CHAPTER 7

CITIZENSHIP
UPSC / UPPCS • COMPLETE COLORFUL REVISION NOTES

COMPLETE COVERAGE
Citizens & aliens • citizen-only rights • single citizenship • Articles 5–11 • Citizenship Act 1955 • acquisition • Assam Accord • CAA 2019 • loss • OCI •
NRI/PIO/OCI • laws • dates • Prelims traps

CORE MUST REMEMBER

Citizens/aliens Friendly vs enemy alien; citizen-only rights

Single citizenship India vs USA/Australia; exceptions

Constitution Part II, Articles 5–11; 26 Jan 1950

Act 1955 Birth, descent, registration, naturalisation, incorporation

Special provisions Assam Accord 1985; CAA 2019

Loss Renunciation, termination, deprivation

OCI 2003, 2005, 2015, 2019; rights/restrictions

PRELIMS DATE ALERT

1 Mar 1947 • 19 Jul 1948 • 26 Jan 1950 • 1 Jul 1987 • 10 Dec 1992 • 3 Dec 2004 • 1 Jan 1966 • 25 Mar 1971 • 31 Dec 2014 • 10 Jan 2020

UPSC Chapter 7 • Citizenship • Complete Notes Page 1

 1. MEANING AND SIGNIFICANCE
India has citizens and aliens. Citizens are full members of the Indian State and owe allegiance to it. Aliens are citizens of another state
and do not enjoy all civil and political rights.
CATEGORY KEY POINT

Citizen Full member; full civil and political rights.

Friendly alien Subject/citizen of a country having cordial relations with India.

Enemy alien Subject/citizen of country at war with India; lesser rights; Article 22 protection is not available in the same manner.

Citizen-only rights and privileges

ARTICLE / AREA RIGHT

15 No discrimination on religion, race, caste, sex or place of birth.

16 Equality of opportunity in public employment.

19 Speech/expression, assembly, association, movement, residence, profession.

29–30 Cultural and educational rights.

Political Vote in Lok Sabha/State Assembly; contest Parliament/State Legislature.

Offices President, Vice-President, SC/HC judges, Governors, Attorney General, Advocate General.

INDIA vs USA
India: birth and naturalised citizens eligible for President. USA: only citizen by birth eligible.

2. SINGLE CITIZENSHIP
India is federal with a dual polity but provides single citizenship—Indian citizenship. There is no separate State citizenship; allegiance
is to the Union.
INDIA USA / AUSTRALIA

Single citizenship Double citizenship: national + State

Uniform citizenship rights, subject to exceptions State citizenship may create State-level differences

Promotes fraternity and integrated nation Dual allegiance

Exceptions
• Article 16: Parliament may prescribe residence within a State/UT for certain employment/appointments.

• Public Employment (Requirement as to Residence) Act, 1957: specified non-Gazetted posts in AP, Himachal Pradesh, Manipur and
Tripura; expired 1974; chapter notes AP/Telangana exception.

• Article 15: residence is not a prohibited ground; resident concessions may be given outside protected citizen-rights.

• Article 19: movement/residence subject to protection of Scheduled Tribe interests.

• J&K; till 2019: Article 35-A enabled permanent-resident special rights in employment, property, settlement, scholarships/aid.

J&K;
Article 35-A: Constitution (Application to J&K;) Order 1954 under Article 370. Constitution (Application to J&K;) Order 2019 superseded it. J&K;
Reorganisation Act, 2019 created UTs of J&K; and Ladakh.

3. CONSTITUTIONAL PROVISIONS — PART II

Citizenship is dealt with in Articles 5–11. The Constitution mainly identifies citizens at commencement (26 January 1950) and empowers
Parliament to regulate later acquisition and loss.
ARTICLE SUBJECT

5 Citizenship at commencement

6 Certain persons migrated to India from Pakistan

7 Certain migrants to Pakistan

8 Indian origin persons residing outside India

9 Voluntary foreign citizenship → not citizen

10 Continuance of citizenship

11 Parliament to regulate citizenship by law

UPSC Chapter 7 • Citizenship • Complete Notes Page 2

 Four commencement categories
• Domicile in India + born in India / either parent born in India / ordinary residence for 5 years before commencement.

