PART-II: CITIZENSHIP
Limitations of Part II:
Part II of the Constitution does not contain permanent or detailed provisions regarding citizenship. It only identifies persons who became citizens of India at its commencement (Jan 26, 1950). It does not deal with the acquisition or loss of citizenship after this date. This is why Parliament enacted the Citizenship Act, 1955.
Note: In India, both citizens by birth and naturalized citizens are eligible for the office of President.
Core Terminology
Understanding citizenship requires distinguishing between several key mobility and status terms:
- Immigration: Relocating to live permanently in a foreign country.
- Emigration: The act of exiting one's own country to settle elsewhere.
- Domicile: A person's permanent residence. This is the legal term equivalent to Permanent Residence (PR) in the Indian context.
- Enemy Alien: A citizen of a country currently at war with India, or a person legally treated as an enemy during wartime under Indian law.
Classification of Individuals
| Category | Characteristics & Rights |
|---|---|
| Citizens | Hold full political and civil rights (e.g., Voting rights, Indian Passport). |
| Residents | Individuals physically living in India (based on days spent). |
| Non-Resident Indians (NRI) | Indian citizens living abroad for employment or residence. |
| Foreigners / Aliens (Legal) | Non-citizens residing in India with valid documentation (Visa/Passport). |
Refugees vs. Illegal Migrants
| Refugee | Illegal Migrant |
|---|---|
| Lacks valid documentation but forced to flee their home country due to persecution. | Lacks valid documentation OR has overstayed an expired visa. |
| Protected internationally by the UNHCR (UN High Commissioner for Refugees). | Dealt with strictly under domestic law (e.g., Foreign Tribunals). |
| 1951 Geneva Convention: Sets international rules for refugee protection. Note: India did not sign the 1951 Convention or the 1967 Protocol, handling refugees administratively instead. | Subject to deportation under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920. |
Definitions of Status
1 What is Citizenship?
It is a legal and political status representing a bond between the State and an individual. It grants civil and political rights, such as the Right to Vote.
2 What is a Resident?
It is a physical and geographical status. It is a mathematical concept based strictly on how many days a person spends within the geographical borders of India.
3 What is Domicile?
It is an economic and welfare concept defining a person's permanent legal home, distinct from mere physical presence. It requires two elements:
- Factum: The physical presence of a person.
- Animus Manendi: The clear intention to remain there permanently.
Citizenshipa
| Aspect | Details |
|---|---|
| Meaning & Significance | Citizenship grants full rights and privileges. Aliens (friendly or enemy) have restricted rights. Enemy aliens can be detained or arrested without standard protections. |
| Rights Exclusive to Citizens |
|
| Constitutional Provisions | Articles 5-11 (Part II) define citizenship provisions. Parliament is explicitly empowered to regulate citizenship through laws. |
| Key Citizenship Articles |
|
| Citizenship Act, 1955 |
Governs citizenship acquisition, termination, and supplementary provisions. Amended 6
times.
Originally included Commonwealth citizenship (repealed in 2003). Note: ‘Domicile’ is an important criterion mentioned for citizenship but is NOT defined in the Constitution itself. |
| Key Amendments to the 1955 Act |
|
Acquisition of Citizenship (5 Ways)
Authority Note:
In India, citizenship is granted by the Ministry of Home Affairs (Central Government) according to the rules regulated by Parliament.
- By Birth: (Automatic)
- Before 1 July 1987: Citizen irrespective of parents' nationality.
- 1 July 1987 – 2 Dec 2004: Either parent must be an Indian citizen at the time of birth.
- After 3 Dec 2004: Both parents must be Indian citizens OR one Indian + the other is not an illegal immigrant.
- Exception: Enemy aliens and children of foreign diplomats in India are not granted citizenship by birth.
- By Descent:
- If born outside India on/after 3 Dec 2004, not a citizen unless registered at an Indian consulate within one year.
- Requires permission from the Central Government if applying after one year.
- By Registration: (Eligible categories)
- Indian Origin Resident: Lived in India for 7 years before applying.
- Indian Origin Abroad: Residing outside undivided India.
- Spouse of Indian Citizen: Married and resident in India for 7 years before applying.
- Minor Child: Born to Indian citizens.
- Person with Indian Parent(s): Either parent was a citizen at independence; must reside in India for 12 months before applying.
- By Naturalization:
- Must renounce foreign citizenship and not belong to a country prohibiting Indian naturalization.
- Must reside in India or serve in its government for 12 months continuously before applying.
- Must have lived in India for at least 11 of the 14 years preceding the 12-month period.
- Post-naturalization, must reside in India or serve in an Indian-recognized international organization.
- By Incorporation of Territory:
- When a foreign territory is added to India, its residents automatically become Indian citizens (e.g., Pondicherry in 1962).
Termination of Citizenship (3 Ways)
- By Renunciation (Voluntary):
- If a citizen voluntarily renounces it, their minor child also loses citizenship (unless the other parent remains Indian).
- The child can regain it by declaring intention within a year of attaining legal adulthood (18 years).
- By Termination (Automatic):
- If an Indian voluntarily acquires foreign citizenship, Indian citizenship is automatically terminated.
- Exception: Does not apply during times of war.
- By Deprivation (Government Action):
- Revoked by the Central Government under Section 10 of the Citizenship Act, 1955.
- Grounds include: Obtained by fraud, disloyalty to the Constitution, imprisonment in India for 2+ years within the first 5 years of naturalization/registration, or living abroad for 7+ continuous years without declaring intent to retain citizenship.
