Citizenship In India

Citizenship decides the legal relationship between a person and the State.

A citizen enjoys full civil and political rights, while an alien does not enjoy all such rights.

In India, citizenship is mentioned in Part II of the Constitution, from Articles 5 to 11.

Citizenship Under The Constitution

Citizenship is listed in the Union List, so Parliament has exclusive power to make laws on citizenship.

The Constitution does not define the word citizen in detail.

Instead, it explains who became citizens of India at the commencement of the Constitution.

Important Constitutional Facts

• Citizenship provisions are found in Part II.
• Relevant Articles are Articles 5 to 11.
• These Articles came into force on 26 November 1949.
• Other major provisions of the Constitution came into force on 26 January 1950.
• Parliament has the power to regulate acquisition and loss of citizenship.

Rights Available Only To Citizens

Some rights are available only to Indian citizens.

These include:

• Article 15 – Protection against discrimination.
• Article 16 – Equality of opportunity in public employment.
• Article 19 – Six freedoms.
• Article 29 – Protection of culture and language.
• Article 30 – Rights of minorities to establish and administer educational institutions.
• Right to vote in Lok Sabha and State Assembly elections.
• Right to contest elections.
• Right to hold public offices such as President.

Duties Of Citizens

Citizens also have duties toward the country.

These include:

• Payment of taxes.
• Respect for the National Flag.
• Respect for the National Anthem.
• Loyalty to the Constitution.

Citizenship By Birth And Naturalisation

In India, both citizens by birth and citizens by naturalisation are eligible for the office of President.

This is different from the United States, where only a citizen by birth can become President.

Principles Of Citizenship

There are two major principles used in the world for granting citizenship.

Principle	Meaning
Jus Soli	Citizenship based on place of birth
Jus Sanguinis	Citizenship based on blood relationship or descent

Indian leaders generally supported the broader idea of jus soli.

The Constituent Assembly rejected a purely racial idea of citizenship based only on blood ties.

Article 5 – Citizenship At The Commencement Of The Constitution

Article 5 dealt with people who had domicile in India when the Constitution commenced.

A person became a citizen of India if he had domicile in India and fulfilled any one of these conditions:

• He was born in India.
• Either of his parents was born in India.
• He had been ordinarily resident in India for 5 years immediately before the commencement of the Constitution.

Article 6 – Migrants From Pakistan To India

Article 6 dealt with persons who migrated to India from Pakistan.

A person became an Indian citizen if he or either of his parents or grandparents was born in undivided India and fulfilled the required conditions.

If The Person Migrated Before 19 July 1948

• He must have been ordinarily resident in India since the date of migration.

If The Person Migrated On Or After 19 July 1948

• He had to be registered as a citizen of India.
• For registration, he had to be resident in India for 6 months before applying.

Article 7 – Persons Who Migrated To Pakistan And Returned

Article 7 dealt with people who migrated to Pakistan after 1 March 1947 but later returned to India.

Such a person could become an Indian citizen if he was resident in India for 6 months before applying for registration.

Article 8 – Persons Of Indian Origin Living Abroad

Article 8 dealt with persons of Indian origin residing outside India.

Such persons could become Indian citizens if they were registered by Indian diplomatic or consular representatives in the country where they lived.

Article 9 – Voluntary Citizenship Of Foreign State

Article 9 says that a person shall not be an Indian citizen if he voluntarily acquires citizenship of a foreign state.

This reflects the rule that India does not allow full dual citizenship.

Article 10 – Continuance Of Citizenship

Article 10 says that a person who is a citizen of India shall continue to be a citizen, subject to laws made by Parliament.

Article 11 – Parliament’s Power

Article 11 gives Parliament the power to make laws related to:

• Acquisition of citizenship.
• Termination of citizenship.
• Other matters connected with citizenship.

Citizenship Act, 1955

The Citizenship Act, 1955 provides rules for acquisition and loss of Indian citizenship.