• Migrated from Pakistan: 19 July 1948 cut-off; before it—ordinary residence since migration; on/after it—registration + 6 months
residence before application.

• Migrated to Pakistan after 1 March 1947 and later returned for resettlement: 6 months residence before registration application.

• Indian origin abroad: person/parent/grandparent born in undivided India + registration by Indian diplomatic/consular representative.

CORE RULES
Article 9 = foreign citizenship; Article 10 = continuance subject to Parliament; Article 11 = Parliament's power.

4. CITIZENSHIP ACT, 1955 — ACQUISITION

Five modes: birth, descent, registration, naturalisation, incorporation of territory.

A. By Birth
DATE RULE

26 Jan 1950 → before 1 Jul 1987 Born in India = citizen irrespective of parents' nationality.

1 Jul 1987 → before 3 Dec 2004 Either parent must be Indian citizen at birth.

On/after 3 Dec 2004 Both parents citizens OR one citizen + other not an illegal migrant.

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

B. By Descent
DATE RULE

26 Jan 1950 → before 10 Dec 1992 Born outside India; father must be Indian citizen at birth.

On/after 10 Dec 1992 Either parent may be Indian citizen at birth.

On/after 3 Dec 2004 Birth must be registered at Indian consulate within 1 year, or later with Central Government
permission.

Other nationality Minor must renounce other nationality within 6 months of full age.

C. By Registration
• Indian-origin person ordinarily resident in India for 7 years.

• Indian-origin person ordinarily resident outside undivided India.

• Spouse of Indian citizen + ordinary residence in India for 7 years.

• Minor children of Indian citizens.

• Adult whose parents are registered citizens.

• Adult who/whose parent was earlier citizen of independent India + 12 months ordinary residence before application.

• OCI Cardholder registered for 5 years + 12 months ordinary residence before application.

Indian origin = person or either parent born in undivided India or territory becoming part of India after 15 August 1947. Registration
requires an oath of allegiance.

D. By Naturalisation
• Not a citizen of a country that prevents Indians from naturalising; undertakes to renounce existing citizenship if accepted.

• 12 months immediately preceding application: residence/service in India.

• Previous 14 years: aggregate 11 years residence/service.

• CAA 2019: aggregate reduced to 5 years for Hindu, Sikh, Buddhist, Jain, Parsi or Christian persons from Afghanistan, Bangladesh or
Pakistan.

• Good character; adequate knowledge of an Eighth Schedule language; intention to reside/service in India.

NATURALISATION MEMORY
12 months + 14/11; specified 2019 category = 5 years. Conditions may be waived for distinguished service to science, philosophy, art, literature,
world peace or human progress.

E. By Incorporation of Territory

UPSC Chapter 7 • Citizenship • Complete Notes Page 3

 If foreign territory becomes part of India, Government specifies citizens from the notified date. Example: Pondicherry; Citizenship
(Pondicherry) Order, 1962.

5. ASSAM ACCORD — CITIZENSHIP (AMENDMENT) ACT, 1985

DATE / GROUP RULE

Before 1 Jan 1966 Indian-origin persons from Bangladesh who came before 1 Jan 1966 and were ordinarily
resident → citizens from 1 Jan 1966.

1 Jan 1966 → before 25 Mar 1971 Indian-origin persons from Bangladesh, ordinarily resident and detected as foreigners →
register; citizenship after 10 years from detection.

Intervening 10 years Same rights/obligations except right to vote.

ASSAM DATES
1 January 1966 + 25 March 1971 + 10 years + no voting during intervening period.

6. CITIZENSHIP (AMENDMENT) ACT, 2019

KEY PROVISION

Communities Hindu, Sikh, Buddhist, Jain, Parsi, Christian

Countries Afghanistan, Bangladesh, Pakistan

Entry cut-off On or before 31 December 2014

Effect After certificate, deemed citizen from date of entry

Pending proceedings Specified illegal-migration/citizenship proceedings abate

Excluded areas Sixth Schedule tribal areas of Assam, Meghalaya, Mizoram, Tripura + Inner Line areas under Bengal Eastern
Frontier Regulation, 1873

YEAR EVENT

2015 Specified migrants exempted from adverse penal consequences under Passport (Entry into India) Act, 1920 and
Foreigners Act, 1946.

