CITIZENSHIP OF INDIA
Citizenship is the legal membership of a person in a country. A citizen enjoys full civil and political rights and also has certain duties towards the nation. It defines the relationship between the government and an individual.
Citizenship means full and official membership of a nation. A citizen is someone who is legally recognized as belonging to a country and has the right to enjoy various civil and political rights.
In India, only citizens have the right to vote, apply for government jobs, participate in elections, and enjoy other constitutional rights, including most Fundamental Rights. (A few Fundamental Rights, such as Article 14,20,21,22,25–28, are available to all persons, including foreigners.)
The Indian Constitution provides a single citizenship for the entire nation. This means that every Indian is a citizen of India and not of any particular state.
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Constitutional Provisions
The Constitution of India discusses citizenship in part 2, from Articles 5 to 11. These articles explain who was considered an Indian citizen on the day the Constitution came into force, which was 26 January 1950. They also give Parliament the power to make future laws related to citizenship.
Therefore Using this power, The Parliament passed the Citizenship Act, 1955, which has been amended several times, including in 1986, 1992, 2003, 2005, 2015 and 2019.
Historical Background
Before 1947, India was under British rule, so people were British subjects.
After independence, India needed a clear definition of who would be treated as a citizen—especially because millions of people migrated during the Partition of India and Pakistan. Articles 5 to 11 were created to solve these issues and provide clarity during this sensitive period.
Article-wise Explanation
Article 5 - A person became an Indian citizen on 26 January 1950 if:
- They were born in India, or
- Either of their parents were born in India, or
- They had been living in India for at least 5 years before 26 January 1950.
Article 6 - People who migrated from Pakistan to India during Partition could become citizens if they met certain conditions, such as registering themselves and proving permanent residence.
Article 7 - People who migrated from India to Pakistan but later returned to India needed permission from the Government of India to regain citizenship.
Article 8 - Some Indians living outside India (in other countries) could become citizens by registering themselves at Indian embassies.
Article 9 - If a person accepts citizenship of another country, they automatically lose Indian citizenship.
Article 10 - Anyone who is a citizen under these Articles will continue to be a citizen unless new laws change the rules.
Article 11 - The indian Constitution give complete power to The Parliament to make any laws regarding citizenship.(This power is mainly used by the Ministry of Home Affairs.)
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Citizenship Act, 1955
Based on Article 11, Parliament passed the Citizenship Act, 1955. It provides five ways to acquire Indian citizenship and three ways to lose it.
The Act has been amended multiple times to deal with issues like illegal migration, foreign marriages, and refugees.
(A) Acquiring Indian Citizenship:-
The Citizenship Act, 1955 mentions five methods to acquiring indian citizenship :-
Let’s understand each one.
1. Citizenship by Birth :-
A person born in India can be a citizen based on the date of birth and parents Nationality :
(1) Born between 26 January 1950 and 1 July 1987 Automatically an Indian citizen.
(2) Born between 1 July 1987 and 2 December 2004 Becomes a citizen if either parent was an Indian citizen at the time of birth.
(3) Born on or after 3 December 2004 A person becomes a citizen if:
- Both parents are Indian citizens, or
- One parent is an Indian citizen and the other is not an illegal migrant.
2. Citizenship by Descent:
A person born outside India can be a citizen if their parents are Indian:
- Born between 26 January 1950 and 10 December 1992 If the father was an Indian citizen.
- Born on After 10 December 1992, If either parent was an Indian citizen.
- After 2004, Needs to be registered at an Indian consulate within one year.
Registration at an Indian embassy is usually required.
3. Citizenship by Registration:-
- Persons of Indian origin who have been living in India for 7 years.
- People married to an Indian citizen.
- Minor children of Indian citizens.
- Persons of Indian origin living abroad who meet the required conditions.
(Spouses of Indian citizens (after meeting residency rules)
4. Citizenship by Naturalisation:-
- They should have lived in India for a long time (usually 12 years).
- They should have stayed in India continuously for 1 year just before applying.
- Having good character and the intention to make India their permanent home.
5. Citizenship by Incorporation of Territory:
If any new territory becomes part of India (for example, Sikkim in 1975), the people living there become Indian citizens automatically.
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(B) Loss of Indian Citizenship
According to the Citizenship Act, 1955, a person can lose Indian citizenship in three ways:
These are describe bellow !1. By Renunciation :-
If an Indian citizen decides to accept the citizenship of another country, they can give up their Indian citizenship by making a formal declaration.
