Citizenship in India – Articles 5 to 11 of the Indian Constitution, covering citizens, aliens, rights exclusive to citizens, constitutional provisions, and the Citizenship Act. Essential for UPSC and competitive exams.

Citizenship in India

• Citizens and Aliens

  • India recognises two categories of people — citizens and aliens.
  • Citizens are full members of the Indian state, owe allegiance to it, and enjoy all civil and political rights.
  • Aliens are nationals of other states and do not enjoy the full range of rights available to citizens.
  • Aliens are classified into:
    • (i) Friendly aliens — citizens of countries maintaining cordial relations with India
    • (ii) Enemy aliens — citizens of nations at war with India, who enjoy fewer rights (e.g., they are not entitled to protection against arrest and detention under Article 22).

• Rights Exclusive to Citizens

  • The Constitution grants the following rights and privileges solely to citizens:
    • (i) Right against discrimination on the basis of religion, race, caste, sex, or place of birth (Article 15)
    • (ii) Equality of opportunity in matters of public employment (Article 16)
    • (iii) Right to freedom of speech, expression, assembly, association, movement, residence, and profession (Article 19)
    • (iv) Cultural and educational rights (Articles 29 and 30)
    • (v) Right to vote in elections to the Lok Sabha and State Legislative Assemblies
    • (vi) Right to contest for membership in Parliament or State Legislatures
    • (vii) Eligibility for specific high offices — President, Vice-President, judges of the Supreme Court and High Courts, governors, Attorney General of India, and Advocate General of states
  • Citizens also owe duties such as paying taxes, respecting the national flag and anthem, and defending the nation.
  • In India, both citizens by birth and naturalised citizens can become President, whereas in the USA only citizens by birth are eligible.

• Constitutional Provisions

  • Articles 5 to 11 under Part II deal with citizenship.
  • These provisions are neither permanent nor exhaustive — they only identify who became citizens at the commencement of the Constitution on 26 January 1950.
  • Matters of acquisition and loss of citizenship after commencement are left to Parliament through legislation.
  • The Citizenship Act, 1955 (amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005, and 2015) governs these issues.

• Citizenship at the Commencement of the Constitution

  • Four categories of persons became Indian citizens on 26 January 1950:
    • (i) Persons domiciled in India meeting any one of these conditions — born in India; or having a parent born in India; or residing in India for five years prior to commencement (Article 5).
    • (ii) Migrants from Pakistan:
      • (a) If migrated before 19 July 1948 — ordinarily resident since migration.
      • (b) If migrated on or after 19 July 1948 — registered as a citizen after residing for six months preceding application (Article 6).
    • (iii) Persons who migrated to Pakistan after 1 March 1947 but later returned for resettlement — eligible upon six months’ residence before registration (Article 7).
    • (iv) Persons of Indian origin residing abroad — eligible upon registration by an Indian diplomatic or consular representative (Article 8).
  • These categories cover:
    • (i) Persons domiciled in India
    • (ii) Migrants from Pakistan
    • (iii) Migrants to Pakistan later returning
    • (iv) Overseas Indians

• Other Constitutional Rules on Citizenship

  • (i) A person ceases to be a citizen if they voluntarily acquire foreign citizenship (Article 9).
  • (ii) Persons deemed citizens at commencement remain so unless Parliament legislates otherwise (Article 10).
  • (iii) Parliament holds authority over acquisition, termination, and all other matters concerning citizenship (Article 11).

Citizenship Act, 1955

• Overview and Amendments

  • The Citizenship Act, 1955 regulates acquisition and loss of citizenship post-constitution commencement.
  • It has been amended eight times by:
    • (i) The Citizenship (Amendment) Act, 1957
    • (ii) The Repealing and Amending Act, 1960
    • (iii) The Citizenship (Amendment) Act, 1985
    • (iv) The Citizenship (Amendment) Act, 1986
    • (v) The Citizenship (Amendment) Act, 1992
    • (vi) The Citizenship (Amendment) Act, 2003
    • (vii) The Citizenship (Amendment) Act, 2005
    • (viii) The Citizenship (Amendment) Act, 2015
  • Originally, the Act included provisions for Commonwealth citizenship, which were repealed by the 2003 Amendment.

• Acquisition of Citizenship

  • The Act specifies five modes of acquiring citizenship: birth, descent, registration, naturalisation, and incorporation of territory.

  • By Birth

    • Persons born in India between 26 January 1950 and 1 July 1987 are citizens by birth, regardless of parents’ nationality.
    • For births on or after 1 July 1987, citizenship by birth applies only if at least one parent is a citizen of India.
    • From 3 December 2004 onwards, citizenship by birth requires both parents to be citizens or one parent to be a citizen and the other not an illegal migrant.
    • Children of foreign diplomats and enemy aliens cannot claim citizenship by birth.