2016 Made eligible for long-term visa.

2019 CAA enacted.

10 Jan 2020 CAA came into force.

7. LOSS OF CITIZENSHIP
MODE RULE

Renunciation Full-age/capable citizen declares renunciation; registration ends citizenship. During war registration withheld. Minor
children also lose citizenship; after 18 may resume within 1 year.

Termination Voluntary acquisition of another country's citizenship → automatic termination; exception during war.

Deprivation Central Government compulsory termination for fraud; disloyalty; unlawful enemy dealings; imprisonment 2 years within
5 years after registration/naturalisation; 7 years continuous ordinary residence abroad.

8. OVERSEAS CITIZENSHIP OF INDIA (OCI)

DATE DEVELOPMENT

Sep 2000 High Level Committee on Indian Diaspora under L.M. Singhvi.

Jan 2002 Report; recommended dual citizenship for specified PIOs.

2003 OCI for PIOs of 16 specified countries other than Pakistan/Bangladesh; Commonwealth Citizenship
provisions omitted.

19 Aug 2002 PIO card scheme introduced.

2005 OCI expanded to all countries except Pakistan/Bangladesh subject to local dual-citizenship law.

2 Dec 2005 OCI card scheme introduced.

2015 PIO + OCI merged; OCI Cardholder nomenclature.

9 Jan 2015 PIO scheme rescinded; existing PIOs deemed OCI.

2019 Further OCI cancellation provisions.

OCI ≠ DUAL CITIZENSHIP

OCI is a statutory status, not Indian citizenship and not dual citizenship.

UPSC Chapter 7 • Citizenship • Complete Notes Page 4

 OCI eligibility
• Foreign citizen who was Indian citizen at/after commencement; or eligible to become citizen at commencement.

• Belonged to territory becoming part of India after 15 Aug 1947.

• Child/grandchild/great-grandchild of eligible citizen; minor child of eligible person; minor child with both parents Indian or one Indian
parent.

• Foreign-origin spouse of Indian citizen/OCI Cardholder with marriage registered and subsisting for 2 continuous years.

• Ineligible if person/parent/grandparent/great-grandparent is/was citizen of Pakistan, Bangladesh or specified country.

OCI rights NOT available

• Article 16 public-employment equality; President Article 58; Vice-President Article 66; SC Judge Article 124; HC Judge Article 217.

• Voter registration; Lok Sabha/Rajya Sabha membership; State Assembly/Council membership.

• Union/State public services/posts except where specifically permitted.

OCI facilities
• Multiple-entry lifelong visa; special permission for research, missionary/Tabligh, mountaineering, journalism, specified
internships/employment and Protected/Restricted/Prohibited areas.

• No FRRO/FRO registration for any length of stay.

• Parity with Indian nationals for specified domestic air fares and entry fees.

• Parity with NRIs for specified adoption, entrance tests, property and professional matters.

• Teaching faculty eligibility in IITs, NITs, IIMs, IISERs, IISc, Central Universities and new AIIMS under cited scheme.

OCI cancellation
• Fraud/false representation/concealment; disaffection; enemy dealings; imprisonment ≥2 years within 5 years; violation of Citizenship
Act/other law; sovereignty/security/friendly relations/general public grounds; specified marriage grounds.

NATURAL JUSTICE
Before cancellation, reasonable opportunity of being heard must be given.

9. NRI vs PIO vs OCI CARDHOLDER

ELEMENT NRI PIO OCI CARDHOLDER

Who? Indian citizen ordinarily outside India + Foreign citizen of Indian origin/ancestry. Registered OCI Cardholder.
Indian passport.

Visa No. Yes. OCI card = multiple-entry lifelong visa.

Political rights Indian citizen rights. No Indian political rights. No vote / no specified constitutional
offices.

Registration in India No. If stay >180 days, as supplied table. No.