It has been amended several times, including in:

• 1986
• 1992
• 2003
• 2005
• 2015
• 2019

Modes Of Acquiring Indian Citizenship

Indian citizenship can be acquired by:

• Birth
• Descent
• Registration
• Naturalisation
• Incorporation of territory

Citizenship By Birth

The rules for citizenship by birth changed over time.

From 26 January 1950 To 1 July 1987

A person born in India was an Indian citizen by birth, regardless of the nationality of parents.

From 1 July 1987 To 3 December 2004

A person born in India became an Indian citizen if either parent was an Indian citizen at the time of birth.

On Or After 3 December 2004

A person born in India becomes an Indian citizen only if:

• Both parents are Indian citizens, or
• One parent is an Indian citizen and the other is not an illegal migrant.

Children of foreign diplomats and enemy aliens cannot acquire citizenship by birth.

Citizenship By Descent

A person born outside India can become an Indian citizen by descent.

From 26 January 1950 To 10 December 1992

The person became an Indian citizen if the father was an Indian citizen at the time of birth.

On Or After 10 December 1992

The person became an Indian citizen if either parent was an Indian citizen at the time of birth.

After 3 December 2004

Birth must be registered at an Indian consulate within one year.

If registration is delayed, permission of the Central Government is required.

Parents must also give an undertaking that the child does not hold the passport of another country.

Citizenship By Registration

Certain categories of persons can acquire Indian citizenship by registration.

These include:

• Persons of Indian Origin ordinarily resident in India for 7 years.
• Persons of Indian Origin ordinarily resident outside undivided India.
• A person married to an Indian citizen and ordinarily resident in India for 7 years.
• Minor children of Indian citizens.
• Adult children of registered citizens.
• A person whose parents were earlier citizens of independent India and who has resided in India for 1 year before applying.

Citizenship By Naturalisation

A person may acquire citizenship by naturalisation if legal conditions are fulfilled.

Some important conditions include:

• The person must renounce citizenship of another country if required.
• The person must have resided in India or served the Government of India for the required period.
• The person must be of good character.
• The person must know any one of the 22 languages in the Eighth Schedule.
• The person must intend to reside in India or continue service connected with India.
• A naturalised citizen must take an oath of allegiance to the Constitution of India.

Citizenship By Incorporation Of Territory

If a foreign territory becomes part of India, the Government of India specifies which persons from that territory become Indian citizens.

Example

After India acquired Goa, Daman and Diu from the Portuguese, citizenship was granted under the Goa, Daman and Diu Citizenship Order, 1962.

Assam Accord And Citizenship

The Citizenship Amendment Act, 1985 added special provisions for persons covered by the Assam Accord, 1985.

Important Provisions

• Persons of Indian origin who came to Assam from Bangladesh before 1 January 1966 and lived there continuously were treated as Indian citizens.
• Persons who came between 1 January 1966 and 25 March 1971 had to register themselves.
• Such persons became citizens after 10 years from detection as foreigners.
• During those 10 years, they had rights and duties like citizens, except the right to vote.
• 25 March 1971 became the cut-off date for deportation of illegal migrants under the Assam Accord.

Section 6A Of The Citizenship Act

Section 6A applies only to Assam.

It provides special citizenship rules for people who migrated from Bangladesh to Assam.

The section became important in relation to the National Register of Citizens in Assam.

Citizenship Amendment Act, 2019

The Citizenship Amendment Act, 2019 provides a special path to citizenship for certain migrants from three countries:

• Pakistan
• Bangladesh
• Afghanistan

It applies to members of six communities:

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

These persons must have entered India before 31 December 2014.

The Act also reduced the residence requirement for citizenship from 11 years to 5 years for these categories.

Loss Of Citizenship

Indian citizenship can be lost in three ways:

• Renunciation
• Termination
• Deprivation

Renunciation

Renunciation means voluntarily giving up Indian citizenship.

If a person renounces Indian citizenship, he ceases to be an Indian citizen.

