Citizenship in India (Part II, Articles 5 to 11)

Citizenship is the cornerstone of a person’s relationship with a state. It signifies the recognition of an individual as a member of a country and bestows upon them the rights, duties, and privileges granted by the state. In India, citizenship is not only a legal status but a powerful connection that shapes the individual’s rights within the country. 

The concept has been intricately defined through the Constitution of India, the Citizenship Act of 1955, and its subsequent amendments. This article aims to provide a detailed understanding of Indian citizenship, covering its historical evolution, constitutional provisions, the statutory framework, and the different modes of acquiring and losing citizenship in India.

Historical Context of Citizenship in India

The Impact of Partition

The question of Indian citizenship first arose following the partition of British India in 1947, which created two new countries – India and Pakistan. The people who migrated from one country to the other had to decide on their nationality. Those who chose to live in India became Indian citizens, while those who opted for Pakistan became Pakistani citizens. The partition caused mass migration and a sense of urgency among the policymakers to define the legal status of citizens.

Need for Citizenship Laws

Before the Constitution of India came into effect in 1950, the country needed a clear and systematic approach to determine who could be considered a citizen. The post-partition period was marked by complex challenges due to migration, displacement, and border shifts. Thus, the need for a comprehensive law governing citizenship was paramount.

Constitutional Provisions on Citizenship (Part II, Articles 5–11)

The Constitution of India lays down the initial framework for citizenship in India. Part II, comprising Articles 5 to 11, deals with the status of citizens at the commencement of the Constitution and empowers Parliament to make laws regarding citizenship.

Article 5: Citizenship at the Commencement of the Constitution

Article 5 guarantees citizenship to those who were born in India, those who have Indian parents, or those who had been residing in India for a period of at least five years immediately before the commencement of the Constitution. This provision laid down the basic structure for determining Indian citizenship post-independence.

Article 6: Citizenship of Persons Migrated from Pakistan

Persons who migrated from Pakistan to India before 19 July 1949, and whose parents or grandparents were born in India, were granted Indian citizenship. Those who migrated after this date had to register with the authorities to be considered Indian citizens.

Article 7: Citizenship of Persons Migrated to Pakistan

It states that if a person migrated from India to Pakistan after 1 March 1947, but returned to India with a resettlement permit, they could be considered Indian citizens. This was particularly relevant for people who migrated temporarily due to the partition but later wished to return to India.

Article 8: Persons of Indian Origin Residing Outside India

This article provides that any person of Indian origin who is residing outside India and whose parents or grandparents were born in India can register themselves as Indian citizens at Indian diplomatic missions abroad.

Article 9: Single Citizenship

India follows the concept of single citizenship, meaning that a person who voluntarily acquires the citizenship of another country loses their Indian citizenship. The Constitution bars dual citizenship.

Article 10: Continuance of Citizenship

Any person who is considered an Indian citizen under the provisions of Articles 5 to 8 continues to be a citizen of India, unless they lose their citizenship under subsequent legal provisions.

Article 11: Power of Parliament to Regulate Citizenship

Article 11 grants Parliament the authority to make laws on the acquisition, termination, and regulation of citizenship. This power is exercised through the enactment of the Citizenship Act, 1955, which governs the process in detail.

The Citizenship Act, 1955

The Citizenship Act, 1955, was enacted to regulate the acquisition and termination of Indian citizenship. It was a significant step in creating a formal legal framework for the country’s citizenship laws. The Act has been amended multiple times to address changing needs and evolving circumstances.

Modes of Acquiring Citizenship

The Citizenship Act defines the different modes through which an individual can acquire Indian citizenship. These include:

Citizenship by Birth (Section 3)

According to Section 3, any person born in India on or after 26 January 1950 but before 1 July 1987, is a citizen by birth. This was later modified, and now, a person born in India after 1 July 1987 will only be an Indian citizen if either of their parents is an Indian citizen at the time of birth.

Citizenship by Descent (Section 4)

This provision applies to children born outside India. A person born outside India on or after 26 January 1950 is considered an Indian citizen if their father was an Indian citizen at the time of birth. In the case of children born after 10 December 1992, one of the parents must be an Indian citizen for the child to acquire Indian citizenship.

