What is Indian Citizenship?
An individual's citizenship is the legal status that identifies him/her as a member of a sovereign state or as one of its citizens. Citizenship is discussed in Articles 5 - 11 of the Indian Constitution. An individual who is a citizen enjoys the rights and privileges of full membership in any country in which they are treated equally as citizens.
During its inception (Nov 26, 1949), Article 5 describes the citizenship of India. The Parliament of India was given authority to regulate citizenship rights by law under Article 11. The Indian Parliament enacted the Indian Citizenship Act 1955 as a result of this provision.
Citizenship: What does it Mean?
A citizen is someone who belongs to both the State and the individual.
Like any state in the modern world, India has two types of citizens: citizens and foreigners. The Indian State is fully a sovereign state, and its citizens are its loyal subjects. They are entitled to all civil and political rights.
As a concept, citizenship excludes non-citizens.
The grant of citizenship is based on two principal principles:
'Jus soli' grants citizenship based on birthplace, 'jus sanguinis' awards citizenship based on blood relations.
India's leadership was in favour of the enlightened concept of jus soli because of the Motilal Nehru Committee (1928).
As it was against the Indian ethos, the Constituent Assembly also rejected the racial idea of jus sanguinis.
Provisions Related to Citizenship
The provisions related to the citizenship are enshrined in the Article 5 to 11 in the Indian Constitution which are given below:
Article 5
Citizenship at the commencement of the Constitution. At the commencement of this Constitution every person who has his domicile in the territory of India and
Who was born in the territory of India; or
Either of whose parents was born in the territory of India; or
Who has been ordinarily resident in the territory of India for not less than five years preceding such commencement, shall be a citizen of India
Article 6
Rights of citizenship of certain persons who have migrated to India from Pakistan. Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if
He or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
i) In the case where such person has so migrated before the nineteenth day of July, 1948 , he has been ordinarily resident in the territory of India since the date of his migration, or
ii.) in the case where such person has so migrated on or after the nineteenth day of July, 1948 , he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India or at least six months immediately preceding the date of his application
Article 7
Rights of citizenship of certain migrants to Pakistan. Notwithstanding anything in Articles 5 and 6, a person who has after the first day of March, 1947 , migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
Article 8
Rights of citizenship of certain persons of India origin residing outside India. Notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.
Article 9
Person voluntarily acquiring citizenship of a foreign State not to be citizens. No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.
Article 10
Continuance of the rights of citizenship. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Article 11
Parliament to regulate the right of citizenship by law. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
Indian Citizenship Act 1955
Citizenship of India with an Indian citizenship certificate can be acquired in the following ways:
Citizenship at the commencement of the Constitution
By birth
By descent
By registration
By naturalisation
By incorporated (by the Government of India) territory
Termination of Indian Citizenship
In accordance with the Act and Indian citizenship amendment bill, an Indian can terminate his or her citizenship in three ways:
Renunciation: The Indian citizen who is also a national of another country does not continue to be an Indian if he renounces his Indian citizenship in the prescribed manner. Whenever a male citizen of India loses his citizenship, every minor child of him also loses his citizenship. Nevertheless, after attaining full age, such a child may become an Indian citizen by declaring his intention to resume Indian citizenship within a year after attaining full age.
Termination: It is possible for an Indian citizen to lose citizenship if he or she adopts the citizenship of a foreign country knowingly or voluntarily.
Deprivation: Citizenship can be revoked by the government of India under certain circumstances. However, not all citizens are eligible for this. Citizens with Indian citizenship by registration, naturalization, or Article 5 Clause (c) (passports valid at the commencement of the Constitution as residents of India for not less than five years prior to the commencement of the constitution) are eligible for this.
Acts and Amendments Supporting Indian Citizenship Certificate
Citizenship in India is determined according to the Citizenship Act of 1955.
The process of acquiring and determining Indian citizenship:
Citizenship in India can be acquired in four ways: through birth, descent, registration, and naturalisation. Under the Indian Citizenship Act 1955, the provisions are listed.
By Birth:
Anyone born in India on or after 26.01.1950 but before 01.07.1987 has the right to citizenship in India regardless of his or her parents' nationality.
In India, each person born between 1 July 1987 and 2 December 2004 is considered an Indian citizen if either of their two parents is a citizen of the nation at the time of the baby's birth.
If both of a person's parents are Indian citizens or if at least one parent is a citizen of India and the other is not an illegal migrant, then all persons born in India on or after 3.12.2004 have the right to become citizens.
By Registration:
Citizenship is also acquired through registration. There are several requirements for registration, including:
An individual must have been an Indian resident for seven years prior to registering.
Indians who are residents of nations other than undivided India.
Applicants should have been married to an Indian citizen for 7 years and ordinarily reside in the country.
Those who are citizens of India and have minor children.
By Descent:
An Indian citizen by descent is someone born outside of India on or after January 26, 1950, whose father was an Indian citizen by birth.
A person born outside India before December 3, 2004, with either of his/her parents being an Indian citizen by birth, but after December 10, 1992.
In order to become an Indian citizen, a person born outside India or after December 3, 2004, must first prove that his/her parents do not hold a passport from another country and that his/her birth has been registered with an Indian consulate within a year of his/her birth.
By Naturalisation:
Citizenship by naturalisation is available to persons who have ordinarily lived in India for a period of 12 years (including at least 12 full months before their application) and meet all requirements in Schedule 3 of the Citizenship Act.
