Introduction & Overview
While Articles 5 to 10 of the Constitution determined who were Indian citizens at its commencement (January 26, 1950), Article 11 empowered Parliament to make laws regulating all aspects of citizenship thereafter. In exercise of this power, Parliament enacted the Citizenship Act, 1955.
This Act provides for the acquisition of Indian citizenship after the commencement of the Constitution and also for its termination. It has been amended multiple times (notably in 1986, 1992, 2003, 2005, 2015, and 2019) to respond to evolving socio-political needs and concerns. This section details the various modes of acquiring and losing Indian citizenship as laid down by this crucial piece of legislation.
Source: Broad understanding synthesized from Laxmikanth, 'Indian Polity'; The Citizenship Act, 1955 (as amended); Ministry of Home Affairs (MHA) website on citizenship.
5.3.1: Modes of Acquisition of Indian Citizenship
The Citizenship Act, 1955, prescribes five ways by which a person can acquire Indian citizenship after January 26, 1950:
5.3.1.1: By Birth (Jus Soli – "Right of Soil")
Amendment
Original Provision
A person born in India on or after January 26, 1950, but before July 1, 1987, was a citizen of India by birth irrespective of the nationality of their parents. This was a fairly unrestricted application of jus soli.
Citizenship (Amendment) Act, 1986
Restricted automatic citizenship by birth. A person born in India on or after July 1, 1987, is considered a citizen of India only if either of their parents was a citizen of India at the time of their birth.
Reason for amendment: To curb issues arising from influx of migrants (especially from Bangladesh) whose children born in India were acquiring citizenship automatically.
Citizenship (Amendment) Act, 2003
Further restricted citizenship by birth. A person born in India on or after December 3, 2004, is considered a citizen of India if:
- Both of their 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 their birth.
Illegal Migrant Defined:
As per Section 2(1)(b) of the Citizenship Act, 1955 (as amended), an illegal migrant is a foreigner who has entered India:
- Without a valid passport or other travel documents, OR
- With a valid passport or other travel documents but remains therein beyond the permitted period of time.
Note: Children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.
5.3.1.2: By Descent (Jus Sanguinis – "Right of Blood")
Amendment
Original Provision
A person born outside India on or after January 26, 1950, but before December 10, 1992, was a citizen of India by descent if their father was a citizen of India at the time of their birth.
Citizenship (Amendment) Act, 1992
Made the provision gender-neutral. A person born outside India on or after December 10, 1992, is considered a citizen of India if either of their parents was a citizen of India at the time of their birth.
Citizenship (Amendment) Act, 2003
Further conditions were added:
- Birth has to be registered at an Indian consulate within one year (or with Central Government permission, after one year).
- An undertaking in writing from the parents that the child does not hold the passport of another country.
- Upon attaining full age (18 years), such a child shall cease to be a citizen of India unless they renounce the citizenship or nationality of any other country within six months.
Purpose: To provide for citizenship of children born to Indian citizens abroad.
5.3.1.3: By Registration
The Central Government may, on an application, register as a citizen of India any person (not being an illegal migrant) if they belong to any of the following categories:
- A Person of Indian Origin (PIO) who is ordinarily resident in India for seven years before making the application.
(PIO for this purpose generally means a person, or whose either parent or any grandparent, was born in undivided India or in such other territory which became part of India after August 15, 1947).
- A PIO who is ordinarily resident in any country or place outside undivided India.
- A person who is married to a citizen of India and is ordinarily resident in India for seven years before making the application.
- Minor children of persons who are citizens of India.
- A person of full age and capacity whose parents are registered as citizens of India.
- 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 application.
- A person of full age and capacity who has been registered as an Overseas Citizen of India (OCI) Cardholder for five years, and who has been residing in India for one year before making the application.
Conditions and Procedures:
- The applicant must take an oath of allegiance before being registered.
- The conditions and procedures are prescribed by the government.
- An "illegal migrant" is barred from acquiring citizenship by registration.
