

  • Millions of people moved between India and Pakistan,

  • The question arose: Who will be considered Indian citizens?

To solve this, the framers of the Constitution included a separate Part – Part II (Articles 5 to 11) – to clearly define citizenship at the time of commencement of the Constitution (26th January 1950).

But this was only a temporary arrangement. The Parliament was given the power to make laws on citizenship for the future. That’s why today, we follow the Citizenship Act of 1955, which explains how citizenship is acquired, lost, and regulated.

🧠 "Who is a citizen? How is citizenship acquired or lost? What are the rights and responsibilities of a citizen in India? What is the difference between citizen and alien? And what does the Constitution say in Articles 5 to 11?"
"In this class, we will understand:

👥 Two Types of People in India

  • Citizens:

    • Full members of the Indian state.

    • Owe loyalty to India.

    • Enjoy full civil and political rights.

  • Aliens:

    • Foreigners or citizens of other countries.

    • Have limited rights.

    • Two types:

      • Friendly aliens: From countries that have good relations with India.

      • Enemy aliens: From countries that are at war with India – enjoy fewer rights.

Basic keywords

🏠 Residence

  • Meaning: The place where you live right now.

  • You can have many residences (in different cities or countries).

  • Can be temporary or permanent.

  • Example:
    Riya is studying in Delhi, so her current residence is Delhi. But her hometown is Jaipur, where her family lives.

🏡 Domicile

  • Meaning: Your permanent home, where you intend to settle for life.

  • You can have only one domicile.

  • It is bigger than residence because it involves your long-term plan.

  • Example:
    Riya lives in Delhi for studies, but her domicile is Rajasthan, because she plans to live there permanently after her studies.

🏃‍♂️ Refugee

  • Meaning: A person who is forced to leave their home country because of war, violence, or persecution.

  • They are outside their country and cannot go back safely.

  • Example:
    A Syrian man leaves Syria during war and takes shelter in Germany. He is a refugee.

🛡️ Asylum

  • Meaning: Protection given by a country to a refugee.

  • It gives some rights, but not full citizenship.

  • Example:
    The Syrian man applies for asylum in Germany. Germany allows him to stay and protects him.

🌍 Immigrant

  • Meaning: A person who chooses to move to another country (not forced).

  • Reasons: Job, studies, marriage, etc.

  • Example:
    An Indian student moves to the USA for higher education. He is an immigrant.

Legal Immigrant

  • Comes with proper documents, like passport, visa, etc.

Illegal Immigrant

  • Comes without proper documents.

  • May face deportation or legal issues.

🧾 Rights of Immigrants

  • Not full rights like citizens.

  • They get limited civil and political rights (like work, stay, etc.), but cannot vote or hold certain jobs.

🇮🇳 Non-Resident Indian (NRI)

  • A person who is an Indian Citizen, but lives outside India for work, studies, etc.

  • Example:
    Raj is an Indian citizen working in Dubai. He is an NRI.

📜 FEMA (Foreign Exchange Management Act), 1999

  • Says: If an Indian citizen or Person of Indian Origin lives outside India, for an uncertain time, they are treated as NRI under FEMA.

📊 Income Tax Act, 1961

  • Says: If a person lives outside India for more than 182 days in a financial year, they are an NRI under tax law.

💡 Summary Table:

Term Key Idea Example
Residence Where you live now Riya lives in Delhi now
Domicile Your permanent home Riya’s domicile is Jaipur
Refugee Forced to leave country Syrian fleeing war
Asylum Protection for refugees Germany gives asylum to Syrians
Immigrant Moves to another country by choice Indian moves to Canada for job
Legal Immigrant Has passport and visa Student in US with study visa
Illegal Immigrant No legal documents Person crosses border secretly
NRI Indian citizen living abroad Raj works in Dubai
FEMA Law for foreign exchange + NRI status Raj under FEMA = NRI
Income Tax Act NRI if abroad > 182 days in year Raj stays 200 days in Dubai

✅ Rights Only for Indian Citizens

Citizens have special rights that aliens (foreigners) do not have:

  1. No Discrimination (Article 15) – Based on religion, race, caste, sex, or place of birth.

  2. Equal job opportunities in government jobs (Article 16).

  3. Right to Freedom – Speech, movement, assembly, association, residence, profession (Article 19).

  4. Cultural and Educational Rights (Articles 29 & 30).

  5. Right to Vote – in Lok Sabha and state elections.

  6. Right to Contest – in elections for Parliament and state assemblies.

  7. Eligibility for Top Positions:

    • President, Vice-President

    • Judges of Supreme Court/High Courts

    • Governor, Attorney General, etc.


