Citizenship is the legal relationship between an individual and the State. It confers civil, political and constitutional rights, imposes duties, and determines an individual's allegiance to the country.
India follows the concept of Single Citizenship, meaning every citizen is a citizen of India only, irrespective of the State in which he or she resides.
About Indian Citizenship
Definition
Citizenship denotes the full membership of the Indian State. It gives an individual the legal status of being an Indian citizen and distinguishes citizens from foreigners.
Key Features
- Single Citizenship (Unlike USA's Dual Citizenship)
- Applicable uniformly throughout India.
- Citizenship can be acquired, terminated or regulated only according to law.
- Parliament has exclusive power to regulate citizenship.
- Constitution originally dealt only with citizenship at the commencement of the Constitution.
- Detailed provisions are contained in the Citizenship Act, 1955.
Rights granted to Citizens of India:
Article 15: Right against discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 16: Right to equal opportunities in public employment.
Article 19: Right to freedom of speech and expression, assembly, association, movement, residence and profession.
Articles 29 and 30: Cultural and educational rights.
Right to vote and right to contest elections.
Eligibility to hold certain public offices, such as President of India, Vice-President of India.
National Register of Citizens (NRC): The NRC is an official register that contains the names of Indian citizens. It was prepared for the first and only time in 1951, based on the data collected during the 1951 Census, by recording the particulars of all individuals enumerated in that census.
Citizenship Act, 1955
The Citizenship Act, 1955 was enacted by Parliament under Article 11 of the Constitution to regulate matters relating to the acquisition, determination, and termination of Indian citizenship.
The Act provides for:
- Acquisition of citizenship
- Termination of citizenship
- Renunciation of citizenship
- Deprivation of citizenship
- Overseas Citizen of India (OCI) provisions (added later)
Major Amendments to the Citizenship Act, 1955
| Year | Major Provision | Significance |
|---|---|---|
| 1986 | Restricted citizenship by birth | Assam Accord implementation |
| 1992 | Citizenship by descent through either parent | Gender equality |
| 2003 | Illegal migrant, NRC, OCI framework, stricter birth citizenship | Strengthened citizenship regulation |
| 2005 | Introduced OCI scheme | Benefits for overseas Indians |
| 2015 | Merged PIO with OCI | Simplified overseas citizenship |
| 2019 | CAA for specified minorities from Pakistan, Afghanistan and Bangladesh | Fast-track naturalisation |
Citizenship (Amendment) Act, 2019 (CAA)
Objective
To provide a fast-track pathway to Indian citizenship for certain persecuted religious minorities from neighbouring countries.
Eligible Communities
- Hindus
- Sikhs
- Buddhists
- Jains
- Parsis
- Christians
Eligible Countries
- Pakistan
- Afghanistan
- Bangladesh
Cut-off Date: Must have entered India on or before 31 December 2014.
Changes
- Such migrants are not treated as illegal migrants for the purpose of the Act.
- Reduced the required period of residence for naturalisation from 11 years to 5 years.
Exempted Areas
CAA does not apply to:
- Tribal areas included under the Sixth Schedule of the Constitution.
- Areas covered under the Inner Line Permit (ILP) system.
Constitutional Provisions (Part II: Articles 5–11)
| Article | Provision |
|---|---|
| Article 5 | Citizenship at the commencement of the Constitution |
| Article 6 | Rights of citizenship of migrants from Pakistan |
| Article 7 | Rights of migrants who migrated to Pakistan but later returned |
| Article 8 | Citizenship of Persons of Indian Origin (PIOs) residing abroad |
| Article 9 | Voluntary acquisition of foreign citizenship results in loss of Indian citizenship |
| Article 10 | Continuance of citizenship subject to Parliamentary law |
| Article 11 | Parliament empowered to regulate citizenship by law |
Modes of Acquisition of Citizenship
The Citizenship Act, 1955 provides five modes of acquiring Indian citizenship.
A. By Birth (Section 3): A person born in India acquires citizenship depending upon the date of birth.
Categories
1. Born between 26 January 1950 – 1 July 1987
- Every person born in India is an Indian citizen.
- Citizenship based on Jus Soli (Right of Soil).
2. Born between 1 July 1987 – 3 December 2004
Citizen only if: Either parent is an Indian citizen.
3. Born on or after 3 December 2004
Citizen only if:
- Both parents are Indian citizens; OR
- One parent is Indian citizen and the other is not an illegal migrant.
B. By Descent (Section 4): Citizenship is acquired by birth outside India to Indian parents.
Conditions vary depending upon:
- Date of birth
- Citizenship of parents
- Registration at Indian Consulate (where applicable)
Key Points
- Applicable to children born outside India.
- Certain cases require registration within the prescribed period.
C. By Registration (Section 5): Certain categories of persons may apply for citizenship through registration, include:
- Persons of Indian Origin (PIO)
- Person married to an Indian citizen
- Minor children of Indian citizens
- Overseas persons fulfilling prescribed conditions
Registration is not automatic; approval by the Central Government is required.
D. By Naturalisation (Section 6): Foreign nationals may obtain Indian citizenship after fulfilling prescribed qualifications.
Important Conditions
- Good character
- Intention to reside in India
- Knowledge of a language listed in the Eighth Schedule
- Fulfilment of residence requirements prescribed under the Citizenship Act
The Central Government may relax conditions in special cases.
E. By Incorporation of Territory (Section 7): When a new territory becomes part of India, the Government specifies who among its residents shall become Indian citizens.
Examples
- Goa (1961)
- Puducherry
- Sikkim (1975)
Important Constitutional Rights Available Only to Citizens
| Provision | Right |
|---|---|
| Article 15 | No discrimination by State |
| Article 16 | Equality in public employment |
| Article 19 | Six Fundamental Freedoms |
| Article 29(1) | Protection of language, culture and script |
| Article 30 | Minority educational institutions |
| Articles 58 & 66 | President and Vice-President (eligibility as applicable) |
| Article 84 | Member of Parliament |
| Article 173 | Member of State Legislature |
Rights Available to Both Citizens and Foreigners
- Article 14
- Article 20
- Article 21
- Article 21A
- Article 22 (with certain exceptions)
- Article 25
- Article 32 (subject to enforceable rights)
Overseas Citizenship of India (OCI)
Definition: Overseas Citizenship of India (OCI) is an immigration status granted to eligible foreign citizens of Indian origin, allowing them to enjoy certain lifelong visa and residency benefits in India. It is not dual citizenship and does not confer Indian citizenship.
Note: India does not permit dual citizenship. An OCI cardholder remains a foreign citizen.
OCI vs NRI vs PIO
| Feature | OCI | NRI | PIO (Merged in 2015) |
|---|---|---|---|
| Citizenship | Foreign | Indian | Foreign |
| Indian Passport | ✗ | ✓ | ✗ |
| Residence Abroad | Yes | Yes | Yes |
| Lifelong Visa | ✓ | Not required | Limited (before merger) |
| Current Status | Active Scheme | Active Category | Merged into OCI (2015) |