5.3.1.4: By Naturalisation
The Central Government may, on an application, grant a certificate of naturalisation to any person (not being an illegal migrant) if they possess the qualifications specified in the Third Schedule of the Citizenship Act, 1955.
Conditions for Naturalisation:
- The person is not a citizen of any country where citizens of India are prevented from becoming citizens by naturalisation.
- If a citizen of any country, they undertake to renounce the citizenship of that country.
- They have either resided in India OR been in the service of the Government of India (or partly one and partly the other) throughout the period of twelve months immediately preceding the date of application.
- During the fourteen years immediately preceding the said twelve months, they have either resided in India OR been in the service of the Government in India for periods amounting in the aggregate to not less than eleven years.
- They are of good character.
- They have an adequate knowledge of a language specified in the Eighth Schedule to the Constitution.
- They intend to reside in India or enter into/continue in service under a Government in India or an international organization, etc., after naturalisation.
Waiver:
The Government of India may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.
The applicant must take an oath of allegiance.
Note on CAA, 2019:
The Citizenship (Amendment) Act, 2019, provides for a relaxed residency requirement (from eleven years to five years) for naturalisation for specific religious minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014. This is a specific exception to the general naturalisation rules for this defined group.
5.3.1.5: By Incorporation of Territory
If any foreign territory becomes a part of India (by acquisition, treaty, etc.), the Government of India, by order, specifies the persons who among the people of that territory shall be citizens of India.
Such persons become citizens of India from the notified date.
Example: When Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, specifying who would become citizens. Similarly for Goa, Daman and Diu.
5.3.2: Modes of Loss of Indian Citizenship
The Citizenship Act, 1955, prescribes three ways by which an Indian citizen (whether a citizen at commencement or subsequent citizen) may lose their citizenship:
5.3.2.1: By Renunciation (Section 8)
- Voluntary Act: Any citizen of India of full age and capacity can make a declaration renouncing their Indian citizenship.
- Upon registration of such declaration, that person ceases to be a citizen of India.
- Minor Children: When a person renounces their Indian citizenship, every minor child of that person also ceases to be an Indian citizen. However, such a child may, within one year after attaining full age (18 years), make a declaration that they wish to resume Indian citizenship.
- Suspension during War: If such a declaration of renunciation is made during any war in which India is engaged, its registration shall be withheld until the Central Government otherwise directs. (To prevent citizens from evading national obligations during wartime).
5.3.2.2: By Termination (Section 9(1))
- This provision operationalizes Article 9 of the Constitution.
- If an Indian citizen voluntarily (knowingly and without duress) acquires the citizenship of another country, their Indian citizenship automatically terminates.
- The Central Government is empowered to make rules to determine the question of voluntary acquisition of citizenship of another country.
- Suspension during War: This provision does not apply during any war in which India is engaged. (An Indian citizen who acquires foreign citizenship during wartime may not immediately lose Indian citizenship if the government withholds recognition of such acquisition for national security reasons).
5.3.2.3: By Deprivation (Section 10)
This involves compulsory termination of Indian citizenship by an order of the Central Government. It applies to citizens who acquired citizenship by naturalisation or by registration (and in some specific cases, even those who are citizens under Article 5(c) or Article 6(b)).
Grounds for Deprivation:
- Obtained citizenship by fraud, false representation, or concealment.
- Shown disloyalty or disaffection towards the Constitution of India.
- During war, unlawfully traded or communicated with an enemy.
- Within five years after registration or naturalisation, been sentenced in any country to imprisonment for not less than two years.
- Ordinarily resident out of India for a continuous period of seven years without maintaining ties (student, Govt. service, or annual consulate registration).
Procedure:
The Central Government must give the person a written notice informing them of the ground for deprivation and an opportunity to have their case inquired into by a committee of inquiry. The government is generally bound by the report of this committee. This ensures a degree of procedural fairness.
3. Prelims-ready Notes
Modes of Acquisition (BRIND)
- By Birth (Jus Soli): Born in India. Conditions tightened by 1986 & 2003 Amendments (Post-Dec 3, 2004: Both parents citizens OR one parent citizen & other not illegal migrant).
