Citizenship-

• In simple terms a citizen of any nation is a person who lives in that particular place since specific time and enjoy all civil and political rights and follow the rules and regulation of that nation.

• Part II of the Constitution of India and Articles 5 to 11 deals with the Citizenship of India.

• Our constitution does not provides permanent and holistic provisions with respect to citizenship

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 –

(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India

Article 6: This provides for citizenship rights of migrants from Pakistan before the commencement of the Constitution.

It states that following person is regarded as citizen of India in case of migration-

(a)If he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted)

(b)If –

Case – 1 -person who has migrated before the nineteenth day of July, 1948 –

• In this case that person in regarded as citizen if he has been ordinarily resident in the territory of India since the date of his migration.

Case-2 -where such person has so migrated on or after the nineteenth day of July, 1948

• In this case that person in regarded as citizen 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 therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government.

• Provide that he has been resident in the territory of India for at least six months immediately preceding the date of his application.

Article 7: Rights of citizenship of certain migrants to Pakistan

Case- 1-A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement

• In this case he could become a citizen of India only if 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.

Case 2-

• The person migrating from Pakistan to India, after January 26, 1950.

• In those scenario provisions of the Citizenship Act, 1955 are applicable

Article 8: Rights of citizenship of certain persons of Indian origin residing outside India

• 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: Persons voluntarily acquiring citizenship of a foreign State not to be citizens

• This provides that if a person voluntarily acquired the citizenship of another country, he shall forfeit the right of the citizenship of India.

• The above clause is applicable to cases arising before the commencement of the Indian Constitution.

• Such type of cases arising after the commencement of the Constitution shall be dealt by the Citizenship Act, 1955

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-

• It provides power to the parliament to make laws with respect to acquisition and termination of citizenship and all other matters relating to citizenship.

The Citizenship Act, 1955-

• The Parliament of India enacted The Citizenship Act on December 30, 1955. The Act lays down rules for the ‘acquisition and termination’ of Indian citizenship.

Acquisition of citizenship-

It can be acquired through following methods-

1.By birth-

Person can be considered as citizen of India if-

• Person is born on or after the 26th January, 1950, but before the 1st July, 1987.

• Person born on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth

• Person born on or after the commencement of the Citizenship (Amendment) Act, 2003, where both of his parents are citizens of India; or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth

Who cannot become citizen under this provision?

• The children of foreign diplomats posted in India and children born from enemy aliens.

2.Citizenship by descent-

• A person born outside India on or after January 26, 1950 but before December 10, 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.

• A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

• A person born outside India on December 3, 2004 onwards shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

• An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

• A minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age.

3.Citizenship by registration-

Following persons can acquire citizenship by registration-

(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;

(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

(d) minor children of persons who are citizens of India;

(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;

(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration

(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years

For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if—

(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and

(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.

4.Citizenship by Naturalisation-

The Central Government may grant a certificate of naturalisation to any person (not being an illegal migrant) if he possesses the following qualifications:

• He is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation;

• He undertakes to renounce the citizenship of other country in the event of his application for Indian citizenship being accepted;

• He has either resided in India or been in the service of a GoI or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application.

• During the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a GoI, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years.

• He is of good character.

• He has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution.

• In the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a GoI or under an international organisation of which India is a member or under a society, company or body of persons established in India.

5.Citizenship by incorporation of territory.—

• If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory; and

• Those persons shall be citizens of India as from the date to be specified in the order.

Loss of citizenship-

1.Renunciation of citizenship-

• If any citizen of India of full age and capacity makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registra­tion, that person shall cease to be a citizen of India

Some points--

• Government can withhold his renunciation of it is done during war in the country.

• When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship and when such child attains 18 year then he nay apply to resume indian citizenship.

2.By Termination-

• When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically.

• If such citizenship is acquired during war  in which India may be engaged, then it is not considered as termination

3.By Deprivation-

Centeral government can take away the citizenship of person if -

The citizen has obtained the citizenship by fraud:

• The citizen has shown disloyalty to the Constitution of India.

• The citizen has unlawfully traded or communicated with the enemy during a war.

• The citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years.
• The citizen has been ordinarily resident out of India for seven years continuously.

