Citizenship of India

Indian citizenship distinguishes between citizens and aliens, the latter split into friendly and enemy categories. Citizenship of India gives plenty of rights, like voting, freedom of speech, and the ability to run for public office. There are five ways through which one can become an Indian citizen: by birth, by descent, by registration, by naturalisation, or by incorporation of territory. In this article, you will learn about meaning and definition of Citizenship of India, Citizenship in the Indian Constitution, Citizenship Act, 1955 and explains ways of gaining or losing Indian citizenship, and highlights the concept of single citizenship in India, all of which are very important topic for GS Paper-2 Polity & Governance of UPSC CSE Exam. To explore more interesting UPSC Polity concepts similar to Citizenship of India, check out other articles of IASToppers. 

Table of Content

• Introduction
• Citizenship Principles
• Rights and Privileges Exclusive to Indian Citizens
• Comparing Citizenship Rules in India and USA
• Citizenship in the Indian Constitution
• Categories of Citizens at the Commencement of the Constitution
• Citizenship Act, 1955: Indian Citizenship
• Special Citizenship Provisions under Assam Accord
• Loss of Citizenship in India
• Single Citizenship in India
• Overseas Citizens of India (OCI)
• Conclusion
• FAQs on Citizenship of India

Introduction

• In India, the population is divided into two main types: those who are citizens and those who are not, known as aliens.
• Citizens in India are recognized as full-fledged members of the state, and are granted a wide range of civil and political rights.
• Aliens are further classified into two types: friendly aliens and enemy aliens.
  • Friendly aliens: who hail from countries that share a positive relationship with India.
  • Enemy aliens: citizens of nations that are in a state of conflict with India.
    • These individuals have fewer rights than friendly aliens. For instance, they do not have guaranteed protection against arrest and detention (Article 22).

Citizenship Principles

• There exist two well-recognized principles of citizenship.
• The principle of ‘jus soli’ provides citizenship based on the location of birth.
  • From the Motilal Nehru Committee’s era in 1928, Indian leaders supported the progressive principle of jus soli.
• On the other hand, the principle of ‘jus sanguinis’ validates citizenship through lineage or ancestry.
  • The Constituent Assembly of India discarded this concept, considering it is incompatible with the Indian spirit.

Rights and Privileges Exclusive to Indian Citizens

The Indian Constitution provides several exclusive rights and benefits to its citizens having single citizenship in India. These include:

• Protection against discrimination based on religion, race, caste, sex, or birthplace (Article 15).
• Equal opportunity in public employment (Article 16).
• Freedom of speech and expression, assembly, association, movement, residence, and profession (Article 19).
• Cultural and educational rights (Articles 29 and 30).
• Voting rights in elections for the Lok Sabha and state legislative assembly.
• The ability to run for Parliament and state legislature membership.
• Eligibility for holding specific public offices such as President of India, Vice-President of India, Supreme Court and high courts judges, state Governor, Attorney General of India, and state Advocate General.

Comparing Citizenship Rules in India and USA

• Both India and the USA have different rules regarding the eligibility for the office of President.
• In India, a person can be a President regardless of whether they are a citizen by birth or a naturalized citizen.
• However, in the USA, only a citizen by birth is eligible for the presidency.

Citizenship in the Indian Constitution

• The Indian Constitution discusses citizenship in Articles 5 to 11, contained in Part II.
• The Constitution identifies individuals who obtained Indian citizenship upon the country’s commencement on January 26, 1950.
• However, the constitution doesn’t:
  • Defined the term ‘Citizen’
  • Address issues like gaining or losing citizenship after this date.
• As a result, the Parliament passed the Citizenship Act in 1955, which has been updated periodically.

Categories of Citizens at the Commencement of the Constitution

Upon the commencement of the Indian Constitution on January 26, 1950, four groups of people were recognized as Indian citizens:

• Domiciles in India (Article 5): Any individual who was domiciled in India and met at least one of these conditions: born in India, either parent was born in India, or had been a usual resident in India for five years before the Constitution’s commencement.
• Migrants from Pakistan (Article 6): An individual who migrated from Pakistan to India anyone before July 19, 1949 became an Indian citizen if they, their parents, or grandparents were born in undivided India, and they fulfilled specific conditions based on the date of migration.
• Returning Migrants to Pakistan (Article 7): An individual who migrated to Pakistan post March 1, 1947, but later returned to India for resettlement could become an Indian citizen provided they had been living in India for six months before applying for registration.
• Overseas Indians (Article 8): An individual of Indian origin, ordinarily residing outside who, or either of whose parents or grandparents was born in undivided India could become an Indian citizen if they registered as such with an Indian diplomatic or consular representative in their country of residence.

Additional Constitutional Provisions for Citizenship

• Article 9: No person can be an Indian citizen if they have voluntarily acquired foreign citizenship.
• Article10: A person who is or is considered to be an Indian citizen will continue to be so, subject to any law enacted by the Parliament.
• Article 11: The Constitution authorizes the Parliament to pass legislation regarding acquisition and termination of citizenship and other related aspects.