- By Descent (Jus Sanguinis): Born outside India. Post-Dec 10, 1992: Either parent citizen. Post-Dec 3, 2004: Birth registration at Indian consulate + no foreign passport for minor + renunciation of other citizenship by adult.
- By Registration: For PIOs, persons married to Indian citizens, minor children of citizens, OCIs (after 5 yrs as OCI & 1 yr residence). Requires ordinary residence for specified period. Oath of allegiance. Not for illegal migrants.
- By Naturalisation: For foreigners. Conditions (Third Schedule): Not citizen of enemy country, renounce other citizenship, residence (1 yr continuous + 11 out of 14 yrs prior), good character, knowledge of 8th Sch language, intent to reside. Oath. Govt can waive conditions for distinguished service. Not for illegal migrants (except CAA 2019 specific relaxation).
- By Incorporation of Territory: Govt specifies who becomes citizen (e.g., Pondicherry, Goa).
Modes of Loss (RTD)
- By Renunciation (Sec 8): Voluntary act. Minor children also lose (can resume within 1 yr of majority). Suspended during war.
- By Termination (Sec 9(1)): Voluntarily acquires foreign citizenship → Indian citizenship automatically ends. (Operationalizes Art 9). Suspended during war.
- By Deprivation (Sec 10): Compulsory termination by Govt. Grounds: fraud, disloyalty, unlawful trade with enemy, imprisonment (2+ yrs within 5 yrs of reg/nat.), 7 yrs continuous residence abroad (with exceptions/registration). Procedural fairness (notice, inquiry).
Quick Revision Table: Citizenship Act, 1955
| Aspect | Details | Key Amendments/Points |
|---|---|---|
| ACQUISITION | ||
| By Birth | Born in India. | Jus Soli. Restricted by Am. 1986 & 2003 (parental citizenship, not illegal migrant). |
| By Descent | Born outside India to Indian parent(s). | Jus Sanguinis. Am. 1992 (gender-neutral), Am. 2003 (registration, no foreign passport). |
| By Registration | PIOs, Spouses of citizens, Minors, OCIs (conditions apply). | Ordinary residence, oath. Not for illegal migrants. |
| By Naturalisation | Foreigners meeting residence, character, language criteria. | 1+11 yrs residence (general). Oath. Not for illegal migrants (except CAA 2019 specific group). |
| By Inc. of Territory | Govt specifies citizens upon territory incorporation. | E.g., Pondicherry, Goa. |
| LOSS | ||
| By Renunciation | Voluntary declaration. | Minors also lose. Suspended during war. |
| By Termination | Voluntarily acquiring foreign citizenship. | Automatic. Suspended during war. (Sec 9(1) operationalizes Art 9 of Constitution). |
| By Deprivation | Compulsory termination by Govt. | Grounds: fraud, disloyalty, enemy trade, imprisonment, long foreign residence. Fair procedure. |
4. Mains-ready Analytical Notes
The shift from a largely unrestricted jus soli principle to a more restrictive one (requiring at least one parent to be an Indian citizen and not an illegal migrant) reflects India's response to concerns about illegal immigration and its demographic/security implications.
This evolution shows how citizenship laws adapt to socio-political realities and national interests, balancing the principle of birthright citizenship with state concerns.
The 1992 amendment making citizenship by descent available if either parent was an Indian citizen (previously only father) was a significant step towards gender equality in citizenship laws, aligning with constitutional principles.
The conditions for naturalisation (long residence, good character, language knowledge, intent to reside) aim to ensure that new citizens are well-integrated and committed to India.
The power of the government to waive conditions for persons with "distinguished service" allows for flexibility in exceptional cases.
The CAA 2019 introduced a specific, controversial relaxation for certain religious minorities from three neighboring countries, leading to debates about whether this violates the principle of non-discrimination in naturalisation.
