Detailed Notes: Chapter 7 - Citizenship
1. Meaning and Significance
● Two Kinds of People: In India, like any modern state, there are two categories of people:
○ Citizens: Full members of the Indian State who owe allegiance to it. They enjoy all civil
and political rights.
○ Aliens: Citizens of another state who do not enjoy all civil and political rights. They are
further divided into:
■ Friendly Aliens: Citizens of countries that have cordial relations with India.
■ Enemy Aliens: Citizens of a country that is at war with India. They have fewer
rights (e.g., they are not protected against arrest and detention under Article 22).
● Rights and Privileges Exclusive to Citizens:
○ Right against discrimination on grounds of religion, race, caste, sex, or place of birth
(Article 15).
○ Right to equality of opportunity in public employment (Article 16).
○ Right to freedom of speech and expression, assembly, association, movement,
residence, and profession (Article 19).
○ Cultural and educational rights (Articles 29 and 30).
○ Right to vote in elections.
○ Right to contest elections for Parliament and state legislatures.
○ Eligibility to hold certain public offices (e.g., President, Vice-President, Judges of
Supreme Court and High Courts, Governor, Attorney General).
● Presidential Eligibility (India vs. USA):
○ In India, both a citizen by birth and a naturalized citizen are eligible for the office of
President.
○ In the USA, only a citizen by birth is eligible.
2. Single Citizenship
● Concept: Though India has a federal structure with a dual polity (Centre and states), it provides
for only a single citizenship (Indian citizenship). This is unlike federal states like the USA and
Australia, which have a system of dual citizenship (national and state).
● Benefit: A single citizenship provides uniform rights across the country and helps avoid the
problem of states discriminating in favour of their own citizens. It promotes a feeling of fraternity
and unity.
● Exceptions (where residence can be a factor):
1. Public Employment (Article 16): Parliament can prescribe residence within a state or
UT as a condition for certain employments.
2. Special Benefits: A state can provide special benefits or give preference to its residents
in matters not covered by the Constitution (e.g., concessions in fees for education).
3. Protection of Tribal Interests (Article 19): The right of outsiders to enter, reside, and
settle in tribal areas is restricted to protect the distinctive culture and customs of
scheduled tribes.
3. Constitutional Provisions (Articles 5-11)
The Constitution (Part II, Articles 5-11) does not contain permanent or elaborate provisions on citizenship.
It only identifies the persons who became citizens of India at its commencement (January 26, 1950) and
empowers Parliament to enact laws on the matter.
● Persons who became Citizens on Jan 26, 1950:
1. By Domicile (Article 5): A person who had a domicile in India and was either born in
India, had parents born in India, or had been an ordinary resident for five years before the
commencement.
2. Migrated from Pakistan (Article 6): A person who migrated to India from Pakistan and
whose parents or grandparents were born in undivided India.
3. Migrated to Pakistan but Returned (Article 7): A person who migrated to Pakistan after
March 1, 1947, but later returned to India for resettlement.
4. Persons of Indian Origin Residing Abroad (Article 8): A person of Indian origin
residing outside India who registered as a citizen with an Indian diplomatic mission.
4. Citizenship Act, 1955
This Act, enacted by Parliament, provides for the acquisition and loss of citizenship after the
commencement of the Constitution.
● Acquisition of Citizenship (5 Ways):
1. By Birth:
■ Born between Jan 26, 1950, and July 1, 1987: Citizen by birth, irrespective of
parents' nationality.
■ Born between July 1, 1987, and Dec 3, 2004: Citizen only if at least one parent
was a citizen of India at the time of birth.
■ Born on or after Dec 3, 2004: Citizen only if both parents are citizens, or one
parent is a citizen and the other is not an illegal migrant.
2. By Descent: For persons born outside India.
■ Born between Jan 26, 1950, and Dec 10, 1992: Citizen if their father was an
Indian citizen at the time of birth.
■ Born on or after Dec 10, 1992: Citizen if either of their parents was an Indian
citizen.
■ Born on or after Dec 3, 2004: Birth must be registered at an Indian consulate
within one year.
3. By Registration: The Central Government may register certain categories of persons as
citizens, including:
■ Persons of Indian Origin (PIOs) who are ordinarily resident in India for seven
years.
■ Persons who are married to a citizen of India and are ordinarily resident for
seven years.
■ Minor children of Indian citizens.
4. By Naturalisation: The Central Government may grant a certificate of naturalisation to a
person (not an illegal migrant) who meets certain qualifications, such as:
■ Has resided in India or been in government service for 12 months immediately
preceding the application and for 11 of the 14 years before that.
■ Is of good character and has adequate knowledge of a language in the Eighth
Schedule.
■ Undertakes to renounce the citizenship of their other country.
■ Note: The government can waive these conditions for someone who has
rendered distinguished service to science, philosophy, art, literature, world peace,
or human progress.
5. By Incorporation of Territory: If any foreign territory becomes a part of India, the
Government of India specifies who among the people of that territory shall be citizens of
India (e.g., Pondicherry in 1962).
● Loss of Citizenship (3 Ways):
1. By Renunciation: Any adult citizen can make a declaration renouncing their Indian
citizenship.
2. By Termination: Indian citizenship automatically terminates if a citizen voluntarily
acquires the citizenship of another country.
3. By Deprivation: A compulsory termination by the Central Government if the citizenship
was acquired by fraud, if the citizen has shown disloyalty to the Constitution, or has been
ordinarily resident out of India for seven years continuously, among other reasons.
5. Overseas Citizenship of India (OCI) Cardholder
● Origin: The concept was introduced based on the recommendations of the L.M. Singhvi
Committee on the Indian Diaspora. The Citizenship (Amendment) Act, 2015, merged the PIO
(Person of Indian Origin) card and OCI card schemes into a single "Overseas Citizen of India
Cardholder" scheme.
● Nature: OCI is not dual citizenship. The Indian Constitution (Article 9) forbids dual citizenship.
● Eligibility: It is available to a person who was a citizen of India or was eligible to be a citizen at
the time of the Constitution's commencement, or belonged to a territory that became part of India
after 1947, and their children, grandchildren, and great-grandchildren. It is not available to anyone
who has ever been a citizen of Pakistan or Bangladesh.
● Rights of an OCI Cardholder:
○ Multiple-entry, multi-purpose lifelong visa for visiting India.
○ Exemption from registration with local police authorities for any length of stay.
○ Parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields.
● Restrictions (Rights NOT available to an OCI Cardholder):
○ Right to equality of opportunity in public employment (Article 16).
○ Right to vote.
○ Right to be elected as President, Vice-President, MP, MLA, or MLC.
○ Right to hold constitutional posts like Judge of the Supreme Court or High Court.
○ Right to acquire agricultural or plantation properties.