Citizenship

Every modern state distinguishes between two broad categories of people within its territory: citizens and aliens.

• Citizens are full members of the state. They owe allegiance to it and enjoy the complete set of civil and political rights guaranteed by the Constitution.
• Aliens are nationals of a foreign state and, therefore, do not enjoy all the rights available to citizens. Aliens are of two types:
  • Friendly aliens: Nationals of countries that maintain cordial relations with India.
  • Enemy aliens: Nationals of a country currently at war with India. They have significantly fewer rights than friendly aliens — for instance, they are not entitled to protection against arrest and detention under Article 22.

Rights Exclusive to Citizens

The Constitution reserves the following rights specifically for Indian citizens (aliens are excluded):

1. Protection against discrimination based on religion, race, caste, sex, or place of birth (Article 15)
2. Equal opportunity in public employment (Article 16)
3. Freedoms of speech, assembly, association, movement, residence, and profession (Article 19)
4. Cultural and educational rights (Articles 29 and 30)
5. Right to vote in Lok Sabha and state legislative assembly elections
6. Right to contest elections to Parliament and state legislatures
7. Eligibility for high constitutional offices — President, Vice-President, Supreme Court and High Court judges, Governors, Attorney General, and Advocate General

Along with rights, citizens also carry duties — paying taxes, respecting national symbols, and defending the country.

Exam Note: In India, both citizens by birth and naturalised citizens are eligible to be President. In the USA, only citizens by birth can become President — naturalised citizens are ineligible.

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The Constitution addresses citizenship under Part II (Articles 5 to 11). Crucially, these provisions are neither permanent nor exhaustive — they only identify who became a citizen at the Constitution's commencement on 26 January 1950. Questions of subsequent acquisition or loss of citizenship are left to Parliament, which enacted the Citizenship Act, 1955.

Who Became a Citizen on 26 January 1950?

Article 5 — Domicile in India: A person domiciled in India who satisfied any one of the following:

• Born in India, or
• Either parent born in India, or
• Ordinarily resident in India for at least five years before 26 January 1950

Article 6 — Migrants from Pakistan: A person (or whose parents/grandparents were born in undivided India) who migrated from Pakistan to India:

• If migrated before 19 July 1948: must have been ordinarily resident in India since the date of migration.
• If migrated on or after 19 July 1948: must have been registered as an Indian citizen (after six months of residence preceding the application).

Article 7 — Migrants to Pakistan who Returned: Persons who migrated from India to Pakistan after 1 March 1947 but later returned for resettlement. They had to be resident in India for six months before applying for registration.

Article 8 — Persons of Indian Origin Residing Abroad: Persons born in undivided India (or whose parents/grandparents were), ordinarily residing outside India, could register as Indian citizens through Indian diplomatic or consular representatives abroad.

Other Key Constitutional Provisions

• Article 9: A person who voluntarily acquires the citizenship of a foreign state ceases to be an Indian citizen.
• Article 10: Every citizen continues to be a citizen, subject to any law enacted by Parliament.
• Article 11: Parliament has full power to legislate on acquisition, termination, and all other matters relating to citizenship.

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The Citizenship Act, 1955 governs acquisition and loss of citizenship after the Constitution's commencement. It has been amended eight times: 1957, 1960, 1985, 1986, 1992, 2003, 2005, and 2015.

Originally, the Act also recognised Commonwealth Citizenship, but this was abolished by the 2003 Amendment.

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The Act prescribes five modes of acquiring Indian citizenship:

1. By Birth

Exceptions: Children of foreign diplomats posted in India, and enemy aliens, cannot acquire citizenship by birth.

2. By Descent

A minor who is a citizen by descent but also holds citizenship of another country must renounce the foreign citizenship within six months of attaining majority, or ceases to be an Indian citizen.

3. By Registration

The Central Government may register any person (not an illegal migrant) as a citizen if they fall into one of these categories:

• Person of Indian origin (PIO) ordinarily resident in India for 7 years
• PIO ordinarily resident outside undivided India
• Spouse of an Indian citizen, ordinarily resident in India for 7 years
• Minor children of Indian citizens
• Person of full age whose parents are registered as Indian citizens
• Person of full age (or either parent) who was a citizen of independent India and has been resident in India for 12 months before applying
• OCI Cardholder for 5 years and ordinarily resident in India for 12 months before applying

All applicants must take an Oath of Allegiance to the Constitution.