Citizenship Act, 1955: Indian Citizenship

• The 1955 Citizenship Act outlines the rules concerning gaining and losing citizenship following the institution of the Indian Constitution.
• The Act initially recognized Commonwealth Citizenship. However, the 2003 Citizenship (Amendment) Act removed this provision.

As per the Act, Indian citizenship can be acquired by 5 methods: By birth, By descent, By registration, By naturalisation, and By territory incorporation.

Below are the different types citizenship in India.

• Citizenship By Birth in India:

• 26 January 1950 and before 1 July 1987, is a citizen of India by birth irrespective of his/her parents’ nationality.
• 1 July 1987, and before 3 December 2004, is a citizen of India by birth if either of his/her parents is a citizen of India at the time of birth.
• 3 December 2004 is considered a citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his/her birth.
  • Citizenship By Descent in India:

• Anyone born outside the country on or after:

• 26 January 1950, but before 10 December 1992, can be considered an Indian citizen by descent if their father was an Indian citizen by birth.
• 10 December 1992, but before 3 December 2004, can be considered an Indian citizen if, at the time of their birth, either parent was a citizen of India by birth.
• 3 December 2004, can be considered a citizen of India if their parents declare that the said minor does not hold a passport of another country and that his/her birth is registered at an Indian consulate within a year of their birth.
  • Citizenship By Registration in India:

• Any person born in India on or after:

The Indian Government can confer citizenship upon application to individuals who fit certain criteria (excluding illegal migrants). These criteria are:

• An individual of Indian origin who has lived in India for 7 years prior to applying.
• An individual of Indian origin who resides outside of undivided India.
• An individual married to an Indian citizen and has resided in India for 7 years prior to application.
• Minor children of Indian citizens.
• An adult whose parents are registered Indian citizens.
• An adult who, or one of whose parents, was a citizen of independent India and has resided in India for 12 months prior to application.
• An adult registered as an overseas Indian cardholder for 5 years and resided in India for the 12 months prior to application.
• If granted naturalisation, the individual plans to live in India or work for the Indian Government, an international organization that counts India as a member, or a society, company, or group established in India.

Citizenship By Naturalisation in India

The Indian Government can provide naturalisation to applicants meeting certain criteria (excluding illegal immigrants):

• Applicants should have lived or served the Indian Government (or both) for the 12 months leading up to the application.
• In the 14 years before these 12 months, applicants should have either lived in India or served the Indian Government (or a combination of both) for at least 11 years.
• Applicants must display good character and have an adequate knowledge of a language from the Eighth Schedule of the Indian Constitution.
• If naturalisation is granted, applicants should plan to reside in India or work for the Indian Government, an international organisation with India as a member, or a recognised group or company established in India.

Citizenship By Incorporation of Territory in India

• When an external territory becomes part of India, the Indian government identifies who among the territory’s population will be granted Indian citizenship.
• These individuals acquire Indian citizenship from the date specified by the government.
• For instance, when Pondicherry was integrated into India, the Indian government enacted the Citizenship (Pondicherry) Order in 1962, under the 1955 Citizenship Act.

Special Citizenship Provisions under Assam Accord

The Citizenship (Amendment) Act of 1985 introduced unique provisions for the citizenship of individuals encompassed by the Assam Accord, which addressed issues related to foreign nationals.

Provisions are as follows:

• Indian-origin individuals who migrated to Assam from Bangladesh prior to January 1, 1966, and have continually lived in Assam since their arrival are recognized as Indian citizens from January 1, 1966.
• Indian-origin individuals who arrived in Assam from Bangladesh between January 1, 1966, and March 25, 1971, have been living in Assam since their entry, and have been identified as foreigners must register themselves.
• Registered individuals are considered Indian citizens after 10 years from the date they were identified as foreigners.
  • During 10-year period, they have the same rights and responsibilities as Indian citizens, except for the right to vote.

Loss of Citizenship

The 1955 Citizenship Act of India outlines 3 ways to lose citizenship in India.

By Renunciation

• An Indian citizen, who is an adult and mentally competent, has the right to disclaim their citizenship.
• However, during wartime in which India is involved, the government retains the right to postpone the registration of such renunciations.
• Furthermore, when a person disclaims their Indian citizenship, any underage children of that individual also lose their citizenship.
  • However, these children have the opportunity to regain their Indian citizenship once they reach the age of 18.

By Termination

• An individual’s Indian citizenship is automatically revoked when they willingly obtain citizenship from another country without any form of pressure or coercion.
• Not applicable in times of war involving India.

By Deprivation

The Central Government can forcibly revoke an individual’s Indian citizenship if:

• Citizenship was attained through fraudulent means.
• There’s evidence of disloyalty towards the Indian Constitution.
• Individual has engaged in unlawful interactions or trade with enemy entities during wartime.
• Individual has served a prison sentence in any country for a period of two years within five years of gaining citizenship.
• Individual has been living outside India continuously for a period of seven years.

