Introduction

Part-2 of the Indian Constitution (Articles 5 to 11) deals with citizenship in India. It outlines the rules and provisions regarding who can be an Indian citizen at the commencement of the Constitution, how citizenship can be acquired, and how it can be lost. Additionally, amendments and concepts like Overseas Citizen of India (OCI) and Non-Resident Indian (NRI) are crucial aspects of India's citizenship framework.

Articles related to citizenship of india

Article 5: Citizenship at the Commencement of the Constitution

1. Defines that any person who was domiciled in India and met specific residency requirements automatically became an Indian citizen on January 26, 1950.
2. It applied to people born in India, those with Indian ancestry, or those who had lived in India for at least five years before 1950.

Article 6: Rights of Citizenship for Migrants from Pakistan

1. Provides citizenship to people who migrated from Pakistan to India before July 19, 1948.
2. Those who migrated after this date had to apply for citizenship.

Article 7: Citizenship for People Who Migrated to Pakistan but Returned

1. Allows individuals who migrated to Pakistan after March 1, 1947, but later returned to India under resettlement agreements, to apply for citizenship.

Article 8: Citizenship for Indians Living Abroad

1. Grants citizenship rights to people of Indian origin residing outside India if they or their ancestors were born in India and registered at an Indian consulate.

Article 9: No Dual Citizenship

1. States that any Indian citizen who voluntarily acquires citizenship of another country automatically loses Indian citizenship.

Article 10: Continuation of Citizenship Rights

1. Confirms that anyone recognized as a citizen under these provisions will remain a citizen unless the Parliament enacts a law stating otherwise.

Article 11: Parliament’s Power to Regulate Citizenship

1. Grants Parliament the authority to create, amend, or regulate laws related to citizenship.

Amendments Related to Citizenship

The Constitution originally provided citizenship provisions only for people at the time of its adoption. However, subsequent laws and amendments refined the citizenship rules.

1. The Citizenship Act, 1955

1. This law provided details on acquiring and terminating Indian citizenship.
2. Citizenship can be acquired by birth, descent, registration, naturalization, and incorporation of territory.

2. The 1986 Amendment

1. Restricted automatic citizenship by birth. Only those born in India with at least one Indian parent were granted citizenship.

3. The 2003 Amendment

1. Introduced the concept of Overseas Citizenship of India (OCI).
2. Made acquiring Indian citizenship stricter by requiring at least one parent to be an Indian citizen and not an illegal immigrant.

4. The 2019 Citizenship Amendment Act (CAA)

1. Provided a fast-track route to Indian citizenship for persecuted religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan.
2. Excluded Muslims from this provision, leading to debates and protests.

Types of Indian Citizenship Status

Citizenship in India is categorized based on residency and legal status:

1. Indian Citizen

1. Full legal citizen with voting rights, government job eligibility, and protection under all constitutional provisions.

2. Overseas Citizen of India (OCI)

1. Introduced through the 2003 amendment, this status is for foreign nationals of Indian origin.
2. Provides multiple entry, lifelong visa for India but does not grant political rights (voting, contesting elections, holding government jobs).

3. Non-Resident Indian (NRI)

1. Indian citizens who live abroad for more than 183 days in a financial year.
2. Retain full citizenship rights but are subject to tax laws applicable to NRIs.

4. Persons of Indian Origin (PIO) [Merged with OCI]

1. Previously, PIO status was given to foreign nationals with Indian ancestry, but it was merged into the OCI category in 2015.

5. Foreigner

1. Any person not recognized as an Indian citizen under the citizenship laws.

Citizenship of India: Acquisition and Loss

How to Gain Indian Citizenship?

Indian citizenship can be acquired in the following ways:

1. By Birth (Section 3 of the Citizenship Act, 1955)

1. A person born in India between January 26, 1950, and July 1, 1987, is an Indian citizen by birth, regardless of parents’ nationality.
2. If born in India between July 1, 1987, and December 3, 2004, citizenship is granted only if at least one parent is an Indian citizen.
3. If born on or after December 3, 2004, the person is an Indian citizen if both parents are Indian citizens, or one parent is Indian while the other is not an illegal immigrant.

2. By Descent (Section 4 of the Citizenship Act, 1955)

1. A person born outside India between January 26, 1950, and December 10, 1992, is an Indian citizen if their father was an Indian citizen at the time of birth.
2. If born after December 10, 1992, either parent must be an Indian citizen, and birth must be registered at an Indian consulate within one year.
3. If born after December 3, 2004, the parents must declare that the child will not hold another country’s citizenship.

3. By Registration (Section 5 of the Citizenship Act, 1955)

Indian citizenship can be acquired by registration if a person belongs to one of the following categories:

1. A person of Indian origin residing in India for seven years.
2. A person married to an Indian citizen and residing in India for seven years.
3. Minor children of Indian citizens.
4. A person of Indian origin living abroad who wants to register as an Indian citizen.

4. By Naturalization (Section 6 of the Citizenship Act, 1955)

1. A foreigner who has resided in India for at least 12 years (continuously for the last 12 months and at least 11 years in the last 14 years) and meets government-specified qualifications can apply for naturalization.
2. The Government of India has the authority to grant citizenship even if the person doesn’t fully meet the conditions, in special cases.

5. By Incorporation of Territory (Section 7 of the Citizenship Act, 1955)

1. If a foreign territory becomes a part of India, the Government of India may grant citizenship to people of that region.
2. Example: The residents of Sikkim were granted Indian citizenship after its merger with India in 1975.

How to Lose Indian Citizenship?

Indian citizenship can be lost in three ways:

1. Renunciation (Voluntary Surrender) (Section 8 of the Citizenship Act, 1955)

1. Any Indian citizen who voluntarily acquires citizenship of another country automatically loses Indian citizenship.
2. A declaration of renunciation must be made to the Indian Government.
3. If a person renounces Indian citizenship, their minor children also lose Indian citizenship, but they can reclaim it when they turn 18.

2. Termination (Automatic Loss) (Section 9 of the Citizenship Act, 1955)

1. If an Indian citizen automatically acquires citizenship of another country, their Indian citizenship is terminated.
2. No formal declaration is needed.
3. This applies even if the person has not officially renounced Indian citizenship.

3. Deprivation (Forced Revocation) (Section 10 of the Citizenship Act, 1955)

The Indian Government can deprive a person of Indian citizenship if:

1. The person obtained citizenship through fraud or misrepresentation.
2. The person has shown disloyalty to the Indian Constitution.
3. The person has unlawfully communicated with enemies during wartime.
4. The person has been sentenced to imprisonment for at least two years within five years of acquiring citizenship.
5. The person has been living continuously in another country for seven years, without officially declaring the intent to retain Indian citizenship.

OCI, NRI, and Other Citizenship-Related Terms

1. Non-Resident Indian (NRI)

1. An Indian citizen who resides outside India for more than 182 days in a financial year.
2. They retain their Indian passport and citizenship but live abroad for work, study, or other purposes.

2. Overseas Citizen of India (OCI)

1. OCI is not full citizenship but provides long-term residency and various benefits.
2. OCI holders can live, study, and work in India indefinitely but cannot vote, hold government jobs, or buy agricultural land.
3. People of Indian origin who were citizens of India before January 26, 1950, or their descendants, are eligible for OCI.

3. Person of Indian Origin (PIO) (Now Merged with OCI)

1. Earlier, PIO was a category for foreign nationals of Indian origin.
2. In 2015, the PIO scheme was merged with OCI to simplify citizenship-related matters.