Citizenship

Citizenship encapsulates the bond between an individual and their nation. It is a legal status bestowed upon individuals by a state, entailing both rights and obligations. However, this seemingly straightforward concept is imbued with complexities, variations, and evolving interpretations across different nations and historical contexts. This blog aims to serve as a comprehensive guide for UPSC aspirants delving into the multifaceted realm of citizenship.

Who is a Citizen?

Citizenship refers to the legal acknowledgment of an individual as a member of a sovereign state or part of a nation, as defined by law. In the Indian context, the Constitution, specifically Articles 5 to 11, addresses citizenship. The concept of citizenship encompasses the entitlement to exercise both civil and political rights as a full member of a state.

There exist two prominent principles governing the granting of citizenship: ‘jus soli,’ which bestows citizenship based on the location of birth, and ‘jus sanguinis,’ which acknowledges citizenship through blood relations. Since the era of the Motilal Nehru Committee in 1928, Indian leadership has favored the progressive notion of jus soli. The Constituent Assembly of India dismissed the racial concept of jus sanguinis as it contradicted Indian values and beliefs.

Constitutional Provision of Citizenship

Citizenship falls within the purview of the Union List as outlined in the Constitution, meaning it is solely under the jurisdiction of Parliament. Although the Constitution does not provide a specific definition of “citizen,” it delineates various categories of individuals entitled to citizenship in Part 2 (Articles 5 to 11). Interestingly, unlike many other constitutional provisions that took effect on January 26, 1950, these articles were enforced on November 26, 1949, concurrent with the adoption of the Constitution.

Article 5:  Citizenship at the commencement of the Constitution

This article discusses citizenship for people when the Constitution began on January 26, 1950. It grants citizenship to individuals who meet these criteria:

1. Those born in Indian territory.
2. Those with at least one parent born in Indian territory.
3. Those who have lived in India for at least five years before the Constitution began.

Article 6: Citizenship of person migrated from Pakistan

Any person who moved from Pakistan would become an Indian citizen when the Constitution started if:

1. Either they, their parents, or grandparents were born in India according to the Government of India Act of 1935.
2. They migrated before July 19th, 1948, and have lived in India since then.
   OR
3. They migrated after July 19th, 1948, and were registered as Indian citizens by a designated officer of the Dominion of India before the Constitution began. However, they could only be registered if they had lived in India for at least six months before applying.

Article 7: Citizenship of certain migrants to Pakistan

Despite the content of articles 5 and 6, individuals who migrated from India to Pakistan after March 1, 1947, will not be considered Indian citizens. However, this exclusion does not apply to those who returned to India from Pakistan under a permit for resettlement or permanent return issued by law. Such individuals will be treated as having migrated to India after July 19, 1948, for the purposes of clause (b) of Article 6.

Article 8: Citizenship of persons of Indian origin residing outside India

Regardless of what is stated in Article 5, any person, or their parents or grandparents, who was born in India according to the Government of India Act, 1935, and who currently lives in a country outside India as defined in the Act, will be considered a citizen of India if they have been registered as such by an Indian diplomatic or consular representative in the country where they reside. This registration can be done by submitting an application to the representative, following the prescribed format set by the government of the Dominion of India or the Government of India, either before or after the commencement of the Constitution.

Article 9: Acquiring Foreign Citizenship

No individual can become a citizen of India under Article 5, nor can they be considered a citizen under Articles 6 or 8 if they have willingly obtained citizenship in another country.

Article 10: Status of Citizenship

Any individual who qualifies as an Indian citizen under any provision of this section will retain their citizenship status and will also be subject to any laws enacted by the Parliament./

Article 11: Parliament to regulate the right of citizenship by law

The preceding sections of this Part do not limit Parliament’s authority to enact laws regarding the acquisition and cessation of citizenship, as well as all other aspects pertaining to citizenship.

Acquiring Indian Citizenship

Indian citizenship can be obtained through four methods: birth, descent, registration, and naturalization, as outlined in the Citizenship Act of 1955.

By Birth

1. Anyone born in India between January 26, 1950, and July 1, 1987, is automatically an Indian citizen, regardless of their parents’ nationality.
2. Anyone born in India between July 1, 1987, and December 2, 2004, is an Indian citizen if at least one of their parents is an Indian citizen at the time of their birth.
3. Anyone born in India on or after December 3, 2004, is an Indian citizen if both parents are Indian citizens or if one parent is a citizen and the other is not an illegal migrant at the time of birth.