Overseas Indians: OCI, NRI, & PIO
Q What is Overseas Citizenship of India (OCI)?
Introduced as a practical alternative to dual citizenship (which India strictly forbids). An OCI
card
allows for lifelong visa-free travel to India.
Restrictions: No voting rights, no government jobs, and cannot purchase
agricultural/plantation land.
Privileges: Can open special NRI-like bank accounts, make investments, and
adopt
children in India. (Card now only requires renewal once upon reaching 20 years of age).
Q Who is a Non-Resident Indian (NRI)?
An Indian passport holder residing abroad for work, business, or education. To qualify legally as an NRI, one must stay outside India for 183+ days in a financial year. Like OCIs, they cannot buy agricultural land, but they retain voting rights (though they cannot currently vote remotely or by proxy).
Note on PIO (Person of Indian Origin):
This category applied to foreign citizens whose ancestors were Indian citizens/permanent residents after the Constitution's commencement.
Status: The PIO category was discontinued and officially merged into the OCI scheme in 2015. It no longer exists independently.
The Indian Diaspora: NRI & OCI
The diaspora consists of people of Indian descent living abroad, categorized into Non-Resident Indians (NRIs) who remain citizens, and Overseas Citizens of India (OCIs) who hold foreign citizenship.
Info Pravasi Bharatiya Divas (NRI Day)
Celebrated on January 9. This date commemorates January 9, 1915, when Mahatma Gandhi—often referred to as the greatest Pravasi—returned to India from South Africa.
The OCI Scheme was recommended by the L.M. Singhvi Committee in 2002 to strengthen bonds with the diaspora. In 2015, the Prime Minister merged the PIO (Person of Indian Origin) and OCI schemes into a single framework.
| OCI Eligibility & Benefits | OCI Restrictions (Rights Denied) |
|---|---|
| Eligible if: Former Indian citizen, or child/grandchild/great-grandchild of a person born in India after Aug 15, 1947, or spouse of an Indian citizen (minimum 2 years of marriage). | No Right to Vote. |
| Life-long multiple-entry, multi-purpose visa. | No Right to contest in elections. |
| Exempt from registering with the FRRO (Foreigners Regional Registration Officer) for any length of stay. | Cannot be appointed as a civil servant or hold constitutional posts. |
| Parity with NRIs in financial, economic, and educational facilities (e.g., buying non-agricultural property). | Exceptions to OCI: Anyone who has ever been a citizen of Pakistan or Bangladesh, or served in foreign armed forces, is ineligible. |
Constitutional Principle: A citizen of India is not a citizen of a specific State. India strictly follows the concept of Single Citizenship.
Citizenship Amendment Act (CAA) 2019
The CAA of 2019 modified the original 1955 legal framework by introducing critical exceptions to the definition of an "Illegal Migrant".
- Belongs to one of the 6 minority religious communities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians). Note: Excludes Muslims.
- Entered India from 3 specific neighboring countries (Afghanistan, Pakistan, Bangladesh).
- Entered India on or before December 31, 2014.
Furthermore, the Act reduces the naturalization residence requirement from 11 years to 5 years for these specific migrants.
Case Study: Aatish Taseer (2019)
- Background: British-born author and journalist raised in India by his mother, Tavleen Singh (a prominent Indian journalist and single parent).
- Incident: In 2019, the Ministry of Home Affairs (MHA) revoked Taseer's OCI status, effectively blacklisting him from entering India.
- Reasoning: OCI rules strictly forbid granting status to anyone whose parent or grandparent was a citizen of Pakistan. The MHA stated Taseer concealed the fact that his father (Salmaan Taseer) was a Pakistani citizen.
Highlights the strict enforcement of the Pakistan/Bangladesh exception in OCI eligibility.
Article 5 to 11
Article 5: Citizenship at Commencement
At the commencement of the Constitution, every person who had their domicile in the territory of India became a citizen if they met any ONE of the following criteria:
- They were born in the territory of India.
- Either of their parents was born in the territory of India.
- They had been ordinarily resident in the territory of India for not less than five years immediately preceding the commencement of the Constitution.
Article 6: Migrants from Pakistan to India
A person who migrated from Pakistan to India became a citizen if they fulfilled two conditions:
- They, or either of their parents, or any of their grandparents, were born in undivided India.
- Timeline Condition:
- If migrated before July 19, 1948: Ordinarily resident in India since the date of migration.
- If migrated on or after July 19, 1948: Registered as a citizen by an appointed officer after residing in India for at least 6 months preceding the application.
Article 7: Migrants from India to Pakistan
A person who migrated to Pakistan from India after March 1, 1947, shall not be deemed a citizen of India.
Exception: If such a person returned to India under a permit for resettlement or permanent return, they could become a citizen by registering with an officer appointed by the Government of India.
Articles 8 to 11: Other Provisions
| Article | Provision Details |
|---|---|
| Article 8 | A person of Indian origin residing outside India becomes a citizen if registered by a diplomatic or consular representative of India in their country of residence. |
| Article 9 | If a person voluntarily acquires the citizenship of a foreign state, they automatically cease to be a citizen of India. |
| Article 10 | Every person who is a citizen of India under the preceding provisions shall continue to be a citizen, subject to the provisions of any law made by Parliament. |
| Article 11 | Grants Parliament the absolute power to make provisions with respect to the acquisition and termination of citizenship and all other matters relating to it. |