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Citizenship in India

The document outlines the constitutional provisions and the Citizenship Act of 1955 in India, detailing the criteria for acquiring and terminating Indian citizenship. It explains the articles in the Constitution that govern citizenship, the various methods of acquiring citizenship, and the amendments made to the Citizenship Act over the years. Additionally, it highlights significant Supreme Court judgments that have influenced citizenship laws in India.

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19 views4 pages

Citizenship in India

The document outlines the constitutional provisions and the Citizenship Act of 1955 in India, detailing the criteria for acquiring and terminating Indian citizenship. It explains the articles in the Constitution that govern citizenship, the various methods of acquiring citizenship, and the amendments made to the Citizenship Act over the years. Additionally, it highlights significant Supreme Court judgments that have influenced citizenship laws in India.

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KLRR ENGINEERS
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Citizenship in India: Constitutional Provisions and Citizenship

Act, 1955

1. Introduction
Citizenship determines who is recognized as a member of a country and is
entitled to its rights and privileges. The Indian Constitution provides for single
citizenship, meaning all Indians, irrespective of the state or union territory they
belong to, are citizens of India only (unlike the USA, which has both state and
national citizenship).

2. Constitutional Provisions on Citizenship


The Indian Constitution originally had Articles 5 to 11 under Part II, which
dealt with citizenship at the time of commencement of the Constitution
(January 26, 1950).

Article-wise Explanation:

1. Article 5 – Citizenship at the Commencement of the Constitution


o A person domiciled in India and:
 Born in India, or
 Either parent was born in India, or
 Lived in India for at least 5 years before January 26, 1950,
o Would be considered a citizen of India.

2. Article 6 – Citizenship of Migrants from Pakistan


o Those who migrated from Pakistan to India before July 19, 1948, were
granted Indian citizenship automatically.
o Those who migrated after July 19, 1948, had to register for citizenship.

3. Article 7 – Citizenship of Persons Who Migrated to Pakistan


o If an Indian migrated to Pakistan after March 1, 1947, but later returned
under a permit for resettlement, they could become an Indian citizen
again.

4. Article 8 – Citizenship for Overseas Indians


o People of Indian origin residing abroad (outside India and Pakistan)
could register as Indian citizens if they had:
 A grandparent or parent born in undivided India, and
 Registered at the Indian diplomatic office in their country.

5. Article 9 – No Dual Citizenship


o An Indian citizen automatically loses Indian citizenship if they
voluntarily acquire citizenship of another country.

6. Article 10 – Continuation of Citizenship


o Parliament has the power to regulate citizenship laws and
grant/terminate citizenship.

7. Article 11 – Parliament’s Power to Regulate Citizenship


o The Indian Constitution allows Parliament to make laws regarding
citizenship, leading to the Citizenship Act, 1955.

3. Citizenship Act, 1955


This Act was enacted to regulate acquisition and termination of Indian
citizenship. It has been amended several times, including in 1986, 1992,
2003, 2005, 2015, and 2019.

Modes of Acquiring Citizenship under the Citizenship Act, 1955

A person can acquire Indian citizenship through five ways:

1. By Birth (Section 3)
o Born in India before July 1, 1987 → Automatically a citizen.
o Born between July 1, 1987 – December 2, 2004 → At least one parent
must be an Indian citizen.
o Born on or after December 3, 2004 → At least one parent must be an
Indian citizen, and the other must not be an illegal immigrant.

2. By Descent (Section 4)
o Born outside India to Indian parents → Eligible for Indian citizenship, but
must be registered at an Indian consulate within one year of birth.

3. By Registration (Section 5)
o Certain non-citizens of Indian origin (e.g., persons of Indian origin
residing abroad for 7 years) can register as Indian citizens.

4. By Naturalization (Section 6)
o Foreigners can acquire Indian citizenship if they:
 Have resided in India for at least 12 years.
 Are of good character and have adequate knowledge of an Indian
language.

5. By Incorporation of Territory (Section 7)


o If a foreign territory becomes part of India, the government may grant
citizenship to people of that territory.
4. Termination of Citizenship Under the Citizenship Act,
1955
Indian citizenship can be lost in three ways:

1. By Renunciation (Section 8)
o If an Indian citizen voluntarily gives up their citizenship, they cease to
be a citizen.
o If the person has minor children, they will also lose their Indian
citizenship, but they can reclaim it when they turn 18 years old.

2. By Termination (Section 9)
o If an Indian citizen acquires another country’s citizenship, they
automatically lose Indian citizenship.

3. By Deprivation (Section 10)


o The government can forcibly terminate citizenship if the person:
 Obtained it fraudulently.
 Shows disloyalty to the Constitution.
 Assists an enemy country during war.
 Has been sentenced to prison for 2 years within 5 years of
getting citizenship.

5. Key Amendments to the Citizenship Act

1. Citizenship Amendment Act, 1986

 Made the law stricter by adding the condition that at least one parent must
be an Indian citizen for citizenship by birth.

2. Citizenship Amendment Act, 2003

 Introduced the concept of "Overseas Citizen of India (OCI)".


 Established National Register of Citizens (NRC).
 Made it more difficult for illegal immigrants to gain citizenship.

3. Citizenship Amendment Act, 2019 (CAA, 2019)

 Grants fast-track citizenship (by naturalization) to non-Muslim refugees from


Pakistan, Bangladesh, and Afghanistan, if they entered India before
December 31, 2014.
 The waiting period for citizenship was reduced from 12 years to 5 years.
 Applies only to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
 Does not apply to Muslim immigrants or illegal immigrants.
6. Important Supreme Court Judgments on Citizenship
1. Pradeep Jain v. Union of India (1984)
o The Supreme Court ruled that "domicile" is an important criterion for
determining citizenship.

2. Sarbananda Sonowal v. Union of India (2005)


o Declared that illegal immigrants are a serious threat to national
security and must be deported.

3. Kailash Chand Mahajan v. State of Punjab (2017)


o The Supreme Court upheld the principle of single citizenship in India.

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