4. By Naturalisation

Granted by the Central Government on application, subject to these conditions:

• The applicant's home country must not bar Indian nationals from naturalising there
• Must commit to renouncing existing foreign citizenship upon acceptance
• Must have resided in India (or served a Government in India) for 12 months immediately before applying
• During the 14 years preceding those 12 months, must have resided or served in India for at least 11 years in aggregate
• Must be of good character
• Must have adequate knowledge of a language in the Eighth Schedule of the Constitution
• Must intend to reside in India or continue in government/international service

The Government may waive all or any conditions for persons who have rendered distinguished service to science, philosophy, art, literature, world peace, or human progress.

Every naturalised citizen must take an Oath of Allegiance to the Constitution.

5. By Incorporation of Territory

When a foreign territory merges with India, the Government of India specifies which persons from that territory become Indian citizens, effective from a notified date. Example: When Pondicherry merged with India, the Citizenship (Pondicherry) Order, 1962 was issued under this provision.

6. Special Provisions — Assam Accord (Section 6A)

The Citizenship (Amendment) Act, 1985 introduced these provisions:

• Persons of Indian origin who entered Assam from Bangladesh before 1 January 1966 and have been ordinarily resident there since are deemed Indian citizens from 1 January 1966.
• Persons who entered Assam between 1 January 1966 and 25 March 1971 from Bangladesh, have been ordinarily resident since entry, and have been detected as foreigners must register. After registration, they are deemed citizens from the date of expiry of ten years from detection as a foreigner. During the intervening ten years, they have all rights of citizens except the right to vote.

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The Citizenship Act prescribes three modes of losing citizenship:

1. By Renunciation

Any adult citizen of full capacity may declare renunciation of Indian citizenship. Upon registration of such declaration, citizenship is lost. However:

• During wartime, registration of such declaration is suspended by the Central Government.
• When a person renounces citizenship, their minor children also lose citizenship automatically. However, such children may resume Indian citizenship upon attaining the age of eighteen.

2. By Termination

When an Indian citizen voluntarily acquires the citizenship of another country, Indian citizenship terminates automatically. This does not apply during a war in which India is engaged.

3. By Deprivation

This is a compulsory termination by the Central Government in the following cases:

• Citizenship was obtained by fraud
• The citizen has shown disloyalty to the Constitution
• The citizen traded or communicated with an enemy during war
• The citizen was imprisoned for two or more years within five years of acquiring citizenship by registration or naturalisation
• The citizen has been ordinarily resident outside India for seven consecutive years (with certain exceptions for students, government servants, and those who annually registered intent to retain citizenship at an Indian consulate)

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Although India has a federal structure with a dual polity (Centre and States), the Constitution provides for only one citizenship — Indian citizenship. There is no separate state citizenship.

This contrasts with countries like the USA and Switzerland, where dual citizenship operates: each person is simultaneously a citizen of the federal union and of a particular state, owing allegiance to both and enjoying two sets of rights. This dual system can lead to discrimination by states — for instance, a state may restrict voting, public office, or professional practice to its own citizens.

India, like Canada, adopted single citizenship to promote national unity and fraternity. All Indians enjoy the same civil and political rights regardless of which state they live in.

Exceptions to the No-Discrimination Rule

Despite uniform citizenship, a few notable exceptions exist:

1. Article 16: Parliament can prescribe residential requirements within a state as a condition for certain (non-Gazetted) employment in that state. The Public Employment (Requirement as to Residence) Act, 1957 was enacted accordingly but expired in 1974. Currently, only Andhra Pradesh and Telangana retain such provisions (under Article 371-D).

2. Article 15: While it prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, residence is not on this list. States can therefore offer benefits (e.g., fee concessions in education) to their own residents.

3. Article 19: The freedom of movement and residence can be restricted in the interest of Scheduled Tribes, to protect their culture, language, customs, and property from exploitation.

4. Jammu & Kashmir (erstwhile): The state legislature was empowered to define permanent residents and extend special privileges in matters of state employment, acquisition of property, settlement, and scholarships.

