PART II - Citizenship (Article 5 - 11)

A person becomes a part of the nation legally when he or she has citizenship. The Indian Constitution envisages a single citizenship. India has borrowed the concept of single citizenship from Britain. Article 5 - 11 of the constitution deals with the Citizenship of India. Citizenship in India is granted by the Union Ministry of Home Affairs under the Government of India. The acquisition or loss of citizenship was not mentioned in the Constitution. The Constitution empowers the Parliament to make provisions related to citizenship. Accordingly, the Parliament passed the Citizenship Act (1955). The Government of India also has the power to revoke citizenship.

Articles 5 - 11 of Indian Constitution

Article 5 - Citizens at the time of the coming into force of the Constitution.

Article 6 - Rights to citizenship of those who migrated to India from Pakistan.

Article 7 - Rights to citizenship of those who migrated to Pakistan after 1947 and returned to India and became citizens of India.

Article 8 - Rights to citizenship of certain persons born in India and residing outside India.

Article 9 - Persons who intentionally acquire foreign citizenship under this Article shall not be citizens of India.

Article 10 - Continuation of rights to citizenship.

Article 11 - Rights to citizenship may be regulated by Parliament by law.

Acquisition of Citizenship in India

Citizenship can be acquired by Birth, Descent, Registration, Naturalization and Incorporation of Territories.

1. By Birth

Any person born in India on or after 26th January 1950 but before 1st July 1987, irrespective of the nationality of his parents, shall be considered an Indian citizen. A person born on or after 1st July 1987 shall acquire Indian citizenship by birth only if one of his parents is an Indian citizen. A person born in India on or after 3rd December 2004 shall not acquire Indian citizenship unless both his parents are Indian citizens or if one of the parents is an Indian citizen and the other is an illegal immigrant. However, citizenship shall be acquired if one of the parents is an Indian citizen and the other is a legal immigrant. Children of foreign diplomats posted in India shall not acquire citizenship by birth.

2. By Descent

A person born outside India on or after 26 January 1950 but before 10 December 1992 can acquire citizenship by descent if his father was an Indian citizen at the time of birth. A person born outside India on or after 10 December 1992 can acquire citizenship by descent if either of his parents was an Indian citizen at the time of birth. A person born outside India after 3 December 2004 cannot acquire citizenship by descent. To acquire citizenship, the birth must be registered with the Indian Consulate in the country concerned within one year of birth.

3. By Registration

Categories of Citizenship by Registration

• A person of Indian origin who has been resident in India for seven years before applying for registration.

• A person of Indian origin residing outside undivided India.

• ​​A person married to an Indian citizen and who has been resident in India for seven years before applying for citizenship.

• Minor children of Indian citizens.

• Adult children of Indian citizens.

• One of the parents is an adult Indian citizen. He must have been resident in India for at least 12 months before applying for citizenship.

• An adult applicant for citizenship must have been a registered OCI (Overseas Citizen of India) cardholder for five years and must have been resident in India for twelve months at the time of application.

4. By Naturalization

Categories of Citizenship by Naturalization.

• ​​The applicant is a citizen of any country which denies citizenship to Indians or the applicant is a citizen of any country and renounces his previous citizenship on the acceptance of his application for citizenship in India.

• ​​​​A person who has resided in India or worked in the service of the Government of India for a period of twelve months immediately preceding the application for citizenship.

• ​​A person who has resided in India or worked in the service of the Government of India for a period of fourteen years immediately preceding the above twelve months or has spent a total of at least eleven years in India, partly in one and partly in the other.

• ​​The applicant is a person of good character.

• ​​A person who has sufficient knowledge of any of the languages ​​specified in the Eighth Schedule to the Constitution.

• ​​If, while acquiring citizenship by permanent residence, he intends to reside in India or work in the service of the Government, or if he intends to work in any international organization of which India is a member, or if he intends to work in any society/company/institution in India.

Every citizen who acquires citizenship through naturalization must take an oath to uphold the Constitution of India. Mother Teresa became an Indian citizen through naturalization in 1951. Laurie Baker, known as the Gandhian Architect, became an Indian citizen through naturalization in 1989.