Citizenship route Already citizen. Registration: 7 years ordinary OCI 5 years + 12 months ordinary
residence. residence.

OCI APPLICATION DETAIL

Outside India Indian Mission/Post for citizenship country or ordinarily resident country.

Inside India FRRO according to jurisdiction.

Ordinarily resident Continuous stay of 6 months for this purpose.

Fee abroad US $275 or equivalent.

Fee in India ■15,000.

10. ARTICLES AT A GLANCE

ARTICLE SUBJECT

5 Citizenship at commencement

6 Certain migrants from Pakistan

7 Certain migrants to Pakistan

8 Indian origin outside India

UPSC Chapter 7 • Citizenship • Complete Notes Page 5

 ARTICLE SUBJECT

9 Voluntary foreign citizenship

10 Continuance

11 Parliament regulates citizenship

11. MASTER TIMELINE

DATE / YEAR UPSC POINT

1 Mar 1947 Migration-to-Pakistan reference

26 Jan 1950 Constitution commenced

19 Jul 1948 Article 6 cut-off / permit system

1 Jul 1987 Birth rule change

10 Dec 1992 Descent: either parent

Sep 2000 L.M. Singhvi Committee

Jan 2002 Committee report

19 Aug 2002 PIO introduced

2003 OCI: 16 specified countries

3 Dec 2004 Birth/descent changes

2 Dec 2005 OCI introduced

2005 OCI expansion

9 Jan 2015 PIO rescinded; existing PIOs deemed OCI

2015 PIO–OCI merger

2016 Long-term visa

31 Dec 2014 CAA entry cut-off

2019 CAA / J&K; / OCI changes

10 Jan 2020 CAA in force

12. IMPORTANT LAWS / AMENDMENTS

LAW / YEAR KEY POINT

Citizenship Act, 1955 Core acquisition/loss law

Citizenship Amendment Act, 1985 Assam Accord

Citizenship Amendment Act, 2003 OCI for 16 specified countries; Commonwealth Citizenship omitted

Citizenship Amendment Act, 2005 OCI expansion

Citizenship Amendment Act, 2015 PIO + OCI merger

Citizenship Amendment Act, 2019 Special migrant provisions; 5-year naturalisation rule; OCI cancellation grounds

Public Employment Act, 1957 Residence qualification; expired 1974

Constitution (Application to J&K;) Order, 1954 Article 35-A insertion as stated

Constitution (Application to J&K;) Order, 2019 Superseded earlier order

J&K; Reorganisation Act, 2019 UTs of J&K; and Ladakh

13. FOOTNOTE FACTS + PRELIMS TRAPS

• Article 371-D inserted by 32nd Constitutional Amendment Act, 1973.

• Article 371-D extended to Telangana by Andhra Pradesh Reorganisation Act, 2014.

• J&K; Reorganisation Act, 2019 created UTs of J&K; and Ladakh.

• Eighth Schedule: 22 languages, originally 14, as stated in the chapter.

• Periods: 5 years commencement; 6 months specified registration; 7 years registration; 12 months specified residence; 11/5 years
naturalisation.

• Article 15 does not list residence; Article 16 public employment; Article 11 Parliament.

• Birth: 1 Jul 1987 / 3 Dec 2004. Descent: 10 Dec 1992 / 3 Dec 2004.

UPSC Chapter 7 • Citizenship • Complete Notes Page 6

 • Assam: 1 Jan 1966 / 25 Mar 1971. CAA: 31 Dec 2014 / 10 Jan 2020.

• Loss = Renunciation → Termination → Deprivation.

• OCI ≠ citizenship and ≠ dual citizenship; PIO + OCI merged in 2015.

30-SECOND REVISION
PART II 5–11 | ACT 1955 | BIRTH 1950/1987/2004 | DESCENT 1950/1992/2004 | REGISTRATION 7 + 12 months + OCI 5 | NATURALISATION
12 + 14/11 → special 5 | ASSAM 1966/1971 | CAA 2019 → force 10 Jan 2020 | LOSS R-T-D | OCI 2003/2005/2015/2019

UPSC Chapter 7 • Citizenship • Complete Notes Page 7