Citizenship by Registration (Section 5)

Persons of Indian origin who have resided in India for a minimum of seven years can apply for citizenship by registration. Additionally, foreign spouses of Indian citizens who have lived in India for at least seven years are eligible to apply for Indian citizenship.

Citizenship by Naturalisation (Section 6)

Naturalisation is granted to individuals who have resided in India for a cumulative period of 12 years. They must renounce any foreign citizenship and meet certain other criteria such as good character, language proficiency, and knowledge of Indian culture.

Citizenship by Incorporation of Territory (Section 7)

If any territory is incorporated into India, its residents automatically acquire Indian citizenship. This was applicable when India annexed territories like Goa, Daman, and Diu.

Loss and Termination of Citizenship

Renunciation (Section 8)

Renunciation occurs when an Indian citizen voluntarily gives up their Indian citizenship in order to acquire the citizenship of another country. If the parent renounces citizenship, the minor children also lose their Indian citizenship but may reclaim it within one year of reaching adulthood.

Termination (Section 9)

If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship is automatically terminated. However, if a person acquires foreign citizenship during a time of war, their Indian citizenship will not be terminated until the Central Government gives specific instructions.

Deprivation (Section 10)

The government has the power to deprive an individual of their Indian citizenship if it is found that they obtained it through fraud, misrepresentation, or other illegal means. This provision also applies to individuals who acquired citizenship through registration or naturalisation under Section 5 or Section 6.

Amendments to the Citizenship Act

The Citizenship Act, 1955, has undergone several amendments to address the changing social, political, and economic realities of the country.

Citizenship Amendment Act, 1986

The amendment introduced the concept of jus sanguinis (right of blood), ensuring that children born in India to foreign parents could acquire Indian citizenship if at least one of their parents was an Indian citizen.

Citizenship Amendment Act, 2003

This amendment made the acquisition of Indian citizenship more stringent by adding provisions related to illegal immigration. It mandated that for a person to acquire Indian citizenship, one of their parents must be an Indian citizen, and the other parent must not be an illegal immigrant.

Citizenship Amendment Act, 2005

This amendment allowed for the dual citizenship status for Indian nationals through the Overseas Citizens of India (OCI) scheme. However, this provision excluded people from Pakistan and Bangladesh from holding dual citizenship.

Citizenship Amendment Act, 2019

The 2019 amendment made significant changes by providing a pathway to Indian citizenship for refugees from the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities who migrated from Afghanistan, Bangladesh, and Pakistan on or before 31 December 2014. The act, however, excluded Muslims from these countries.

Overseas Citizens of India (OCI)

The concept of Overseas Citizenship of India (OCI) was introduced to allow individuals of Indian origin, who hold citizenship in other countries, to retain certain rights in India. OCI holders are entitled to long-term visas, financial parity with Non-Resident Indians (NRIs), and the ability to own property. However, they do not have the right to vote, hold constitutional offices, or access certain government benefits.

Dual Citizenship and Its Legalities

India does not recognise dual citizenship. According to Article 9 of the Constitution and Section 9 of the Citizenship Act, acquiring the citizenship of another country automatically results in the loss of Indian citizenship. However, the OCI scheme offers a degree of duality, permitting persons of Indian origin living abroad to retain certain privileges without compromising their foreign citizenship.

Conclusion

Citizenship in India is a complex and evolving concept, governed by both the Constitution and the Citizenship Act of 1955. While the Constitution provides a broad framework, the Citizenship Act fills in the details regarding acquisition, renunciation, and deprivation of citizenship. Over the years, various amendments have addressed the changing demographic and political realities, reflecting India’s need to balance national security, human rights, and the interests of the Indian diaspora. 

Understanding the intricacies of Indian citizenship is crucial for both Indian nationals and foreigners with Indian roots who seek to establish a connection with India. The laws of citizenship in India continue to evolve, with Parliament holding the authority to make necessary changes to adapt to the country’s needs.