When a father loses citizenship, minor children also lose citizenship.

However, such children can reclaim Indian citizenship within one year of attaining majority.

Termination

Citizenship can be terminated if a person voluntarily acquires citizenship of another country.

Important cases connected with this issue include:

• Bhagwati Prasad v. Rajeev Gandhi, 1986
• Madhya Pradesh v. Peer Mohd., 1963
• Hari Shankar v. Sonia Gandhi, 2001

Deprivation

Deprivation is compulsory termination of citizenship by the Central Government.

It may happen if:

• Citizenship was obtained by fraud.
• The citizen showed disloyalty to the Constitution.
• The citizen unlawfully traded or communicated with the enemy during war.
• The citizen was imprisoned in any country for 2 years within 5 years after registration or naturalisation.
• The citizen has been ordinarily resident outside India for 7 years continuously.

Overseas Citizen Of India

The Overseas Citizen of India, or OCI, scheme was introduced in 2005 through an amendment to the Citizenship Act, 1955.

OCI allows foreign citizens of Indian origin to live, work and travel in India more easily.

However, OCI is not dual citizenship.

In 2015, the PIO and OCI categories were merged.

As of 31 January 2022, 40.68 lakh OCI cards had been issued.

Eligibility For OCI

Foreign nationals, except citizens of Pakistan and Bangladesh, may be eligible if they:

• Were citizens of India on or after 26 January 1950.
• Were eligible to become Indian citizens on 26 January 1950.
• Belonged to a territory that became part of India after 15 August 1947.
• Are children, grandchildren or great-grandchildren of such persons.
• Are minor children of such persons.
• Have one Indian parent.
• Are foreign-origin spouses of Indian citizens or OCI cardholders, if the marriage has been registered and has lasted at least 2 years before application.

Persons serving or retired from foreign military services are not entitled to OCI status.

Benefits Of OCI

OCI cardholders get several benefits.

• Multiple-entry, multi-purpose lifelong visa for India.
• Parity with NRIs in many financial, economic and educational matters.
• Eligibility for Indian citizenship after 5 years as an OCI cardholder, with at least 1 year residence in India during the last 5 years.
• Eligibility to join the National Pension System on equal terms with NRIs.

Limitations Of OCI

OCI is not full citizenship.

OCI cardholders:

• Do not get voting rights.
• Cannot become President or Vice-President of India.
• Cannot become judges of the Supreme Court or High Courts.
• Cannot become members of Lok Sabha, Rajya Sabha or State Legislatures.
• Cannot hold regular government jobs except where specifically permitted.
• Need special permission for activities such as research, mountaineering, missionary work and journalistic work.
• Cannot acquire agricultural or plantation land in India.

Cancellation Of OCI

OCI registration can be cancelled under Section 7D of the Citizenship Act, 1955.

Grounds include:

• Fraud or misrepresentation in application.
• Anti-India activities.
• Violation of conditions under the Citizenship Act.

Person Of Indian Origin

A Person of Indian Origin, or PIO, is a foreign citizen with Indian ancestry or connection.

The PIO category excluded nationals of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal.

A person could be treated as PIO if:

• He once held an Indian passport.
• His parents, grandparents or great-grandparents were born and permanently resident in India.
• He was the spouse of an Indian citizen or PIO.

In 2015, the PIO category was merged with OCI.

Important Facts At A Glance

Topic	Important Fact
Constitutional Part	Part II
Articles	Articles 5 to 11
Citizenship provisions came into force	26 November 1949
Citizenship law	Citizenship Act, 1955
Parliament’s power	Article 11
Main principles	Jus soli and jus sanguinis
Citizenship by birth rule changed	1987 and 2004
Assam Accord cut-off date	25 March 1971
CAA year	2019
CAA countries	Pakistan, Bangladesh, Afghanistan
CAA communities	Hindu, Sikh, Buddhist, Jain, Parsi, Christian
OCI introduced	2005
PIO-OCI merger	2015

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