Citizenship in India is a cornerstone of the country’s democratic structure. It defines the legal status of individuals as members of the Indian state, granting them certain rights, duties, and privileges. The concept of citizenship is rooted in the Constitution of India, supplemented by statutory laws such as the Citizenship Act, 1955 and its subsequent amendments. Understanding the legal framework governing citizenship is essential for students, legal practitioners, policymakers, and citizens themselves.
1. Constitutional Provisions on Citizenship
The framers of the Constitution devoted Part II (Articles 5 to 11) to citizenship. These provisions primarily dealt with the situation at the commencement of the Constitution on 26 January 1950.
1.1 Article 5: Citizenship at the Commencement
Article 5 declared that every person who had their domicile in India and satisfied certain conditions—such as birth in India, birth of parents in India, or ordinary residence for at least five years before 26 January 1950—would be deemed a citizen of India.
1.2 Article 6: Rights of Citizenship for Migrants from Pakistan
Post-Partition migration posed unique challenges. Article 6 provided that persons who migrated from Pakistan to India before 19 July 1948 would automatically become Indian citizens if they met certain residence requirements. Migrants after this date needed to register themselves.
1.3 Article 7: Rights of Migrants to Pakistan
Conversely, those who migrated to Pakistan after 1 March 1947 would not be considered Indian citizens. However, if they later returned under a permit for resettlement, they could acquire citizenship.
1.4 Article 8: Rights of Citizenship of Persons of Indian Origin Residing Outside India
Persons of Indian origin residing abroad could register as citizens of India through diplomatic or consular representatives.
1.5 Article 9: Voluntary Acquisition of Foreign Citizenship
An Indian citizen who voluntarily acquired citizenship of another country would cease to be an Indian citizen.
1.6 Article 10: Continuance of Citizenship Rights
Every person deemed to be a citizen under the Constitution would continue to be so, subject to any laws made by Parliament.
1.7 Article 11: Parliamentary Power to Regulate Citizenship
Article 11 empowered Parliament to make laws relating to the acquisition and termination of citizenship. This led to the enactment of the Citizenship Act, 1955.
2. Citizenship Act, 1955
Enacted under Article 11, the Citizenship Act, 1955 provides the detailed legal framework for acquisition, termination, and related matters of citizenship in India. It has been amended multiple times, notably in 1986, 1992, 2003, 2005, 2015, and 2019.
2.1 Modes of Acquisition of Citizenship
Under the Act, citizenship can be acquired in five main ways:
- By Birth (Section 3)
- Between 26 January 1950 and 1 July 1987: Anyone born in India was a citizen.
- Between 1 July 1987 and 3 December 2004: One parent must be a citizen of India.
- On or after 3 December 2004: One parent must be a citizen, and the other must not be an illegal migrant.
- By Descent (Section 4)
- Persons born outside India to Indian parents can be citizens by descent, subject to registration of the birth within a prescribed period.
- By Registration (Section 5)
- Certain categories of persons, such as Persons of Indian Origin (PIOs) and spouses of Indian citizens, can apply for registration.
- By Naturalisation (Section 6)
- A foreigner who has resided in India for 12 years (reduced to 11 years in certain cases) and meets other qualifications can apply.
- By Incorporation of Territory (Section 7)
- If new territory becomes part of India, the Government may specify the persons who will become citizens.
3. Termination of Citizenship
Citizenship in India can be lost in three ways:
- Renunciation (Section 8)
- A citizen of full age and capacity can declare renunciation, except during wartime.
- Termination (Section 9)
- If a citizen voluntarily acquires the citizenship of another country.
- Deprivation (Section 10)
- The Government can deprive citizenship obtained by registration or naturalisation under specified grounds, such as fraud or disloyalty.
4. The Citizenship (Amendment) Act, 2019 (CAA)
The CAA 2019 is one of the most debated amendments. It allows certain religious minorities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Afghanistan, Bangladesh, and Pakistan, who entered India before 31 December 2014, to apply for citizenship. They are exempt from the category of “illegal migrants” under the Act.
Critics argue that the Act violates the secular fabric of the Constitution by excluding Muslims from its scope, while supporters view it as a humanitarian measure for persecuted minorities.
5. Citizenship and the Constitution’s Spirit
Citizenship in India is not merely a legal status—it embodies the values of unity, equality, and fraternity. While the Constitution initially addressed citizenship only at the commencement, it entrusted Parliament with the power to adapt citizenship laws to changing social, political, and international realities.
6. Other Related Laws and Provisions
Several statutes and rules interact with citizenship matters:
- Passports Act, 1967 – Regulates the issuance of passports and travel documents.
- Foreigners Act, 1946 – Governs the entry, stay, and exit of foreigners in India.
- Registration of Foreigners Act, 1939 – Mandates registration of certain categories of foreigners.
- Overseas Citizenship of India (OCI) Scheme – Introduced in 2005 for Persons of Indian Origin; provides certain privileges without granting full citizenship.
- NRI and PIO Schemes – Policies for Indians abroad to maintain cultural and economic ties.
7. Rights and Duties of Citizens in India
Only citizens enjoy certain rights, such as:
- Fundamental Rights exclusive to citizens:
- Article 15 (Prohibition of discrimination on certain grounds)
- Article 16 (Equality of opportunity in public employment)
- Article 19 (Freedom of speech, assembly, movement, etc.)
- Article 29 & 30 (Cultural and educational rights)
- Fundamental Duties (Article 51A) apply to all citizens, including the duty to uphold the Constitution, protect sovereignty, and preserve heritage.
8. Contemporary Issues in Citizenship
- National Register of Citizens (NRC): Implemented in Assam to identify illegal migrants.
- Debate on Dual Citizenship: India currently does not allow full dual citizenship; only OCI status is available.
- Statelessness Concerns: Certain groups face the risk of being rendered stateless due to documentary requirements.
Conclusion
Citizenship in India is a dynamic legal and political concept that balances constitutional ideals with practical governance needs. Rooted in Part II of the Constitution and fleshed out by the Citizenship Act, 1955, it determines who belongs to the Indian state and enjoys its protections. As India evolves, citizenship laws will continue to be shaped by migration patterns, security considerations, and the nation’s commitment to democratic values.
For anyone studying law, public policy, or governance, a deep understanding of citizenship laws in India is essential—not just to know the legal provisions, but to appreciate the delicate balance between inclusivity and national integrity.