📌 Citizen’s Duties (Responsibilities)

  • Respect the National Flag and Anthem.

  • Pay taxes honestly.

  • Defend the country if needed.

  • Follow laws and Constitution.


🔄 Naturalised Citizen vs. Citizen by Birth

  • In India: Both types can become President.

  • In USA: Only citizens by birth can become President.


📜 Constitutional Provisions on Citizenship (Articles 5–11, Part II)

  • Constitution only talks about who were citizens on Jan 26, 1950.

  • Parliament was given power to make laws for future citizenship.

  • Based on this power, Citizenship Act, 1955 was passed.


🧾 Who Became Citizens on 26 Jan 1950?

  1. People Living in India:

    • Must have domicile in India.

    • Plus, one of these:

      • Born in India

      • Either parent born in India

      • Lived in India for 5 years before Jan 26, 1950

  2. People Migrated from Pakistan:

    • Born in undivided India.

    • Two types:

      • Came before July 19, 1948: Living in India since arrival.

      • Came after July 19, 1948: Must register and live in India for 6 months.

  3. People Who Went to Pakistan But Returned:

    • Left India after March 1, 1947, then came back for resettlement.

    • Must stay in India for 6 months before applying for registration.

  4. People Living Abroad (NRI / Overseas Indians):

    • Born in undivided India or whose parents/grandparents were.

    • Must be registered by Indian Embassy.


Articles 5 to 11 – Citizenship under Indian Constitution

🧾 Article 5 – Citizenship by Domicile

A person is an Indian citizen on 26 Jan 1950 if:

  • They domicile in India, and

  • Any one of the following is true:

    1. Born in India, or

    2. Either parent born in India, or

    3. Ordinarily resident in India for 5 years before Jan 26, 1950

  • ● Word Domicile -> Mentioned in the Constitution -> But not defined anywhere

Example: Ramesh was born in India in 1925 and lived in India continuously — he is a citizen.


🧳 Article 6 – Citizenship for Migrants from Pakistan

Applies to people who migrated from Pakistan to India before 26 Jan 1950.

  • If they came before July 19, 1948, and lived here since → Indian citizen.

  • If they came after July 19, 1948, they must:

    • Register with the Indian Government, and

    • Reside in India for 6 months

Example: A Sikh family migrated from Lahore in 1947 and stayed in Amritsar — they got Indian citizenship.


🚫 Article 7 – Migrants to Pakistan

People who migrated to Pakistan after March 1, 1947, are not citizens, unless:

  • They returned to India under a permit for resettlement.

 ● After returning back to India --> Live here for 6months --> And then apply for the Citizenship

❗ This article prevented dual citizenship at the time of partition.


📤 Article 8 – Citizenship for Indians Abroad

Indian-origin people living abroad (outside India and Pakistan) can become citizens if:

  • Their father or grandfather was born in India, and

  • They are registered at an Indian consulate

Example: An Indian-origin man living in Kenya in 1949 could register at the Indian embassy to become a citizen.


🔧 Article 9 – No Dual Citizenship

If someone voluntarily acquires citizenship of another country → they lose Indian citizenship.

🔴 India does not allow dual citizenship.


Article 10 – Continuation of Citizenship

Once you are a citizen under the Constitution, you remain a citizen unless Parliament makes a law to take it away (like the Citizenship Act, 1955).

 ● Citizenship of a person --> Is not a permanent concept --> Can be taken away


⚖️ Article 11 – Power of Parliament

Parliament has the power to:

  • Make laws about acquisition, termination, and regulation of Indian citizenship.

📘 This is the basis for the Citizenship Act, 1955.

⚖️ Other Constitutional Points

  • If someone voluntarily takes citizenship of another country, they are not an Indian citizen anymore.

  • Parliament can make laws on how to give or take away citizenship.


📌 Summary Table

Type of Provision Details
Articles Covered 5 to 11
Key Law Citizenship Act, 1955
Key Authority Indian Parliament
Rights for Citizens Only Articles 15, 16, 19, 29, 30 + Political rights
Duties Taxes, loyalty, defending nation, etc.

Citizenship Act, 1955

The Citizenship Act, 1955 passed by parliament & tells us how a person can:

  • Become a citizen of India, and

  • Lose Indian citizenship

📥 How to Acquire Indian Citizenship?

