Citizenship defines the legal relationship between an individual and the state. In India, Part II (Articles 5 to 11) of the Constitution deals with citizenship. The Citizenship Act, 1955, further outlines the laws related to acquiring and losing Indian citizenship.
Articles Related to Citizenship
| Article | Provision |
|---|---|
| Article 5 | Citizenship at the commencement of the Constitution |
| Article 6 | Rights of migrants from Pakistan to India |
| Article 7 | Rights of people who migrated to Pakistan and later returned |
| Article 8 | Rights of Indians living abroad |
| Article 9 | Loss of Indian citizenship on acquiring foreign citizenship |
| Article 10 | Continuation of citizenship as per laws by Parliament |
| Article 11 | Power of Parliament to regulate citizenship laws |
Modes of Acquiring Indian Citizenship
The Citizenship Act, 1955 provides five ways to acquire Indian citizenship:
1. By Birth (Section 3)
- A person is an Indian citizen by birth if:
- Born in India before July 1, 1987, irrespective of parents’ nationality.
- Born in India between July 1, 1987, and December 3, 2004, if one parent is an Indian citizen.
- Born in India on or after December 3, 2004, if both parents are Indian citizens, or one is an Indian citizen and the other is not an illegal migrant.
2. By Descent (Section 4)
- A person born outside India is an Indian citizen if:
- Before December 3, 2004, at least one parent is an Indian citizen.
- After December 3, 2004, parents must register the child’s birth within one year at the Indian consulate.
3. By Registration (Section 5)
A foreigner can apply for Indian citizenship if:
- They are of Indian origin and have lived in India for 7 years.
- They are married to an Indian citizen and have lived in India for 7 years.
- They are minor children of Indian citizens.
- They are registered as Overseas Citizens of India (OCI) for five years.
4. By Naturalization (Section 6)
A foreigner can apply for Indian citizenship if:
- They have lived in India for 12 years (continuously for the last 12 months before applying and at least 11 years in the previous 14 years).
- They renounce their previous nationality.
- They speak an Indian language and contribute to India.
🔹 Exception: The Government can waive these conditions in special cases (e.g., granting citizenship to Nobel Prize winners or people of extraordinary merit).
5. By Incorporation of Territory (Section 7)
- If a new territory is acquired by India, the Government of India can grant citizenship to its people.
- Example: Sikkim’s merger into India in 1975.
Loss of Indian Citizenship
An Indian citizen can lose citizenship in three ways:
1. By Renunciation (Voluntary)
- If an adult voluntarily gives up Indian citizenship by applying for citizenship of another country.
2. By Termination (Automatic Loss)
- If a person acquires foreign citizenship automatically before 2019, they lose Indian citizenship.
- However, after the Citizenship Amendment Act (2019), Overseas Citizenship of India (OCI) status was introduced.
3. By Deprivation (Government Action)
The government can take away citizenship if:
- The person obtained citizenship by fraud.
- The person disloyal to India (engages in anti-national activities).
- The person has illegally traded or communicated with enemy countries.
- The person has been sentenced to prison for over two years in five years of acquiring citizenship.
Special Categories Related to Citizenship
1. Overseas Citizenship of India (OCI)
- Introduced by the Citizenship Amendment Act, 2005.
- OCI is for foreigners of Indian origin who do not want full Indian citizenship.
- OCIs enjoy benefits like:
- Lifetime visa to India.
- No need to register with FRRO (Foreigners Regional Registration Office).
- Can own property in India (except agricultural land).
- Limitations:
- Cannot vote.
- Cannot hold government jobs.
- Cannot buy agricultural land.
2. Person of Indian Origin (PIO)
- PIO was another category for foreigners of Indian ancestry.
- In 2015, the PIO scheme was merged with the OCI scheme.
3. Citizenship (Amendment) Act, 2019 (CAA)
- The CAA, 2019, provides a fast-track citizenship process for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who came to India before December 31, 2014.
- Excludes Muslims because the act applies only to persecuted religious minorities from the three Islamic countries.
- Reduces the residency requirement from 11 years to 5 years for these groups.
MCQs on Citizenship in India
1. Under which part of the Constitution is Citizenship covered?
A) Part I
B) Part II
C) Part III
D) Part IV
Answer: B) Part II
2. Which Article defines Indian citizenship at the commencement of the Constitution?
A) Article 5
B) Article 6
C) Article 7
D) Article 9
Answer: A) Article 5
3. Which law governs Indian citizenship?
A) Indian Penal Code, 1860
B) Citizenship Act, 1955
C) Representation of the People Act, 1951
D) Government of India Act, 1935
Answer: B) Citizenship Act, 1955
4. What is the minimum residency period for Naturalization?
A) 5 years
B) 7 years
C) 12 years
D) 15 years
Answer: C) 12 years
5. What happens when an Indian citizen voluntarily acquires foreign citizenship?
A) Dual citizenship is allowed
B) Indian citizenship is automatically terminated
C) They become an OCI holder
D) They need permission from the Government of India
Answer: B) Indian citizenship is automatically terminated
6. What is the minimum residency requirement under CAA, 2019?
A) 5 years
B) 7 years
C) 10 years
D) 12 years
Answer: A) 5 years
7. Which category allows foreign nationals of Indian origin to live and work in India indefinitely?
A) NRI (Non-Resident Indian)
B) OCI (Overseas Citizen of India)
C) PIO (Person of Indian Origin)
D) Green Card Holder
Answer: B) OCI (Overseas Citizen of India)
8. Which article gives Parliament the power to regulate citizenship laws?
A) Article 5
B) Article 9
C) Article 10
D) Article 11
Answer: D) Article 11
Conclusion
- Citizenship defines the relationship between individuals and the Indian state.
- Five ways to acquire citizenship: Birth, Descent, Registration, Naturalization, and Incorporation of Territory.
- Three ways to lose citizenship: Renunciation, Termination, and Deprivation.
- Special categories like OCI provide benefits to foreign nationals of Indian origin.
- The Citizenship Amendment Act, 2019 (CAA) grants fast-track citizenship to persecuted minorities from Pakistan, Afghanistan, and Bangladesh.
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