  • By Descent

    • Persons born outside India between 26 January 1950 and 10 December 1992 are citizens by descent if their father was an Indian citizen at birth.
    • After 10 December 1992, citizenship by descent applies if either parent is an Indian citizen.
    • Since 3 December 2004, birth registration at an Indian consulate within one year, or with Central Government permission thereafter, is required.
    • Minors holding dual citizenship must renounce foreign citizenship within six months of attaining adulthood to retain Indian citizenship.

  • By Registration

    • The Central Government may register a person (excluding illegal migrants) as an Indian citizen if they belong to any of the following:
      • (a) Persons of Indian origin ordinarily resident in India for seven years prior to application.
      • (b) Persons of Indian origin ordinarily residing outside undivided India.
      • (c) Persons married to Indian citizens, ordinarily resident in India for seven years before application.
      • (d) Minor children of Indian citizens.
      • (e) Adults whose parents are registered Indian citizens.
      • (f) Adults or their parents who were earlier Indian citizens, ordinarily resident in India for twelve months before application.
      • (g) Overseas Citizen of India cardholders registered for five years, ordinarily resident in India for twelve months prior to application.
    • A person is of Indian origin if they or their parents were born in undivided India or territories incorporated after 15 August 1947.
    • All applicants must take an oath of allegiance: "I, A/B………………. do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India."

  • By Naturalisation

    • The Central Government may grant naturalisation certificates to applicants (excluding illegal migrants) who meet these conditions:
      • (a) They are not nationals of countries that restrict Indian citizens from naturalisation.
      • (b) They undertake to renounce foreign citizenship upon acceptance.
      • (c) They have resided in India or served the Indian Government for twelve months immediately before application.
      • (d) In the preceding fourteen years, they have resided in India or served the Government for at least eleven years cumulatively.
      • (e) They possess good character.
      • (f) They have adequate knowledge of a language listed in the Constitution’s Eighth Schedule.
      • (g) They intend to reside in India or serve under the Indian Government or an international organisation involving India.
    • The Government may waive any naturalisation conditions for persons with distinguished contributions to science, philosophy, art, literature, world peace, or human progress.
    • Naturalised citizens must also swear allegiance to the Constitution.

  • By Incorporation of Territory

    • If a foreign territory becomes part of India, the Government determines who among its inhabitants become Indian citizens from the notified date.
    • For example, when Pondicherry merged with India, the Citizenship (Pondicherry) Order, 1962 was issued under this Act.

  • Special Provisions Under the Assam Accord

    • The Citizenship (Amendment) Act, 1985 introduced special citizenship provisions concerning persons covered by the Assam Accord relating to foreigners:
      • (a) Persons of Indian origin who arrived in Assam before 1 January 1966 from Bangladesh and have been residents since then are deemed Indian citizens from that date.
      • (b) Persons of Indian origin who arrived in Assam between 1 January 1966 and 25 March 1971, detected as foreigners, must register. After ten years from detection, they are considered citizens with all rights except voting during the interim.

Loss of Citizenship and Single Citizenship in India

• Loss of Citizenship

  • The Citizenship Act, 1955 outlines three principal ways by which Indian citizenship can be lost, whether obtained under the Act or the Constitution:
  • (i) By Renunciation: Any citizen of full age and capacity may voluntarily declare renunciation of Indian citizenship. Once this declaration is registered, citizenship ceases. However, if made during a war involving India, registration may be withheld by the Central Government.
  • When a citizen renounces citizenship, all their minor children also lose citizenship; however, those children may reclaim citizenship upon reaching 18 years of age.
  • (ii) By Termination: Citizenship automatically ends if a person voluntarily acquires citizenship of another country, except during times of war.
  • (iii) By Deprivation: The Central Government may compulsorily revoke citizenship if:
    • (a) It was obtained by fraud;
    • (b) The citizen displayed disloyalty to the Constitution;
    • (c) The citizen unlawfully traded or communicated with the enemy during war;
    • (d) The citizen was imprisoned abroad for two years within five years of registration or naturalisation;
    • (e) The citizen has been residing outside India continuously for seven years.

• Single Citizenship in India

  • Although India is a federal country, it provides for only a single citizenship — Indian citizenship. Citizens owe allegiance solely to the Union, and there is no separate state citizenship.
  • Unlike countries such as the USA and Switzerland, which have dual citizenship (national plus state), India avoids problems of discrimination arising from multiple citizenships.
  • In India, political and civil rights are uniform nationwide regardless of the state of birth or residence.
  • However, certain exceptions exist:
    • (i) Parliament may require residence within a state or union territory as a condition for certain public employment under Article 16. For instance, the Public Employment (Requirement as to Residence) Act, 1957 authorised residential qualifications only for non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur, and Tripura. After expiry in 1974, only Andhra Pradesh and Telangana retain such provisions.
    • (ii) The Constitution forbids discrimination based on religion, race, caste, sex, or place of birth (Article 15) but does not prohibit preference based on residence for matters outside constitutional rights. For example, states may provide fee concessions in education to residents.
    • (iii) Freedom of movement and residence (Article 19) is limited to protect interests of scheduled tribes, restricting outsider settlement in tribal areas to preserve their distinct culture and traditional rights.
    • (iv) In Jammu and Kashmir, the state legislature defines permanent residents and grants special privileges such as employment preferences, property rights, and scholarships.
  • India’s single citizenship system, similar to Canada’s, aims to foster national unity and fraternity. Nonetheless, challenges such as communal riots, caste and ethnic conflicts, and linguistic clashes have prevented full realization of an integrated Indian nation as envisioned by the Constitution-makers.