(5 Main Ways + 1 Special Provision for Assam)

1. ✅ By Birth

  • Born between Jan 26, 1950 – July 1st, 1987 → Citizen by birth, no matter parents' nationality.

  • Born between July 1, 1987 – Dec 3, 2004 → At least one parent must be an Indian citizen.

  • Born on or after Dec 3, 2004

    • Either both parents must be Indian citizens, or

    • One parent is a citizen and the other is not an illegal migrant.

🔸 Children of foreign diplomats and enemy aliens are not citizens by birth.

Example 1:
👉 Ravi was born in Mumbai on May 10, 1985.
Even if his parents were not Indian citizens, Ravi is an Indian citizen by birth (falls in the 1950–1987 range).

Example 2:
👉 Aisha was born in Delhi on August 12, 1995.
Her mother is an Indian citizen, but her father is a foreigner.
➡️ Aisha is a citizen by birth (1987–2004: one parent must be Indian).

Example 3:
👉 Zara was born in Bengaluru on January 1, 2006.
Her mother is Indian; father is a foreigner who entered India illegally.
➡️ Not a citizen (Post-2004: one parent must not be an illegal migrant).

🕰️ What if someone was born before January 26, 1950?

India became a Republic on January 26, 1950 — that’s when the Constitution came into effect. So, for those born before that date, the Indian Constitution itself provided rules for citizenship in Article 5 to Article 11.

Such persons were governed by Article 5 of the Constitution:

Who was considered an Indian citizen on Jan 26, 1950?

A person was considered an Indian citizen if:

  1. They were born in India, or

  2. Either of their parents was born in India, or

  3. They had been ordinarily residing in India for at least 5 years immediately before Jan 26, 1950

📌 Example:

👉 Lalitha was born in 1930 in Madras (now Chennai). Her parents were also born in India. She continued to live in India after independence.

➡️ She became an Indian citizen automatically on Jan 26, 1950 under Article 5 of the Constitution.

⚠️ Special Notes:

  • If a person migrated to Pakistan before January 26, 1950, different rules under Article 7 applied.

  • Citizenship by Constitution was a one-time provision only for the transition after independence.

2. 🧬 By Descent

  • Born outside India between Jan 26, 1950 – Dec 9, 1992 → Citizen, if father was Indian.

  • Born on or after Dec 10, 1992 - Dec 3, 2004 → Citizen if either parent was Indian.

  • Born after Dec 3, 2004

    • Must register the birth at an Indian consulate within 1 year.

    • Must not hold a foreign passport.

    • Must renounce foreign citizenship within 6 months after turning 18.

Example 1:
👉 Arjun was born in the USA in 1980.
His father was an Indian citizen at the time.
➡️ Arjun is an Indian citizen by descent (1950–1992: father must be Indian).

Example 2:
👉 Sara was born in Australia in 1995.
Her mother is Indian.
➡️ She is a citizen by descent (Post-1992: either parent Indian).

Example 3:
👉 Neil was born in Canada in 2006.
His parents are Indian, but his birth wasn't registered at an Indian consulate.
➡️ Not a citizen (Post-2004: registration is compulsory).

3. 📝 By Registration

People who are not illegal migrants can apply if they are:

(a) Indian origin & living in India for 7 years

(b) Indian origin & living abroad

(c) Married to an Indian citizen & living in India for 7 years

(d) Minor children of Indian citizens

(e) Person with parents registered as citizens

(f) Person whose parents were citizens of independent India & living in India for 1 year

(g) OCI cardholders for 5 years & living in India for 1 year

✅ All must take an oath of allegiance.

Info!

👤 Who is a Person of Indian Origin (PIO)?

A Person of Indian Origin is someone who is not a citizen of India, but has Indian roots.

✅ Conditions (any one is enough):

  1. The person was born in undivided India,
    OR

  2. Either of the person's parents or grandparents was born in undivided India,
    OR

  3. Was born in a territory that became a part of Independent India later (like Sikkim, Pondicherry, Goa, etc.)

🔍 What is "Undivided India"?

  • Undivided India = India before partition (before 15 August 1947).

  • It includes present-day India, Pakistan, and Bangladesh.

🧾 Example 1:

Ramesh was born in Kenya.
His grandfather was born in Lahore in 1930 (which was in undivided India).
➡️ Ramesh is a PIO.

