Indian Polity (8th Edition, 2025), Chapter 6: Citizenship discusses the constitutional and legal provisions regarding the people who belong to the Indian state.
I. Constitutional Provisions (Part II, Articles 5–11)
The Constitution does not contain a permanent or elaborate law for citizenship; it only identifies the persons who became citizens at its commencement (January 26, 1950).
- Article 5: Citizenship by domicile (born in India or parents born in India).
- Article 6: Rights of persons who migrated from Pakistan.
- Article 7: Rights of persons who migrated to Pakistan but later returned under a resettlement permit.
- Article 8: Rights of persons of Indian origin residing outside India.
- Article 9: Automatic termination—No person shall be a citizen of India if they voluntarily acquire the citizenship of a foreign state.
- Article 11: Empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship.
II. Citizenship Act, 1955
This act provides for the acquisition and loss of citizenship after the commencement of the Constitution.
Acquisition of Citizenship (5 Ways)
- By Birth: Based on being born in India (subject to various cut-off dates like 1987 and 2004).
- By Descent: Born outside India to Indian parents.
- By Registration: For Persons of Indian Origin (PIO) or spouses of Indian citizens (requires 7 years of residence).
- By Naturalization: For foreigners who have resided in India for 12 years and meet specific criteria (good character, knowledge of an 8th Schedule language).
- By Incorporation of Territory: If a foreign territory becomes part of India (e.g., Pondicherry in 1962).
Loss of Citizenship (3 Ways)
- Renunciation: A voluntary declaration by a citizen to give up Indian citizenship.
- Termination: Occurs automatically when an Indian citizen voluntarily acquires citizenship of another country.
- Deprivation: A compulsory termination by the Central Government on grounds of fraud, disloyalty to the Constitution, or illegal communication with an enemy during war.
III. Citizenship (Amendment) Act, 2019 (CAA)
- Objective: To grant citizenship to persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan.
- Requirement: They must have entered India on or before December 31, 2014.
- Key Relaxation: The residency requirement for naturalization was reduced from 11 years to 5 years for these specific groups.
- Exemptions: Does not apply to tribal areas of Assam, Meghalaya, Mizoram, and Tripura (6th Schedule) or areas under the Inner Line Permit (ILP).
IV. Single Citizenship
- Uniformity: Despite being a federal state, India provides for Single Citizenship to promote fraternity and unity. There is no separate state citizenship (unlike the USA).
- Exceptions: Certain special protections exist for residents in tribal areas or specific states regarding land and employment (e.g., Article 371).
V. Overseas Citizenship of India (OCI)
- OCI Scheme (2005): Introduced to satisfy the demand for dual citizenship by the Indian diaspora.
- Merger (2015): The PIO (Person of Indian Origin) card scheme was merged with the OCI Cardholder scheme.
- Rights: OCI cardholders enjoy a multipurpose, multiple-entry, lifelong visa but do not have the right to vote, hold public office, or buy agricultural land.
VI. Important Keywords for Exams
- Jus Soli: Right of the soil (citizenship by birth).
- Jus Sanguinis: Right of blood (citizenship by descent).
- Non-Resident Indian (NRI): An Indian citizen residing outside India for a combined total of at least 183 days in a financial year.
- Stateless Person: A person who is not considered a national by any state under its law.