Single Citizenship in India

• The Constitution of India proposes a federal structure with a dual political system, comprising the Central and state governments. However, it only recognizes a single form of citizenship: Indian citizenship.
• This Single Citizenship concept in Indian Constitution was borrowed from the British Constitution.
• However, Countries like the USA and Switzerland follow a dual citizenship system. A potential issue arises in such a dual citizenship system where a state might favour its own citizens in various matters such as voting rights.
• In India, all citizens, regardless of their state of birth or residence, have equal political and civil rights throughout the country. This ensures no discrimination between citizens based on their state of origin or residence.

However, there are a few exceptions to this rule:

• Employment Regulations: Under Article 16, the Parliament can set residency in a state or union territory as a prerequisite for certain jobs or appointments within that area. This led to the enactment of the Public Employment (Requirement as to Residence) Act, 1957, permitting the Indian Government to set a residential qualification for non-gazetted posts in specific states.
• Non-Discrimination Clause: Article 15 prohibits discrimination against any citizen based on religion, race, caste, sex, or place of birth, but not residence. This allows a state to offer special benefits to its residents in matters that don’t infringe upon the constitutional rights.
• Movement and Residence Freedom: The right to move freely and reside anywhere in India under Article 19 is subject to the protection of tribal interests. The entry, residence, and settlement of non-tribal individuals in tribal areas are limited to preserve their unique culture, language, customs, and traditional vocations from exploitation.

Overseas Citizens of India (OCI)

Background

• In 2000, India established L.M. Singhvi committee to investigate the global Indian Diaspora and to enhance India’s relationship with its overseas citizens.
• One of their key recommendations was to revise the 1955 Citizenship Act, enabling dual citizenship for Persons of Indian Origin (PIOs) from certain countries.
• Consequently, the Citizenship (Amendment) Act, 2003, was enacted.
  • It introducing the concept of Overseas Citizenship of India (OCI).
  • It was earlier known as a “dual citizenship bill”, a reference to the provision for OCI.
  • It allowed PIOs from 16 specific nations, excluding Pakistan and Bangladesh, to obtain OCI status.
  • It removed all references to Commonwealth Citizenship in the principal act.
• Citizenship (Amendment) Act, 2005: Allowed PIOs from all countries, barring Pakistan and Bangladesh, to acquire OCI status, provided their respective countries allowed dual citizenship.
• Citizenship (Amendment) Act, 2015: Launched scheme named “Overseas Citizen of India Cardholder”, merging the existing PIO and OCI card schemes.
  • The PIO card scheme was first introduced in 2002, followed by the OCI card scheme in 2005.

Overseas Citizen of India (OCI) Cardholder Eligibility

Eligibility for OCI card registration includes:

• An adult of any nationality who was an Indian citizen at the time of or after the Indian Constitution was enacted.
• An individual of foreign nationality who could have become an Indian citizen when the Constitution was implemented.
• A foreign national who originated from a territory that became part of India after August 15, 1947.
• Descendants (children, grandchildren, or great-grandchildren) of the aforementioned individuals.
• A minor child of an individual fitting the criteria above.
• A minor child with both or one of the parents being Indian citizens.
• The foreign-origin spouse of an Indian citizen or OCI cardholder, provided the marriage has been registered and has persisted for at least 2 years before the application.

Limitations of OCI Cardholders

OCI cardholders do not have access to certain privileges enjoyed by Indian citizens, which include:

• Do not have right to vote.
• Do not have right to any public service/government jobs
• Cannot hold offices of – Prime Minister, President, Vice -President, Judge of Supreme Court and High Court, member of Parliament or Member of state legislative assembly or council.
• Cannot own agricultural property.

Benefits under the OCI

• Multiple entry lifelong visa for visiting India for any purpose.
• Treated at par with Non-Resident-Indians in the matter of inter-country adoption of Indian children and with resident Indian nationals in the matter of tariffs in airfares in domestic sectors in India.
• Charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India, visit historical monuments etc.
• Can pursue professions like doctors, advocates
• Eligible to apply for Indian citizenship if he/she has OCI card for 5 years.
• At all Indian international airports, OCI cardholders are provided with special immigration counters.
• Can open special bank accounts in India, can buy non-farm property and exercise ownership rights and can also apply for a driver’s license and PAN card.

Conclusion

The citizenship law in India, comprised of several categories, reflects the diverse nature of the Indian populace. As per provisions of the Indian Constitution, citizenship law attempts to maintain a balance between national security and the innate human right to a nationality. However, considering the evolving global citizenship scenario, the citizenship of India in the Indian constitution may need revaluation. A more inclusive, yet rigorous framework can be considered to accommodate refugees, asylum seekers, and stateless individuals while keeping India’s socio-economic and security interests intact. Moving forward, the Indian government should aim to streamline the citizenship application process, expedite pending applications, and ensure that the law remains compliant with international human rights standards.

Ref: Source-1

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