Citizenship of India

(Article 5 to 11 under Part II)

Citizenship of India and its related articles can be found in Part II of the Constitution. Article 5 tells about the citizenship of people in India. The Article 11 gives power to the Parliament to form or regulate the laws relating to the Indian citizenship. Thus Citizenship Act 1955 was passed by the Parliament. It is an act to provide for the acquisition and termination of Indian citizenship, and the same acts speaks about citizenship of India after the commencement of the Constitution.

• A citizen is a person who enjoys full membership of the community in which he lives.
• Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
• Aliens, on the other hand, are the citizens of some other state and hence, do not enjoy all the civil and political rights.
• They are of two categories—friendly aliens or enemy aliens.
• Friendly aliens are the subjects of those countries that have cordial relations with India.
• Enemy aliens are the subjects of that country that is at war with India. They have lesser rights than the friendly aliens.

Who Are Citizens?

At the time of commencement of the constitution, Citizenship of India was given to below mentioned people –

1. 1. Persons who are born in India and domiciled in India.
   2. Persons who are not born in India but domiciled in India and have been staying in India for a period of at least 5 years.
   3. Persons who are domiciled in India but not born in India but either of their parents were born in India.
   4. Persons who are resident in India but they migrated to Pakistan after 1st March 1947 but later returned on resettlement permit.
   5. Persons who reside outside India but either of parents or grandparents were born in India. (by registration)

Rights and Privileges to the Citizens

The Constitution confers the following rights and privileges on the citizen of India (and denies the same to aliens):

1. 1. Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
   2. Right to equality of opportunity in the matter of public employment (Article 16).
   3. Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
   4. Cultural and educational rights (Articles 29 and 30).
   5. Right to vote in elections to the Lok Sabha and state legislative assembly.
   6. Right to contest for the membership of the Parliament and the state legislature.
   7. Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.

Constitutional Provisions

• The Constitution contains neither any permanent nor any elaborate provision in this regard. It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950).
• Constitution empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.

Article 5 – Citizenship At The Commencement Of The Constitution

A person who had his domicile in India and also fulfilled any one of the following, became a citizen of India.

• • • if he was born in the territory of India;
    • if either of his parents was born in the territory of India;
    • if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution.

Article 6 – Rights Of Citizenship Of Certain Persons Who Have Migrated To India From Pakistan

A person who migrated to India from Pakistan became an Indian citizen at the commencement of this Constitution if –

1. 1. 1. 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
      2. if he or either of his parents or any of his grandparents was born in undivided India and also fulfilled any one of the two conditions viz.,

• • • • in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration; or
      • in case he migrated to India on or after July 19, 1948 and had been resident in India for six months, he had been registered as a citizen of India.

Article 7 – Rights Of Citizenship Of Certain Migrants To Pakistan

A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen.

Article 8 – Rights Of Citizenship Of Certain Persons Of Indian Origin Residing Outside India

A person who, or any of whose parents or grandparents, was born in undivided India as defined in the Government of India Act, 1935 but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution. Thus, this provision covers the overseas Indians who may want to acquire Indian citizenship.

Article 9 – Persons Voluntarily Acquiring Citizenship Of A Foreign State Not To Be Citizens

No person shall be a citizen of India or be deemed to be a citizen of India, 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 shall continue to be such citizen, subject to the provisions of any law made by Parliament.

Article 11 – Parliament To Regulate The Right Of Citizenship By Law

Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Citizenship Act, 1955

(Amended in 1957, 1960, 1985, 1986, 1992, 2003, 2005 and 2015.)

The Citizenship Act (1955) provides for acquisition and loss of citizenship after the commencement of the Constitution.

Acquisition of Citizenship

The Act provides for acquisition of Indian Citizenship after the commencement of Constitution in five ways

By Birth

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. The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

By Descent

Persons born outside India on or after 26 January 1950 will be considered as citizen of India if at the time of their birth either of the parents are citizens of India and the parents get the birth registered with the Indian Consulate within 1 year of birth.

By Registration

Any Person who is not a citizen of India can apply for registration as a citizen if he satisfies certain criteria mentioned in the Constitution. (Applicable basically for PIOs and OCI).

1. 1. 1. 1. a person of Indian origin who is ordinarily resident in India for 7 years before making an application for registration;
         2. a person of Indian origin who is resident in any country or place outside undivided India;
         3. a person who is married to a citizen of India and is resident in India for 7 years before making an application for registration;
         4. minor children of persons who are citizens of India;
         5. a person of full age and capacity whose parents are registered as citizens of India;
         6. a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is resident in India for 12 months immediately before making an application for registration;
         7. a person of full age and capacity who has been registered as an overseas citizen of India cardholder for 5 years, and who is ordinarily resident in India for 12 months before making an application for registration.
         8. A person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th August, 1947.

By Naturalization

Citizenship of India by naturalization can be acquired by a foreigner who has resided in India continuously for a period of 1 year and prior to this 1 year in the past 14 years the person should have stayed in India for at least 11 years. Also person should not be a citizen of a country which does not allow Indians to become its citizens by Naturalisation and person should renounce citizenship of parent country.

However, the Government of India may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.

By Incorporation of territory

If any new territory becomes a part of India, the Government of India shall notify the persons of that territory to be citizens of India. Such persons become the citizens of India from the notified date.

Loss of Citizenship

• • Renunciation – voluntarily giving away of citizenship.
  • Termination – acquiring foreign citizenship automatically terminates it.
  • Deprivation – compulsory termination by  central  government  in cases  of fraudulent  acquisition  of 

Renunciation

a voluntary act by which a person holding an Indian citizenship gives it up. When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of 18, he may resume Indian citizenship.

Termination

If an Indian citizen voluntarily accepts the citizenship of another country his Indian citizenship stands terminated. This provision, however, does not apply during a war in which India is engaged.

Deprivation

It is a compulsory termination of Indian citizenship by the Central government, if:

1. 1. 1. the citizen has obtained the citizenship by fraud
      2. the citizen has shown disloyalty to the Constitution of India
      3. the citizen has unlawfully traded or communicated with the enemy during a war
      4. the citizen has, within 5 years after registration or naturalisation, been imprisoned in any country for 2 years
      5. the citizen has been ordinarily resident out of India for 7 years continuously.

Take Away about the Citizenship of India

• The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Constitution of India.
• Article 9 of 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/her Indian passport and voter card and other Indian ID cards must not be used after another country’s citizenship is obtained. It is a punishable offence if the person fails to surrender the passport.
• The President of India is termed the first Citizen of India.
• 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).

So, This post was all about the Citizenship of India and Citizenship Act, 1955 according to the Article 5 to 11 of Indian Constitution.

In the Next Post (Click Here), we will discuss about the Fundamental Rights of the Indian Citizens.