🧾 Example 2:

Priya was born in the UK.
Her father was born in Goa in 1940 (Goa became part of India in 1961).
➡️ Priya is a PIO.

Example 1:
👉 Meera is a person of Indian origin living in India since 2015.
It’s now 2025.
➡️ She can apply for Indian citizenship by registration after completing 7 years.

Example 2:
👉 John is a foreigner married to an Indian woman since 2010 and living in India.
➡️ John can apply by registration after 7 years of residence.

Example 3:
👉 Riya is 12 years old and her father is an Indian citizen.
➡️ Riya can be registered as an Indian citizen as a minor child.

4. 🌏 By Naturalisation

Foreigners (not illegal migrants) can become Indian citizens if:

  • From countries that allow Indians to naturalize

  • Will give up their previous citizenship

  • Lived in India 12 months before applying, and

  • Lived in India for 11 out of the previous 14 years

  • Good character

  • Know any Indian language (Eighth Schedule)

  • Plan to live/work in India

🎖️ For people with special talent or service (art, science, world peace), govt can relax conditions.

📝 Must also take an oath of allegiance.

Example:
👉 David is a British citizen who has lived in India for 12 years. He works here, knows Hindi, and is willing to give up UK citizenship.
➡️ David can apply for Indian citizenship by naturalisation.

🔸 Bonus Example:
👉 Maria is a famous scientist from Argentina who helped India develop a vaccine.
➡️ Govt can relax conditions and grant her Indian citizenship for exceptional service.

5. 🗺️ By Incorporation of Territory

When a foreign territory joins India, people in that region become citizens by government order.

📝 Example: Pondicherry in 1962.

Example:
👉 Pondicherry became part of India in 1962.
People living there were granted Indian citizenship by government order.

6. 🌾 Special Case: Assam Accord (1985)

Based on foreigners from Bangladesh:

(a) Those who came to Assam before Jan 1, 1966Deemed Indian citizens.

(b) Those who came between Jan 1, 1966 and March 25, 1971

  • Must register as foreigners

  • Get full citizenship after 10 years

  • During 10 years: All rights except voting

Example 1:
👉 Rahim came to Assam from Bangladesh in 1965.
➡️ He is deemed an Indian citizen.

Example 2:
👉 Karim came from Bangladesh in 1968.
➡️ He must register as a foreigner, and after 10 years (no voting rights during this period), he gets full Indian citizenship.

📌 FACTS FOR PRELIMS – Citizenship & President Eligibility

Indian President

  • Any Indian citizen can become President —
    Whether they got citizenship by:

    • Birth

    • Descent

    • Registration

    • Naturalization

    • Incorporation of territory

✅ No restriction on how citizenship was acquired.

📝 Constitution Reference: Article 58(1)(a) — "A citizen of India"

US President

  • ❌ Only a person who is a “natural-born citizen” (citizen by birth) can become the President of the United States.

  • Citizens who got US citizenship by naturalization (like after immigration)
    ➡️ Cannot become US President.

🧾 Citizenship Amendment Act (CAA), 2019 – Explained Simply

🔧 What changed?

  • It amended the Citizenship Act, 1955.

  • It relaxed the rules for getting Indian citizenship through naturalization, but only for some people.

👥 Who gets benefit under CAA 2019?

Persons who:

  1. Belong to 6 religions:

    • Hindu

    • Sikh

    • Buddhist

    • Jain

    • Parsi

    • Christian

  2. Are from 3 countries:

    • Pakistan

    • Bangladesh

    • Afghanistan

  3. Entered India on or before 31st December 2014

  4. Were persecuted (ill-treated) in their home country due to religion

  5. Entered India illegally (without passport/visa)

What benefits do they get?

  • They will not be treated as illegal immigrants

  • No jail or punishment under:

    • Passport (Entry into India) Act, 1920

    • Foreigners Act, 1946

  • They will get fast-track citizenship by naturalization:

    • Must live in India for 6 years (instead of earlier 11 years)

      • 1 year immediately before application

      • 5 years in the previous 14 years

Who is excluded from CAA benefits?

  • People from Muslim community (they are not included in the Act)

  • People who entered after 31st Dec 2014

  • Applies only to 3 countries (not to Sri Lanka, Myanmar, etc.)

