Citizenship of India (with video infobits)
www.clearias.com/citizenship/
Alex Andrews George
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.
Read here to know the laws, acts, ways, and articles of the constitution related to
citizenship, along with video info bits.
The issue of citizenship in India has been a topic of discussion and debate, particularly in
recent years.
Changes in citizenship laws and policies have led to discussions about their impact on
different sections of society and their alignment with constitutional principles.
Table of Contents
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Citizenship of India
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Citizenship: Part II of Constituion
Article 5: Citizenship at the Commencement of the Constitution
Article 6: Rights of citizenship of certain persons who have migrated to India
from Pakistan
Article 7: Rights of citizenship of certain migrants to Pakistan
Article 8: Rights of citizenship of certain persons of Indian origin residing
outside India
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be
citizens
Article 10: Continuance of the rights of citizenship
Article 11: Parliament to regulate the right of citizenship by law
Info-bits related to the Citizenship of India
Citizenship of India
Citizenship in India is the legal status that grants individuals certain rights and privileges
within the country. The Citizenship Act of 1955 governs matters related to Indian
citizenship. The act defines various ways through which a person can acquire or lose
Indian citizenship.
There are three main ways through which individuals can acquire Indian citizenship:
By Birth:
Individuals born in India on or after January 26, 1950, are considered citizens of
India by birth.
Individuals born in India between January 26, 1950, and July 1, 1987, are
considered citizens regardless of the nationality of their parents.
Individuals born in India on or after July 1, 1987, but before the commencement of
the Citizenship (Amendment) Act, 2003, are considered citizens if at least one
parent is a citizen of India at the time of their birth.
By Descent
Individuals born outside India on or after January 26, 1950, but before December
10, 1992, are considered citizens if their father is a citizen of India at the time of
their birth.
Individuals born outside India on or after December 10, 1992, are considered
citizens if either of their parents is a citizen of India at the time of their birth.
By Registration
Individuals who are not citizens by birth or descent can acquire Indian citizenship
through registration under certain conditions. This includes people who have been
residing in India for several years or are married to Indian citizens.
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The Citizenship (Amendment) Act of 2003 introduced provisions for Overseas Citizens of
India (OCI) and Persons of Indian Origin (PIO), allowing certain categories of foreign
nationals of Indian origin to have certain privileges and rights in India without full
citizenship.
It’s important to note that the acquisition of Indian citizenship can also lead to the loss of
citizenship in some cases. For example, a person who voluntarily acquires the citizenship
of another country may lose their Indian citizenship. Additionally, the government of India
has the authority to cancel or revoke citizenship under specific circumstances.
Citizenship: Part II of Constituion
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.
Article 5 speaks about the citizenship of India at the commencement of the Constitution
(Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of
citizenship by law. This provision resulted in the enactment of the Citizenship Act 1955 by
the Indian Parliament.
Article 5: Citizenship at the Commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the
territory of India and –
(a) who was born in the territory of India; or
(b) either of whose parents were born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement, shall be a citizen of India.
Article 6: Rights of citizenship of certain persons who have migrated to
India from Pakistan
Notwithstanding anything in Article 5, a person who has migrated to the territory of India
from the territory now included in Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if –
(a) he or either of his parents or any of his grand-parents was born in India as defined in
the Government of India Act, 1935 (as originally enacted); and
(b) (i) In the case where such a person has so migrated before the nineteenth day of July
1948, he has been ordinarily resident in the territory of India since the date of his
migration, or
(ii) in the case where such a person has so migrated on or after the nineteenth day of July
1948, he has been registered as a citizen of India by an officer appointed on that behalf
by the Government of the Dominion of India on an application made by him therefor to
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such officer before the commencement of this Constitution in the form and manner
prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the
territory of India for at least six months immediately preceding the date of his
application.
Article 7: Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March
1947, migrated from the territory of India to the territory now included in Pakistan shall not
be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a person who, after having so migrated
to the territory now included in Pakistan, has returned to the territory of India under a
permit for resettlement or permanent return issued by or under the authority of any law
and every such person shall for clause (b) of Article 6 be deemed to have migrated to the
territory of India after the nineteenth day of July 1948.
