Citizenship in India: Constitutional Provisions and the Citizenship Act
Citizenship decides who is a member of the Indian State and who can enjoy the full set of rights, including the right to vote and to hold constitutional office. The Constitution lays down the basic rules in Part II, while the Citizenship Act of 1955 provides the detailed machinery for acquiring and losing citizenship. This topic collects the articles, the modes and the amendments that examiners ask about most.
Introduction and Background
Part II of the Constitution, comprising Articles 5 to 11, deals with citizenship. India follows the principle of single citizenship, which was borrowed from the British Constitution. Unlike the United States, where a person is a citizen both of the country and of a state, in India there is only one Indian citizenship, and every citizen enjoys the same rights throughout the country. The Constitution only identifies who were citizens at the commencement of the Constitution on 26 January 1950; the power to make further laws on citizenship was given to Parliament under Article 11.
Constitutional Provisions on Citizenship
- Article 5: citizenship at the commencement of the Constitution, that is, on 26 January 1950.
- Articles 6 and 7: citizenship of migrants to India from Pakistan and of certain migrants to Pakistan.
- Article 8: citizenship of persons of Indian origin residing outside India who register with the Indian diplomatic mission.
- Article 9: a person who has voluntarily acquired the citizenship of a foreign state shall not be a citizen of India.
- Article 10: continuance of the rights of citizenship, subject to the provisions of any law made by Parliament.
- Article 11: Parliament may regulate the right of citizenship by law; this power led to the Citizenship Act of 1955.
Acquisition and Loss of Citizenship under the Act of 1955
The Citizenship Act, 1955 provides five ways of acquiring citizenship: by birth, by descent, by registration, by naturalisation and by incorporation of territory. Citizenship may be lost in three ways: renunciation (when a person voluntarily gives it up), termination (when a person voluntarily acquires the citizenship of another country) and deprivation (when the government compulsorily cancels citizenship on specified grounds).
The rules of citizenship by birth have been made stricter over time. Under the 1986 amendment, for a person born on or after 1 July 1987, at least one parent had to be an Indian citizen. Under the 2003 amendment, for a person born on or after 3 December 2004, both parents must be citizens of India, or one parent must be a citizen and the other must not be an illegal migrant.
Overseas Citizen of India and the Amendment of 2019
The Overseas Citizen of India (OCI) scheme was introduced in 2005. An OCI is not full citizenship: an OCI card holder cannot vote, cannot hold constitutional posts such as that of the President or a judge, and does not enjoy the same political rights as a citizen. The OCI scheme is meant to give persons of Indian origin who hold foreign nationality a long-term visa and certain economic and educational benefits.
The Citizenship (Amendment) Act, 2019 grants citizenship to persecuted religious minorities from six communities, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who migrated from Pakistan, Bangladesh and Afghanistan. The cut-off date fixed by the Act is 31 December 2014. In Assam, the Assam Accord of 1985 fixed 25 March 1971 as the cut-off date for the detection and deportation of foreigners, and the National Register of Citizens (NRC) in Assam was updated under the supervision of the Supreme Court of India.
Why This Topic Matters for Exams
Citizenship is important both for general polity questions and for Assam-specific questions. ADRE, APSC, Assam Police and other examinations ask which Part and Articles deal with citizenship, the modes of acquiring and losing citizenship, the year of an amendment, the meaning of OCI and the cut-off dates of the Citizenship (Amendment) Act, 2019 and the Assam Accord. Because Assam has its own citizenship history linked to the NRC, candidates should prepare this topic with special care.
How to Prepare This Topic
- Learn Articles 5 to 11 and the exact subject of each article.
- Memorise the five modes of acquisition and the three modes of loss of citizenship.
- Remember the amendment years: 1986, 2003 and the Citizenship (Amendment) Act, 2019.
- Understand that OCI is not full citizenship and note what an OCI holder cannot do.
- Revise the Assam-specific dates: 25 March 1971 and the role of the Supreme Court in the NRC.
- Practise the twenty-five questions on this page twice.
Common Exam Traps
- Citizenship is dealt with in Part II (Articles 5 to 11), not in the Fundamental Rights chapter.
- India provides single citizenship, borrowed from the British Constitution.
- Article 9 deals with voluntarily acquired foreign citizenship; Article 8 deals with persons of Indian origin abroad.
- OCI is not dual citizenship; an OCI holder cannot vote or hold constitutional office.
- The Assam Accord cut-off date is 25 March 1971, while the CAA 2019 cut-off is 31 December 2014.
Frequently Asked Questions
What is meant by single citizenship in India?
Single citizenship means that a person is only a citizen of India and not separately a citizen of any state. This principle was borrowed from the British Constitution. Because of single citizenship, every Indian citizen enjoys the same fundamental rights and the same protection throughout the country, though some special provisions exist for certain states and regions under Articles 371 and 371A to 371J and the Sixth Schedule.
What are the ways of acquiring Indian citizenship?
Under the Citizenship Act of 1955, citizenship can be acquired in five ways: by birth, by descent, by registration, by naturalisation and by incorporation of territory. Birth and descent depend on parentage, registration is available to persons of Indian origin and to spouses of citizens, naturalisation is granted to foreigners who fulfil residence and other conditions, and incorporation of territory applies when a new territory becomes part of India.
Is an Overseas Citizen of India a citizen of India?
No. An Overseas Citizen of India (OCI) card holder is not a citizen of India. The OCI scheme, introduced in 2005, gives persons of Indian origin who hold foreign citizenship a long-term visa and certain rights, but OCIs cannot vote, cannot contest elections and cannot hold constitutional posts such as that of the President, Vice-President, a judge of the Supreme Court or High Court, or a member of Parliament or a state legislature.
Who is covered by the Citizenship (Amendment) Act, 2019?
The Citizenship (Amendment) Act, 2019 covers persecuted religious minorities belonging to six communities, namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians, who migrated to India on or before 31 December 2014 from Pakistan, Bangladesh and Afghanistan. It provides them with eligibility for citizenship subject to the conditions laid down in the Act and the rules framed under it.
What is the importance of 25 March 1971 in Assam?
The Assam Accord of 1985 fixed 25 March 1971 as the cut-off date for the detection and deportation of foreigners in Assam. Persons who came to Assam before that date were to be treated in accordance with the Accord, while those who came after it were to be detected and deported. The National Register of Citizens in Assam was later updated under the supervision of the Supreme Court of India to give effect to this cut-off date.