🚫 Exceptions to CAA (where it does not apply)

  1. Sixth Schedule Areas (Tribal areas):

    • Parts of Assam, Meghalaya, Mizoram, Tripura

  2. Inner Line Permit (ILP) Areas under Bengal Eastern Frontier Regulation Act, 1873:

    • Arunachal Pradesh, Mizoram, Nagaland, Manipur

🤝 Assam Accord, 1985 – Simplified

📜 What is it?

  • An agreement between the Indian government and people of Assam

  • Goal: Protect Assam’s identity and culture from large-scale immigration

📅 Main Provision

  • Anyone who came to Assam from Bangladesh:

    • Before 1 January 1966Full Citizenship immediately

    • Between 1 Jan 1966 and 25 March 1971:

      • Get citizenship after 10 years of living in Assam

      • During those 10 years: No voting rights

  • After 25 March 1971:
    No citizenship allowed.

⚔️ Conflict: CAA 2019 vs Assam Accord

Point Assam Accord CAA 2019
Cut-off Date 25 March 1971 31 December 2014
Applies to Only for Assam For whole India
Allowed from Bangladesh Bangladesh, Pakistan, Afghanistan
Problem People who came after 1971 are not allowed But CAA allows till 2014 – violates Assam Accord
Assam’s Concern This will increase illegal population, threaten Assamese culture

🧠 Example to Understand

  • A Hindu person from Bangladesh entered Assam in 1975:

    • Under Assam Accord → ❌ Not allowed citizenship

    • Under CAA 2019 → ✅ Can get Indian citizenship

    • ➡️ This creates conflict

🧾 Summary Chart:

Topic Key Points
CAA 2019 Citizenship for persecuted non-Muslim minorities from 3 countries (till 2014)
Assam Accord No citizenship to anyone entering after 25 March 1971
Conflict CAA allows what Assam Accord disallows — leading to public protests in Assam

Loss of Indian Citizenship

Under the Citizenship Act, 1955, Indian citizenship can be lost in 3 ways:

1. 📝 By Renunciation

  • An Indian citizen of full age and capacity can declare to renounce their citizenship.

  • Once registered, the person loses Indian citizenship.

  • During wartime, the govt can withhold this registration.

  • If a parent renounces citizenship, their minor child also loses it — but the child can reclaim it after turning 18.


2. 🌍 By Termination

  • If an Indian voluntarily acquires foreign citizenship, they automatically lose Indian citizenship.

  • This rule does not apply during war.


3. 🛑 By Deprivation (Forced by Government)

The Central Government can deprive someone of Indian citizenship if they:

  • (a) Got it by fraud

  • (b) Showed disloyalty to the Constitution

  • (c) Traded/communicated with the enemy during war

  • (d) Were imprisoned for 2+ years within 5 years of registration/naturalisation

  • (e) Lived outside India for 7 years continuously


🇮🇳 Single Citizenship in India

Key Point:

India follows Single Citizenship (like Canada), not Dual Citizenship (like USA).

What It Means:

  • Every Indian is a citizen of India only, not of a particular state.

  • One uniform set of rights and duties across the country.

  • Helps promote unity, fraternity, and national integration.


⚖️ Why Not Dual Citizenship (like USA)?

In USA:

  • A person is a citizen of both the country and a specific state.

  • This may lead to discrimination in voting, jobs, education, etc.

India avoids this by having only one citizenship, ensuring equal rights everywhere.


⚠️ Exceptions (Some Discriminations Allowed)

  1. Article 16 → Parliament can require residence in a state for certain jobs (non-gazetted posts):

    • Eg: Public Employment Act, 1957 (Now expired, except for Telangana & Andhra Pradesh)

  2. Article 15 → No discrimination by religion, caste, sex, etc., but states can give benefits to residents (like fee concessions in education).

  3. Article 19Movement and residence can be restricted in Scheduled Tribe areas to protect their culture and rights.

  4. Jammu & Kashmir (till 2019) → Special provisions under Article 35A allowed:

    • Defining “permanent residents

    • Exclusive rights in jobs, property, settlement, scholarships

    • This was abolished in 2019 by a new Presidential Order under Article 370.

🧩 Final Thought:

While the Constitution aims for national integration through single citizenship, communal riots, caste clashes, and linguistic disputes still challenge this ideal.

🌍 Overseas Citizenship of India (OCI)

📜 Background:

  • 2000: A High-Level Committee on Indian Diaspora (chaired by L.M. Singhvi) was formed to study and connect with global Indians.

  • 2002: Report submitted; recommended dual citizenship for PIOs (Persons of Indian Origin).