Overseas citizens of India-

• It is an immigration status authorising a foreign citizen of Indian origin to live and work in India for an indefinite period.

• OCI Scheme was introduced by amending the Citizenship Act, 1955 in August 2005

Who can become OCI -

(a)any person of full age and capacity,—

(i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution; or

(ii)who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or

(iii) who is citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or

(iv) who is a child or a grand-child of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause (a):

Person, who is or had been a citizen of Pakistan, Bangladesh is not eligible for OCI of India-

Benefits of becoming OCI-

(a) grant of multiple entry lifelong visa for visiting India for any purpose;

(b) exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and

(c) parity with Non-Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.

It also include parity with non-resident Indian in respect of,—

(A) entry fees to be charged for visiting the national monuments, historical sites and museums in India;

(B) pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:—

(i) doctors, dentists, nurses and pharmacists;

(ii) advocates;

(iii) architects;

(iv) chartered accountants;

They have also benefit to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts.

Following rights are not given to OCI-

(a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President:

(c) under article 66 of the Constitution for election of Vice-President;

(d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of the High Court;

(f) To register as a voter in India

(g) to become eligibile for being a member of the House of the People or of the Council of States, as the case may be;

(h) to become eligibile for being a member of the Legislative Assembly or a Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may by special order in that behalf specify.

Can OCI become citizen of India?

• Yes He/she may be granted Indian citizenship after 5 years from date of registration provided he/she stays for one year in India before making application.

Person of Indian Origin-

• Person of Indian Origin (PIO) refers to a foreign citizen who held an Indian Passport at any point in time or whose parents/grandparents/great grandparents were citizens of India .

• They are registered under the Ministry of Home Affairs’ scheme dated 19-08-2002.

Who is eligible for Person of Indian origin (PIO) card ?

(i) the person at any time held an Indian passport; or

(ii) the person or either of his/her parents or grandparents or great grandparents was born in, and was permanently resident in India, provided further that neither was at any time a citizen of any of the aforesaid excluded countries; or

(iii) the person is the spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above

Who is ineligible for Person of Indian origin (PIO) card ?

• Citizens of Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, Iran, China and Nepal.

Benefits to a PIO Card holder-

The PIO cardholders is entitled to the following benefits:

• A multiple entry, multi –purpose visa for visiting India. PIO Card itself is treated as a Visa.

• No separate Student/ Employment/ Business visa will be required for admission in colleges/intuitions or taking up employment, business, etc in India.

• Special counters for speedy immigration clearance at designated Immigration check posts.

• Exemption from registration with local police authorities for continuous stay upto 180 days in India.

• Exemption from registration with local police authorities for miners upto 16 years of age.

• Parity with Non-resident Indians (NRIs) in economic, financial and educations fields except for acquisition of agricultural land or plantations.

• PIO Card can be used as identity proof for applying for a (I) PAN card, (II) driving license and (III) opening of Ban account in India, if the PIO card holder resides in India.

Some Restrictions on PIO card holder-

• PIO Card holder cannot visit protected or restricted area.

• They cannot take any missionary work, mountaineering and research work, without the prior permission of the Government of India.

• PIO Card holders do not have voting rights in India.

Can PIO become citizen of India?

• Yes He/she has to reside in India for minimum 7 years before making application for granting Indian citizenship

Non-Resident Indian (NRI)-

• A NRI is an Indian who is a resident in a foreign country.

• NRIs enjoy voting rights in India and are eligible for public offices.

• They need not to take permission visit restricted places in India

Citizenship Amendment Act (CAA) 2019-

• The amendment provides that illegal migrants who fulfil four conditions will not be treated as illegal migrants under the Act.

The conditions are: –

They belongs to following 6 communities –

• Hindus, Sikhs, Buddhists, Jains, Parsis or Christians

They are from following countries-

• Afghanistan, Bangladesh or Pakistan

Date of Entry-

• They entered India on or before December 31, 2014

Tribal areas-

• They are not in certain tribal areas included in Sixth Schedule to the Constitution ( Assam, Meghalaya, Mizoram, or Tripura) or areas under the “Inner Line” permit

Period of Naturalization-

• The period of naturalization has been reduced from 11 years to 5 years for above category of migrants.