Overseas Citizenship of India

• High Level Committee on the Indian Diaspora

  • In September 2000, the Government of India’s Ministry of External Affairs established a committee chaired by L.M. Singhvi to thoroughly study the global Indian Diaspora and recommend ways to foster constructive ties.
  • The committee submitted its report in January 2002, suggesting an amendment to the Citizenship Act, 1955 to allow dual citizenship for Persons of Indian Origin (PIOs) from select countries.

• Citizenship (Amendment) Act, 2003

  • This Act introduced provisions for Overseas Citizenship of India (OCI) for PIOs from 16 specified countries, excluding Pakistan and Bangladesh.
  • It also removed all references to Commonwealth Citizenship from the principal Act.

• Citizenship (Amendment) Act, 2005

  • Expanded the OCI scheme to include PIOs from all countries except Pakistan and Bangladesh, provided their home countries allow dual citizenship.
  • Note: The Indian Constitution (Article 9) forbids actual dual citizenship; therefore, OCI is not equivalent to dual nationality.

• Citizenship (Amendment) Act, 2015

  • Introduced the unified “Overseas Citizen of India Cardholder” scheme by merging the earlier PIO card and OCI card programs.
  • The PIO card scheme began on 19-08-2002, while the OCI card scheme started on 01-12-2005. Both ran simultaneously, causing confusion among applicants.
  • To resolve this, the government merged the schemes effective from 09-01-2015, deeming all existing PIO cardholders as OCI cardholders from that date.
  • The amendment replaced the term “Overseas Citizen of India” with “Overseas Citizen of India Cardholder” and laid down new regulations in the principal Act.

• I. Registration of Overseas Citizen of India Cardholder

  • The Central Government may register as an OCI Cardholder any person of full age and capacity who meets one of the following:
    • (i) A citizen of another country who was an Indian citizen at or after the Constitution’s commencement.
    • (ii) A citizen of another country eligible for Indian citizenship at the Constitution’s commencement.
    • (iii) A citizen of another country from a territory that became part of India after 15th August, 1947.
    • (iv) A child, grandchild, or great-grandchild of such a citizen.
  • Also eligible are:
    • (a) Minor children of persons mentioned above.
    • (b) Minor children whose one or both parents are Indian citizens.
    • (c) Foreign-origin spouses of Indian citizens or OCI Cardholders whose marriage has been registered and subsisted continuously for at least two years before application.
  • No person or their ancestors who are or have been citizens of Pakistan, Bangladesh, or any other country as specified by the Central Government shall be eligible.
  • The Central Government may also set a date from which existing PIO cardholders will be deemed OCI Cardholders.
  • In exceptional cases, after recording special circumstances, the Central Government may register any person as an OCI Cardholder notwithstanding other conditions.

• II. Rights of Overseas Citizen of India Cardholder

  • OCI Cardholders are entitled to rights specified by the Central Government.
  • However, they do not enjoy certain rights exclusive to Indian citizens, including:
    • (i) Equality of opportunity in public employment.
    • (ii) Eligibility for election as President or Vice-President.
    • (iii) Appointment as Judge of the Supreme Court or High Court.
    • (iv) Registration as a voter.
    • (v) Membership in the House of the People, Council of States, or State Legislatures.
    • (vi) Appointment to public services related to Union or State affairs, except as specifically allowed by the Central Government.

• III. Renunciation of Overseas Citizen of India Card

  • An OCI Cardholder may renounce their card by making a prescribed declaration registered by the Central Government, upon which they cease to be an OCI Cardholder.
  • When a person ceases to be an OCI Cardholder, their foreign-origin spouse and any minor children registered as OCI Cardholders also lose their status.

• IV. Cancellation of Registration as Overseas Citizen of India Cardholder

  • The Central Government may cancel registration if satisfied that:
    • (i) Registration was obtained by fraud, false representation, or concealment of material facts.
    • (ii) The OCI Cardholder has shown disaffection towards the Constitution of India.
    • (iii) The OCI Cardholder unlawfully traded or communicated with an enemy during a war involving India.
    • (iv) The OCI Cardholder has been sentenced to at least two years imprisonment within five years of registration.
    • (v) Cancellation is necessary in the interest of India’s sovereignty, security, friendly foreign relations, or public interest.
    • (vi) The OCI Cardholder’s marriage:
      • (a) Has been dissolved by a competent court or otherwise; or
      • (b) Has not been dissolved but the person has solemnised a subsequent marriage during the subsistence of the first marriage.