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Citizenship in India

Citizenship in India defines the legal relationship between an individual and the state, conferring rights and duties as outlined in Part II of the Constitution of India (Articles 5–11). It establishes who is a citizen, their rights (e.g., voting, holding public office), and obligations (e.g., paying taxes, obeying laws). The Constitution provides the framework, while the Citizenship Act, 1955, and its amendments detail the processes for acquisition and loss of citizenship.

Constitutional Provisions on Citizenship

Part II of the Indian Constitution (Articles 5–11) lays down the foundation for citizenship at the time of the Constitution’s commencement (January 26, 1950). These provisions are:

• Article 5: Grants citizenship to persons domiciled in India at the commencement of the Constitution who were born in India, or whose parents were born in India, or who resided in India for at least five years immediately preceding January 26, 1950.
• Article 6: Provides citizenship to persons who migrated from Pakistan to India before July 19, 1948, or those who migrated after that date but registered with the authorities and resided in India for at least six months.
• Article 7: Addresses persons who migrated from India to Pakistan after March 1, 1947, but returned to India under a permit for resettlement.
• Article 8: Grants citizenship to persons of Indian origin residing outside India who or whose parents/grandparents were born in India, provided they register with an Indian diplomatic mission.
• Article 9: States that a person who voluntarily acquires the citizenship of a foreign state shall not be a citizen of India.
• Article 10: Ensures that persons deemed citizens under Articles 5–8 continue to be citizens, subject to laws made by Parliament.
• Article 11: Empowers Parliament to make laws regarding the acquisition, termination, and other matters related to citizenship.

Acquisition of Citizenship

The Citizenship Act, 1955, supplemented by amendments, governs the acquisition of citizenship post-1950. The modes of acquiring citizenship are:

• By Birth (Section 3): Persons born in India on or after January 26, 1950, but before July 1, 1987, are citizens. After July 1, 1987, at least one parent must be an Indian citizen. After December 3, 2004, neither parent can be an illegal migrant at the time of birth.
• By Descent (Section 4): A person born outside India on or after January 26, 1950, is a citizen if their father (or, after 1992, either parent) was an Indian citizen by birth at the time of their birth.
• By Registration (Section 5): Persons of Indian origin, minors, or spouses of Indian citizens can acquire citizenship by registering with the prescribed authority, subject to conditions like residency.
• By Naturalisation (Section 6): Foreigners with 11 years of residence in India (or 7 years for certain categories) can apply for citizenship, provided they meet conditions like renouncing foreign citizenship.
• By Incorporation of Territory (Section 7): If new territory becomes part of India, its residents may be granted citizenship as per government orders.

Loss of Citizenship

The Citizenship Act, 1955, specifies three ways to lose Indian citizenship:

• Renunciation (Section 8): A citizen of full age and capacity can renounce citizenship by making a declaration to the prescribed authority. If a parent renounces citizenship, their minor children may also lose it.
• Termination (Section 9): Citizenship is terminated if a person voluntarily acquires the citizenship of another country (as per Article 9 of the Constitution).
• Deprivation (Section 10): The government can deprive a citizen of citizenship (acquired by registration, naturalisation, or other means) on grounds like fraud, disloyalty, or aiding an enemy state during war.

Citizenship Act, 1955 and Amendments

The Citizenship Act, 1955, is the primary legislation governing citizenship post-Constitution. Key amendments include:

• 1986 Amendment: Modified citizenship by birth to require one parent to be an Indian citizen, addressing immigration concerns.
• 2003 Amendment: Introduced stricter conditions for citizenship by birth and provisions for Overseas Citizenship of India (OCI).
• 2019 Amendment: Provided a pathway for religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Bangladesh, and Afghanistan, who entered India before December 31, 2014, to acquire citizenship.
• Overseas Citizenship of India (OCI): Introduced in 2005, OCI allows persons of Indian origin to live and work in India indefinitely, though without political rights.
• Person of Indian Origin (PIO): Merged with OCI in 2015, streamlining benefits for the Indian diaspora.

UPSC Relevance

Citizenship is a critical topic in the UPSC syllabus under Indian Polity (GS Paper II). Aspirants should focus on:

• Constitutional provisions (Articles 5–11).
• Provisions of the Citizenship Act, 1955, and its amendments, especially 2019.
• Key judicial pronouncements, such as those related to the National Register of Citizens (NRC) and Citizenship Amendment Act (CAA).
• Issues like illegal migration, OCI, and the balance between national security and human rights.