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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.
Amith

Citizenship

📘 Citizenship – Meaning and Significance

👥 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.

✅ 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

✅ 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

✅ 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.

❗ 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).

⚖️ 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 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 – June 30, 1987 → Citizen by birth, no matter parents' nationality.

  • Born between July 1, 1987 – Dec 2, 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 → 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.

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, 1966 → Deemed 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.

❌ 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 19 → Movement 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 Cardholder Scheme (2015 Amendment)

✅ Who can apply?

Persons of full age & capacity who are citizens of another country, and:

  • Were citizens of India on or after 26th Jan 1950, OR

  • Were eligible to become Indian citizens at Constitution's commencement, OR

  • Belonged to a territory that became part of India after 15th August 1947, OR

  • Are children/grandchildren/great-grandchildren of such persons, OR

  • Are minor children of such persons, OR

  • Are minor children with one or both parents Indian citizens, OR

  • Are spouses of Indian citizens or OCI cardholders (marriage must be registered and continued for at least 2 years).

❌ 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.


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