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Background

In September 2000, the Government of India constituted the High Level Committee on the Indian Diaspora under L.M. Singhvi. It submitted its report in January 2002, recommending dual citizenship for Persons of Indian Origin (PIOs) in specified countries.

Legislative History

• 2003 Amendment: Introduced OCI for PIOs of 16 specified countries (excluding Pakistan and Bangladesh). Also abolished Commonwealth Citizenship from the Act.
• 2005 Amendment: Extended OCI to PIOs of all countries (except Pakistan and Bangladesh), provided the home country allows dual citizenship.
• 2015 Amendment: Merged the PIO Card Scheme (introduced 19 August 2002) and the OCI Card Scheme (introduced 1 December 2005) into a single unified scheme — the OCI Cardholder scheme. The PIO scheme was rescinded from 9 January 2015, and all existing PIO cardholders were automatically deemed OCI Cardholders.

Critical Point: OCI is not genuine dual citizenship. Article 9 of the Constitution prohibits dual nationality. OCI is a special status — a long-term visa-equivalent with certain rights, not full citizenship.

Who is Eligible for OCI Cardholder Registration?

Eligible categories:

• A person who was a citizen of India at or after the Constitution's commencement
• A person eligible to become a citizen of India on 26 January 1950
• A person belonging to a territory that became part of India after 15 August 1947
• A child, grandchild, or great-grandchild of any such person
• A minor child of such persons
• A minor child both of whose parents are Indian citizens, or one parent is an Indian citizen
• A foreign-origin spouse of an Indian citizen or OCI Cardholder whose marriage has been registered and has subsisted for a continuous period of at least two years before the application

Ineligible: Anyone whose parents, grandparents, or great-grandparents were or are citizens of Pakistan, Bangladesh, or any other country notified by the Central Government.

Rights Denied to OCI Cardholders

An OCI Cardholder is not entitled to:

• Equality of opportunity in public employment (Article 16)
• Election as President or Vice-President
• Appointment as a Judge of the Supreme Court or High Court
• Registration as a voter
• Membership of Lok Sabha, Rajya Sabha, State Legislative Assembly, or State Legislative Council
• Appointment to public services (except those specifically notified by the Central Government)

Key Benefits of OCI Cardholder Status

• Multiple entry, lifelong visa for visiting India for any purpose (research requires special permission)
• Exemption from FRRO registration regardless of length of stay
• Parity with NRIs in economic, financial, and educational fields (except acquisition of agricultural or plantation properties)
• Treated as resident Indians for domestic air fares and entry fees to national parks, wildlife sanctuaries, national monuments, historical sites, and museums
• Eligibility to pursue certain professions in India (doctors, dentists, nurses, pharmacists, advocates, architects, chartered accountants) at par with NRIs
• Eligible for All India Pre-Medical Test and similar tests
• Can apply for Indian citizenship after 5 years as OCI Cardholder and 12 months of ordinary residence in India

Cancellation of OCI Registration

The Central Government may cancel OCI registration if:

• Registration was obtained by fraud or misrepresentation
• The cardholder showed disaffection towards the Constitution
• The cardholder traded with an enemy during war
• The cardholder was sentenced to imprisonment for two or more years within five years of registration
• Cancellation is necessary in the interest of sovereignty, integrity, security, or friendly relations of India
• The marriage of the cardholder has been dissolved or the cardholder has solemnised another marriage during the subsistence of the first

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• Article 5 to 11 cover citizenship at commencement — learn the specific conditions for each.
• Know the three cut-off dates for citizenship by birth (1987, 2004) and descent (1992, 2004).
• Naturalisation requires 11 years in the preceding 14 years plus 12 months immediately before applying.
• OCI is not dual citizenship — Article 9 prohibits dual nationality.
• The 2015 Amendment merged PIO and OCI schemes — PIO scheme wound up from 9 January 2015.
• Loss of citizenship has three modes: renunciation (voluntary), termination (automatic on acquiring foreign citizenship), and deprivation (compulsory by government).
• India follows single citizenship (like Canada), not dual citizenship (like USA/Switzerland).
• In India, naturalised citizens can become President; in the USA, only citizens by birth are eligible.