Article 8: Rights of citizenship of certain persons of Indian origin residing
outside India
Notwithstanding anything in Article 5, any person who or either of whose parents or any of
whose grandparents was born in India as defined in the Government of India Act, 1935
(as originally enacted), and who is ordinarily residing in any country outside India as so
defined shall be deemed to be a citizen of India if he has been registered as a citizen of
India by the diplomatic or consular representative of India in the country where he is for
the time being residing on an application made by him therefor to such diplomatic or
consular representative, whether before or after the commencement of this Constitution,
in the form and manner prescribed by the Government of the Dominion of India or the
Government of India.
Article 9: Persons voluntarily acquiring citizenship of a foreign State not
to be citizens
No person shall be a citizen of India by Article 5 or be deemed to be a citizen of India by
Article 6 or Article 8 if he has voluntarily acquired the citizenship of any foreign State.
Article 10: Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India under any of the foregoing
provisions of this Part shall, subject to the provisions of any law that may be made by
Parliament, continue to be such citizen.
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Article 11: Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of
Parliament to make any provision concerning the acquisition and termination of
citizenship and all other matters relating to citizenship.
Info-bits related to the Citizenship of India
1. The conferment of a person, as a citizen of India, is governed by Articles 5 to 11
(Part II) of the Indian Constitution.
2. Apart from the above Articles of the Indian Constitution, citizenship is also deeply
connected with the Citizenship Act, which is passed by the Indian Parliament in
1955.
3. Citizenship Act 1955 speaks about the citizenship of India after the
commencement of the Constitution. It is an act to provide for the acquisition and
termination of Indian citizenship.
4. 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, the Citizenship (Amendment) Act,
2005, and the Citizenship (Amendment Act, 2019).
5. Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship
can be acquired in the following ways : (1) Citizenship at the commencement of the
constitution of India (2) Citizenship by birth: NB – This provision has different
clauses for different periods (3) Citizenship by descent (4) Citizenship by
registration (5) Citizenship by naturalization.
6. Termination of Indian Citizenship as per Citizenship Act 1955: One can lose
citizenship of India in three ways – Renunciation, Termination, and Deprivation
7. Persons domiciled in the territory of India as on 26 November 1949 automatically
became Indian citizens by the operation of the relevant provisions of the Indian
Constitution coming into force. (Citizenship at the commencement of the
constitution of India.)
8. Any person born in India on or after 26 January 1950, but before the
commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth.
[Citizenship by birth]
9. A person born in India on or after 1 July 1987 is a citizen of India if either parent was
a citizen of India at the time of the birth. [Citizenship by birth]
10. Those born in India on or after 3 December 2004 are considered citizens of India
only if both of their parents are citizens of India or if one parent is a citizen of India
and the other is not an illegal migrant at the time of their birth. [Citizenship by birth].
11. Indian nationality law largely follows the jus sanguinis (citizenship by right of blood)
as opposed to the jus soli (citizenship by right of birth within the territory).
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12. Article 9 of the Indian Constitution says that a person who voluntarily acquires
citizenship of any other country is no longer an Indian citizen. Also, according to The
Passports Act, a person has to surrender his Indian passport if he acquires
citizenship of another country, it is a punishable offense under the act if he fails to
surrender the passport.
13. Persons of Indian Origin (PIO) Card: A PIO card applicant has to be a person of
Indian origin who is a citizen of any country, other than Pakistan, Bangladesh, Sri
Lanka, Bhutan, Afghanistan, China, and Nepal; or a person who has held an Indian
passport at any time or is the spouse of an Indian citizen or a person of Indian
origin;
14. Overseas Citizen of India (OCI) card: OCI Card is for foreign nationals who were
eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or
after that date. Applications from citizens of Bangladesh and Pakistan are not
allowed.
15. Overseas Indian Card: A new Bill is pending in Parliament [The Citizenship
(Amendment) Bill], which seeks to do away with the existing overseas citizen of
India (OCI) card and the person of Indian origin (PIO) card, and replace them with a
new overseas Indian card.
16. While PIO cardholders do not require a separate visa and can enter India with
multiple entry facilities for 15 years; the OCI card is multiple entries, multi-purpose
lifelong visa for visiting India. OCI cardholders have parity with non-resident Indians
in respect of economic, financial, and educational matters except in acquiring
agricultural land.
17. A PIO cardholder is required to register with local Police authorities for any stay
exceeding 180 days in India on any single visit.
18. OCI is not dual citizenship. There are no voting rights for an OCI cardholder.
19. The President of India is termed the first Citizen of India.
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