CITIZENSHIP
1. Making & Significance of Citizenship
• Making:
o The Constitution does not define citizenship comprehensively but empowers
Parliament to regulate it through laws.
o Initially, citizenship was determined based on residence, migration, and descent as of
January 26, 1950.
• Significance:
o Citizenship establishes the full membership of individuals in the Indian political
community.
o It entitles citizens to fundamental rights (Articles 15, 16, 19) and duties, as well as
participation in governance.
2. Constitutional Provisions
• Article 5: Citizenship at the commencement of the Constitution for individuals meeting
criteria of birth, descent, or residence in India.
• Article 6: Citizenship for migrants from Pakistan under conditions of migration before or after
July 19, 1948.
• Article 7: Citizenship for individuals who migrated to Pakistan but later returned to India
under a permit for resettlement.
• Article 8: Citizenship for Persons of Indian Origin (PIO) residing outside India, subject to
registration at an Indian consulate.
• Article 9: Voluntary acquisition of foreign citizenship results in loss of Indian citizenship.
• Article 10: Continuance of rights for existing citizens, subject to laws made by Parliament.
• Article 11: Parliament empowered to regulate all matters of citizenship, including acquisition
and termination.
3. Citizenship Act, 1955
This Act provides details about acquiring, losing, and managing Indian citizenship.
Acquisition of Citizenship
1. By Birth:
o Automatically granted if born in India between January 26, 1950, and July 1, 1987.
o Post-July 1, 1987, at least one parent must be an Indian citizen.
o Post-December 3, 2004, one parent must be an Indian citizen, and the other should
not be an illegal migrant.
2. By Descent:
o Granted if at least one parent is an Indian citizen at the time of birth outside India.
o For births after December 3, 2004, the child must be registered within one year of
birth.
3. By Registration:
o Granted to specified persons, such as spouses of Indian citizens or Persons of Indian
Origin (PIOs) residing in India for 7 years.
4. By Naturalization:
o Granted to foreigners who have resided in India for 12 years.
o Relaxation is available for exceptional cases (e.g., Adnan Sami).
5. By Incorporation of Territory:
o When a foreign territory becomes part of India, its people automatically become
citizens (e.g., Sikkim in 1975).
Loss of Citizenship
1. Renunciation:
o Voluntary relinquishment by declaration to the Indian government.
CITIZENSHIP
2. Termination:
o Automatic termination if an individual acquires foreign citizenship voluntarily.
3. Deprivation:
o Government strips citizenship if it was acquired fraudulently, or the individual acts
disloyally or unlawfully.
4. Single Citizenship
• India provides for single citizenship, unlike some countries (e.g., the USA) that allow dual
citizenship for states and the nation.
• Significance:
o Promotes national unity and integrity.
o Ensures equal rights and obligations across all states.
5. Overseas Citizenship of India (OCI)
• Introduced in 2005 for Persons of Indian Origin (PIO) to reconnect them with India.
Registration of OCI Cardholders
• Eligibility includes former Indian citizens, descendants up to four generations, and spouses of
Indian citizens.
• Not available to those from Pakistan or Bangladesh.
Conferment of OCI Cardholders
• OCI cardholders enjoy the following benefits:
o Lifelong visa-free travel to India.
o Rights to own property, except agricultural land.
o Exemption from police reporting.
• Limitations:
o No voting rights or eligibility for government jobs.
Renunciation of OCI Card
• OCI cardholders can voluntarily renounce their status by submitting a declaration.
Cancellation of Registration as OCI Cardholder
• Grounds for cancellation include:
o Engaging in anti-national activities.
o Fraudulent acquisition of OCI status.
o Threat to national security.
6. Key Amendments and Developments
1. 1986 Amendment:
o Made citizenship by birth restrictive, requiring at least one parent to be an Indian
citizen.
2. 2003 Amendment:
o Barred illegal migrants from acquiring citizenship.
o Introduced the National Register of Citizens (NRC) for documenting legal citizens.
3. 2019 Amendment (Citizenship Amendment Act, CAA):
o Fast-tracked citizenship for persecuted minorities (Hindus, Sikhs, Jains, Buddhists,
Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who arrived
before December 31, 2014.
o Excludes Muslims, leading to controversies over secularism.
7. Important Cases
1. Berubari Case (1960):
o Supreme Court held that transferring territory required a constitutional amendment.
2. Sarbananda Sonowal v. Union of India (2005):
o Directed the government to identify and deport illegal migrants in Assam.