Dual citizenship or dual nationality is not permitted under the Act. A person can only become a citizen through the processes outlined above, which include registration, birth, descent, and naturalisation.
Conclusion
Thus, in this article we have covered all the major important information related to citizenship of India. It basically refers to the relationship that a person and a state shares. The state when offering citizenship to a person provides social security, protection, rights, etc. If we talk about India, the provisions are mentioned in the Part II of the Indian Constitution and laws are also framed by the Parliament of the country.
FAQs on Indian Citizenship
1. What are the ways a person can acquire Indian citizenship as per the law?
The Indian Citizenship Act, 1955, outlines five primary methods for acquiring citizenship:
- By Birth (Jus Soli): Individuals born in India are granted citizenship, although conditions have been added over time based on their parents' citizenship status.
- By Descent (Jus Sanguinis): Individuals born outside India can acquire citizenship if at least one of their parents was an Indian citizen at the time of their birth.
- By Registration: This method is available to persons of Indian origin and individuals married to Indian citizens, subject to certain residency requirements.
- By Naturalisation: Foreigners can acquire citizenship if they have resided in India for a specified period (typically 12 years), have good character, and know a language recognised in the Eighth Schedule of the Constitution.
- By Incorporation of Territory: If a new territory becomes a part of India, the government specifies who among the people of that territory shall be citizens of India.
2. How can a person lose their Indian citizenship?
A person can cease to be an Indian citizen in three ways:
- Renunciation: Any adult citizen of India can voluntarily give up their citizenship by making a declaration. This is not permitted during a war in which India is engaged.
- Termination: This occurs automatically if an Indian citizen voluntarily acquires the citizenship of another country. India does not permit dual citizenship.
- Deprivation: The Central Government can deprive a citizen of their citizenship under certain conditions, such as obtaining citizenship by fraud, showing disloyalty to the Constitution, or being imprisoned in any country for two years within five years of registration or naturalisation.
3. Does India permit dual or multiple citizenships?
No, the Indian Constitution does not permit holding dual or multiple citizenships simultaneously. An Indian citizen automatically loses their Indian citizenship if they voluntarily acquire the citizenship of another country. However, the concept of Overseas Citizenship of India (OCI) exists, which grants certain rights to people of Indian origin who are citizens of other countries, but it is not the same as dual citizenship. They do not get political rights, such as the right to vote. This is different from a Non-Resident Indian (NRI), who is an Indian citizen living abroad.
4. What is the main purpose of the Citizenship (Amendment) Act, 2019?
The main purpose of the Citizenship (Amendment) Act (CAA), 2019, is to amend the Citizenship Act of 1955. It provides a path to Indian citizenship for specific religious minorities—namely Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who fled religious persecution from Afghanistan, Bangladesh, and Pakistan and entered India on or before December 31, 2014. It reduces the residency requirement for naturalisation for these specific groups from eleven years to five years.
5. Is an Aadhar card or Voter ID considered definitive proof of Indian citizenship?
No, this is a common misconception. An Aadhar card is a proof of identity and residence, not citizenship. Similarly, a Voter ID card grants an Indian citizen the right to vote but is not in itself a conclusive document to prove citizenship. Citizenship is determined by the provisions of the Citizenship Act, 1955, and is typically established through documents like a birth certificate showing the place of birth and parents' citizenship, land records, or other official documents that link a person to Indian ancestry as required by law.
6. Why did India's founders choose single citizenship over a dual system like in the USA?
The founders of the Indian Constitution opted for a system of single citizenship to promote a sense of unity, fraternity, and a unified national identity among all Indians, regardless of the state or territory they reside in. After the traumatic partition of India, the priority was to build a strong, united nation and prevent the rise of strong regional loyalties that could potentially undermine national integrity. Unlike the US, where a person is a citizen of both their state and the country, in India, every person is only a citizen of India, ensuring uniform rights and privileges nationwide. This concept is a key aspect of the federal features of the Indian Constitution.
7. How does the concept of 'citizen' differ from 'refugee' or 'stateless person' in India?
The distinction lies in legal status and the rights granted:
- Citizen: A citizen is a full member of the Indian state who owes allegiance to it and enjoys all civil and political rights, including fundamental rights and the right to vote, hold public office, and own property without restriction.
- Refugee: A refugee is a person who has fled their country due to persecution, war, or violence. While India is not a signatory to the 1951 Refugee Convention, it provides protection on humanitarian grounds. Refugees have access to certain fundamental rights (like the Right to Life) but do not have political rights.
- Stateless Person: A stateless person is not considered a citizen by any country. They lack a national identity and the protections that come with it, making them highly vulnerable.
8. How has India's policy on citizenship by birth (jus soli) evolved since 1950?
India's policy on jus soli (right of the soil) has become more restrictive over time. Initially, from 1950 to 1987, anyone born in India was a citizen. After the 1986 amendment to the Citizenship Act, from July 1, 1987, a person born in India was a citizen only if at least one of their parents was an Indian citizen at the time of birth. A further amendment in 2003 stipulated that from December 3, 2004, a person born in India is considered a citizen only if both parents are Indian citizens, or if one parent is an Indian citizen and the other is not an illegal immigrant. This shift reflects a move from pure jus soli to a system incorporating elements of jus sanguinis (right of blood).