5. By Incorporation of Territories

As soon as any territory or area not part of India is incorporated into the Indian Union, the people of those territories acquire Indian citizenship.

Note : Those who are citizens by birth in India and those who have acquired Indian citizenship from abroad can contest for the president of India. However, only a person born in the USA is eligible to contest for president in USA.

Loss of Citizenship in India

Citizenship can be lost by Renunciation, Termination and Deprivation.

1. By Renunciation

Voluntary renunciation of citizenship. Any adult and capable Indian citizen can renounce citizenship by making a declaration.

2. By Termination

If an Indian citizen acquires the citizenship of another country with his own knowledge and consent, his Indian citizenship ceases.

3. By Deprivation

The circumstances in which the Central Government can deprive a person of citizenship.

• If a citizen has acquired his citizenship fraudulently.

• If a person shows disrespect for the Constitution of India.

• ​​If a person maintains relations with an enemy country during wartime.

• If a person who has acquired citizenship by permanent residence or by registration for citizenship, has been imprisoned for two years in any country within five years.

• If he has been permanently resident outside India for 7 consecutive years.

Legislation of Citizenship

Under Indian law, only a person with Indian citizenship can vote in Lok Sabha and Assembly elections, and the Indian Parliament has the power to make laws regarding citizenship. The Indian Citizenship Act 1955 defines the citizenship of India after the commencement of the Constitution. The Indian Citizenship Act was passed by the Parliament in 1955. The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, Citizenship (Amendment) Act 2005 and the Citizenship (Amendment) Act 2019. The first Citizenship Act of 1955 also provided for Commonwealth citizenship. However, this right was revoked by the Citizenship Amendment Act of 2003. The Indian Citizenship (Amendment) Act 2019 was passed by the Parliament in 2019 and the bill came into force from 2020 January 10. This is a law that grants citizenship to Hindu, Sikh, Buddhist, Jain, Parsi and Christian religious minorities who came to India before December 31, 2014 as illegal immigrants from Pakistan, Afghanistan and Bangladesh. 

Political rights available to an Indian citizen

• Right to vote

• Right to contest elections

• Right to form organizations

• Right to criticize the government

• Right to hold public office

Fundamental rights available to an Indian Citizen

Article 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28 defines the fundamental rights available for indian citizens and foreign citizens excepts for citizens of enemy countries. Article 15, 16, 19, 29, 30 defines the fundamental rights only for indian citizens.

L.M. Singhvi Committee

The L.M. Singhvi Committee was formed by the Indian Ministry of External Affairs in September 2000 to study the Indian diaspora and to maintain their coexistence. Indian diaspora means people of indian origin settled in foreign countries. The idea of ​​'dual citizenship' in India was proposed by the L.M. Singhvi Committee. The committee submitted its report in January 2002. Singhvi Committee recommended for the creation of OCI (Overseas Citizenship of India).

VISA (Visitors Intention of Staying Abroad)

VISA is granted by the Indian Government for foreigners to visit, study or work in the country.

PIO (People of India Origin) Card 

Indian Origin people settled anywhere in india can apply for PIO card. Once they get this card they can visit India without a VISA. The Government of India launched the PIO (People of Indian Origin) Card scheme on March 30, 1999. This scheme came into effect in 2002.  A person who obtains a PIO card can visit India without a visa, take admission in Indian schools and colleges, and work in India. On January 9, 2015, the PIO card scheme was merged with the OCI scheme.

Overseas Citizenship of India (OCI) Card

The Overseas Citizenship of India scheme was launched in 2006. The Indian Constitution provides for a single citizenship for Indian citizens and dual citizenship is not allowed. OCI was formed with the idea that by granting Overseas Citizenship to people of Indian origin in other countries. The Indian government formed this idea by amending the Citizenship Act of 1955. Currently, Overseas Citizenship is granted to people of Indian origin from 16 countries. OCI is available to those born in India on or after January 26, 1950, except for citizens of Pakistan and Bangladesh, and who currently have foreign citizenship. OCI cardholders are granted a lifetime visa to visit India. OCI cardholders do not have any political rights in India and are also not entitled to the equality of opportunity guaranteed by the Constitution (Article 16).