By Descent

Section 4 of the Citizenship Act, 1955, states that if a person born outside India on or after January 26, 1950, has an Indian citizen father at the time of their birth, they become an Indian citizen by descent. However, if the father is an Indian citizen by descent, the person is not considered an Indian citizen unless their birth is registered at the Indian Consulate or the father is in service under the Government of India at the time of their birth.

The Citizenship (Amendment) Act, 2003, has amended Section 4 to require the parents of such a person to declare, in a specified form and manner, that the minor does not hold the passport of another country. If a minor, who is an Indian citizen by virtue of this Section, is also a citizen of another country, they will lose Indian citizenship unless they renounce the citizenship or nationality of the other country within six months of turning eighteen years old.

By Registration

Citizenship can also be acquired through registration, with some mandatory requirements including:

1. A person of Indian origin who has resided in India for seven years before applying for registration.
2. A person of Indian origin residing in any country outside undivided India.
3. A person married to an Indian citizen who has been living in India for seven years before applying for registration.
4. Minor children of Indian citizens.
5. A person of full age and capacity who has been registered as an overseas citizen of India for five years and has resided in India for two years before applying for registration.

For clauses (a) and (c) above, an applicant is considered ordinarily resident in India if:

• They have lived in India continuously for the twelve months preceding the registration application.
• They have resided in India for at least six years during the eight years immediately preceding the twelve-month period.

For this section, a person is considered of Indian origin if they or either of their parents were born in undivided India or in a territory that became part of India after August 15th.

By Naturalization

Naturalization is the process through which a state grants citizenship rights to an individual who was previously a foreigner to that state. Section 6 of the Citizenship Act, 1955, outlines the procedure for acquiring Indian citizenship through naturalization.

Eligibility criteria include:

1. The applicant must not hold citizenship in a country that prevents Indian citizens from naturalizing.
2. The individual must renounce their citizenship in their own country according to its laws and inform the Central Government of India.
3. The applicant must have resided in India or been in the service of the Indian Government for twelve months before applying for naturalization.
4. For the fourteen years immediately preceding the twelve-month period mentioned above, the applicant must have either resided in India, served the Indian Government, or a combination of both, totaling at least eleven years.
5. The applicant must demonstrate good character.
6. The individual must possess sufficient knowledge of at least one language recognized by the Constitution of India.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

By Renunciation

If an individual who holds both Indian citizenship and nationality of another country renounces their Indian citizenship through the required declaration, they lose their status as an Indian citizen. When a male individual loses his Indian citizenship, any minor children he has also lose their Indian citizenship. However, such children have the option to regain Indian citizenship within one year after reaching adulthood by declaring their intention to resume Indian citizenship.

By Termination

Indian citizenship can be revoked if a citizen knowingly or willingly acquires citizenship in another country. This means that if an individual intentionally becomes a citizen of another nation, they automatically lose their Indian citizenship. This provision is in place to ensure that individuals do not hold dual citizenship, as it is not permitted under Indian law. Dual citizenship poses potential conflicts of interest and loyalty, which is why the Indian government revokes citizenship in such cases.

By Deprivation

If an individual consciously or voluntarily obtains citizenship in another country, their Indian citizenship can be revoked. This implies that if someone intentionally becomes a citizen of a different nation, they forfeit their Indian citizenship automatically. This measure is implemented to prevent individuals from holding dual citizenship, which is prohibited under Indian law. Dual citizenship can lead to conflicts of interest and loyalty, prompting the Indian government to revoke citizenship in such instances.

Person of Indian Origin vs Overseas Citizen of India

Persons of Indian Origin (PIO) Card:
Eligibility for a PIO card includes being a person of Indian origin and a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China, or Afghanistan. Alternatively, individuals who have previously held an Indian passport or are spouses of Indian citizens or persons of Indian origin can also qualify.
PIO cardholders can enter India multiple times over a period of fifteen years without requiring a separate visa.

Overseas Citizen of India (OCI) Card:
The OCI Card is designed for foreign nationals who were eligible for Indian citizenship on January 26, 1950, or became Indian citizens after that date. However, citizens of Pakistan and Bangladesh are ineligible for the OCI Card, and cardholders do not have voting rights.
It’s important to note that holding an OCI Card does not equate to dual citizenship; OCI cardholders are not considered Indian citizens. The OCI Card serves as a lifelong visa for multiple entries into India.
OCI Cardholders enjoy the same rights as Non-Resident Indians (NRIs) regarding financial, educational, and economic matters. However, they are prohibited from acquiring agricultural land in India.

However this differentiation is done away with under Citizenship Act of 2015 merging the benefit of both OCI and PIO scheme.

Also read about Preamble of Indian Constitution.