This usually happens when someone settles abroad and chooses that country’s nationality.
2. By Termination :-
If an Indian citizen automatically acquires the citizenship of another country (without formally giving up Indian citizenship), then their Indian citizenship ends by law.
3. By Deprivation :-
The Government of India can cancel a person’s citizenship in certain special cases, such as:
- If the citizenship was obtained by fraud.
- If the person acts against the security or interests of India.
- If they break the conditions required for naturalisation.
This step is taken only in serious situations.
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Amendments to the Citizenship Act, 1955 (Explained Simply)
The Citizenship Act, 1955 has been amended several times (including in 1986, 1992, 2003, 2005, 2015 and 2019) to update the rules of citizenship based on changing social and political conditions.
Here are all the amendments in a clear and simple way:
1. Citizenship (Amendment) Act, 1986
- Made citizenship by birth more strict.
- After this amendment, being born in India alone was not enough.
- At least one parent had to be an Indian citizen.
- This was done to control illegal immigration.
2. Citizenship (Amendment) Act, 1992
- Allowed either parent to pass on citizenship, not just the father.
- Made the law gender-equal — earlier only the father could pass citizenship to children born outside India.
3. Citizenship (Amendment) Act, 2003
This was a major change. It:
(1) Introduced the concept of “illegal migrant.”
(2) Said that children born in India after 2004 will be citizens only if :-
- both parents are citizens, or
- one parent is a citizen and the other is not an illegal migrant.
(3) Laid the foundation for the National Register of Citizens (NRC).
(4) Made the citizenship process more strict.
4. Citizenship (Amendment) Act, 2005
- Allowed the Government of India to create the post of Overseas Citizen of India (OCI).
- This amendment helped foreign citizens of Indian origin get long-term visa benefits.
- OCI is not full citizenship — it is more like a lifelong visa.
5. Citizenship (Amendment) Act, 2015
- Merged PIO (Person of Indian Origin) with OCI.
- Now, PIO cardholders automatically became OCI cardholders.
- Made it easier for Indian-origin people abroad to stay connected with India.
6. Citizenship Amendment Act (CAA), 2019
The Citizenship Amendment Act (CAA) was passed in December 2019. This is the most discussed amendment. And It became widely discussed and controversial across the country.
The CAA gives a pathway to Indian citizenship for persecuted minorities from three neighbouring countries:
- Pakistan
- Afghanistan
- Bangladesh
The eligible religious groups included are: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. These people must have entered India on or before 31 December 2014 to be eligible.
The Act does not include Muslims, which led to debates about secularism and equality. Because of this, many protests and discussions took place across India after the Act was passed.
(This amendment became controversial because it did not include Muslims, leading to debates and protests.)
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Conclusion
Citizenship forms the foundation of a person’s legal identity in India. Through the Constitution and the Citizenship Act, India has created a clear system for who can become a citizen and how citizenship may be lost. Understanding these rules is important for exams, daily awareness, and discussions about rights, duties, and national belonging.
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👉 Frequently Asked Questions (FAQ)❓
Q.1- Who is considered an Indian citizen under the Constitution?
Ans -A person is considered an Indian citizen if they satisfy the conditions mentioned in Articles 5 to 11, such as being born in India, having Indian parents, or meeting residency rules before 26 January 1950.
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Q.2- What is the difference between OCI, PIO, and NRI?
Ans - OCI: Overseas Citizen of India — long-term visa and special benefits, but not full citizenship.
PIO: Person of Indian Origin - merged with OCI in 2015.
NRI: Non-Resident Indian — an Indian citizen living abroad for work, education, or business.
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Q.3- Does India allow dual citizenship?
Ans- No. India does not allow dual citizenship. If an Indian voluntarily obtains citizenship of another country, they lose their Indian citizenship under Article 9 and the Citizenship Act.
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4. What is the purpose of the Citizenship Amendment Act (CAA), 2019?
Ans- The CAA provides a path to Indian citizenship for persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Afghanistan, and Bangladesh who entered India before 31 December 2014.
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5. How can a foreigner become an Indian citizen?
Ans- A foreigner can become an Indian citizen mainly through Naturalisation.
They must live in India for 12 years, stay continuously for 1 year before applying, be of good character, and plan to live in India permanently.
👉 Citizenship of India Quiz Test (20 MCQs)
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