  • 2003: Citizenship Act amended to introduce OCI for PIOs from 16 specified countries (excluding Pakistan & Bangladesh).

  • 2005: OCI extended to PIOs of all countries (except Pakistan & Bangladesh), provided their home country allows dual citizenship.

  • 2015: OCI Cardholder concept introduced by merging PIO and OCI schemes (to remove confusion & offer better benefits).

OCI is a special status given to foreign nationals of Indian origin, allowing them to live and work in India for a long time.

⚠️ OCI is not dual citizenship — India does not allow dual citizenship.


🪪 OCI Cardholder Scheme (2015 Amendment)

Who can apply?

Any adult (above 18 years and mentally fit) who is a citizen of another country can apply for an OCI Card, if they meet any one of the following:

1️⃣ Were Indian citizens on or after 26 Jan 1950

Example:
👉 Ramesh was born in India in 1955 and later moved to the UK and took UK citizenship. He can apply for an OCI card because he was once an Indian citizen.

2️⃣ Were eligible to become Indian citizens on 26 Jan 1950

Example:
👉 Fatima was living in India before the Constitution came into force (before 1950). Though she never took Indian citizenship, she was eligible to become one. Now, she lives in Canada and can apply for an OCI card.

3️⃣ Belonged to a territory that became part of India after 15 Aug 1947

Example:
👉 John was born in Goa in 1945 (when it was under Portuguese rule). Goa became part of India in 1961. Now John is a US citizen — he is eligible for an OCI card.

4️⃣ Child / grandchild / great-grandchild of such persons

Example:
👉 Priya was born in the US. Her grandfather was born in India and was an Indian citizen. Priya can apply for an OCI card based on her grandfather’s Indian roots.

5️⃣ Minor child of a person covered in the above categories

Example:
👉 A 10-year-old boy named Aryan, born in Australia, has a mother who used to be an Indian citizen. Aryan is eligible for OCI as her minor child.

6️⃣ Minor child with one or both parents as Indian citizens

Example:
👉 A girl named Sara was born in the UK. Her father is an Indian citizen, her mother is British. Sara is eligible for an OCI card as her father is Indian.

7️⃣ Spouse of Indian citizen or OCI holder (married for 2+ years)

Example:
👉 Emma from Canada is married to Raj, an Indian citizen. They have been married for 3 years and have a registered marriage. Emma can apply for an OCI card.

Ineligibility:

  • No person (or their parents/grandparents/great-grandparents) from Pakistan, Bangladesh, or any country notified by the government can apply.


🛡️ Rights of OCI Cardholders

OCI cardholders enjoy several rights, but with some limitations.

Allowed Rights:

  • Lifelong visa-free travel to India

  • Multiple entries

  • Rights to buy property (non-agricultural), work, and study in India

  • Exemption from registering with police for any length of stay

Not Allowed:

They do NOT have these rights of Indian citizens:

  1. Equal opportunity in public employment

  2. Election rights:

    • Cannot be President / Vice President

    • Cannot be MPs / MLAs / MLCs

    • Cannot vote

  3. Judiciary:

    • Cannot be Judges of Supreme Court / High Courts

  4. Public Services: Not eligible for government jobs (unless specified by Central Govt)


🔁 Renunciation of OCI

  • Any OCI cardholder can renounce their card via a formal declaration.

  • After renunciation:

    • The person, their foreign spouse, and minor children (if registered) will cease to be OCI cardholders.


🛑 Cancellation of OCI Card

Govt can cancel OCI status if the person:

  1. Used fraud to get registration

  2. Showed disrespect to the Constitution

  3. Traded with the enemy during war

  4. Was imprisoned for ≥ 2 years within 5 years of registration

  5. Acts against:

    • Sovereignty/integrity

    • Security of India

    • Friendly relations with other countries

    • Public interest

  6. If marriage (basis of OCI):

    • Is dissolved, or

    • OCI holder marries someone else during existing marriage


🧠 Final Insight:

Though OCI offers many benefits, it is not equal to Indian citizenship. It is a privileged status, not full membership in the Indian Republic.


🧾 UPSC Prelims 2021 – Polity Question

Q. With reference to India, consider the following statements:

  1. There is only one citizenship and one domicile.

  2. A citizen by birth only can become the Head of State.

  3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3

Correct Answer: (a) 1 only

Read More: Citizenship (Amendment) Rules, 2024

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