A recurring theme in the Citizenship Act, especially post-2003 amendment, is the exclusion of "illegal migrants" from acquiring citizenship through birth (for their children born in India under certain conditions), registration, or naturalisation (except under specific provisions like CAA 2019).
This highlights the state's focus on regulating immigration and controlling access to citizenship.
While the grounds for deprivation are specified, the power of the state to compulsorily terminate citizenship is significant.
The requirement for an inquiry and opportunity to be heard provides a procedural safeguard, but concerns about potential misuse for political reasons or against dissenters can arise if not exercised with utmost fairness and adherence to due process.
The various amendments to the Act over the decades mirror shifts in India's policies regarding immigration, diaspora engagement (e.g., introduction of OCI related provisions in registration), national security, and humanitarian concerns.
Citizenship law is thus not static but a dynamic field reflecting the state's evolving priorities.
5. Current Affairs and Recent Developments
Notification of Citizenship Amendment Act (CAA), 2019 Rules (March 11, 2024)
- Most significant development: The Central Government notified the rules for the implementation of the CAA, 2019, paving the way for eligible persons to apply for Indian citizenship.
- CAA Provisions: Provides a path to Indian citizenship for persecuted religious minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian – specifically excluding Muslims) from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014. It relaxes the residency requirement for naturalisation for these groups from 11 years to 5 years.
- Link to Content: Directly relates to Section 6 (Naturalisation) of the Citizenship Act, 1955, by creating specific exceptions and relaxed conditions for a defined category of applicants. Also relevant to the concept of "illegal migrant" as it provides a route for some who might otherwise be considered such.
- Impact & Debates: This has reignited debates about the principles of equality (Article 14), secularism, and the basis for granting citizenship. Petitions challenging the constitutional validity of CAA are pending in the Supreme Court.
Source: MHA Notification, March 11, 2024; The Hindu, Indian Express, PIB
Other Related Developments
- Applications under CAA Rules: Following the notification, the government launched a portal for online applications. The number of applications and their processing will be a continuing current event.
- Discussions on National Register of Citizens (NRC): While a nationwide NRC is not currently being implemented, the experience of Assam NRC and political statements sometimes keep the issue alive. Any future NRC would rely on the framework of the Constitution and the Citizenship Act, 1955, to determine who is a citizen.
- Deprivation of Citizenship Cases (if any significant ones): Individual cases of deprivation of citizenship, if they become prominent, would highlight the application of Section 10 of the Act.
6. UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. Consider the following statements: (UPSC CSE 2018, similar concepts)
- The Citizenship Act, 1955, provides for acquisition of Indian citizenship only by birth and descent.
- A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of India by birth irrespective of the nationality of his parents.
- An Indian citizen automatically loses his/her citizenship if he/she voluntarily acquires the citizenship of another country.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 3 only
- (d) 1, 2 and 3
Explanation:
- 1. Incorrect. The Act provides for 5 modes (Birth, Descent, Registration, Naturalisation, Incorporation of Territory).
- 2. Correct. This was the provision for citizenship by birth before the 1986 amendment.
- 3. Correct. This is as per Section 9(1) of the Citizenship Act, 1955 (and Article 9 of Constitution).
2. Under the Citizenship Act, 1955, by which of the following ways can a person become a citizen of India? (UPSC CSE 2010, adapted)
- By birth
- By descent
- By naturalisation
- By incorporation of territory
Select the correct answer using the codes given below:
- (a) 1, 2, 3 and 4
- (b) 1 and 2 only
- (c) 1, 2 and 3 only
- (d) 3 and 4 only
Explanation: The Citizenship Act, 1955, provides for all these five modes (including By Registration, which is not listed here but the question asks which of the following ways). All four listed are valid modes.
3. The provision for compulsory termination of Indian citizenship by the Central Government is known as: (Conceptual)
- (a) Renunciation
- (b) Termination
- (c) Deprivation
- (d) Naturalisation
Explanation: Deprivation (Section 10) is the mode by which the Central Government compulsorily terminates citizenship on specified grounds. Renunciation is voluntary by citizen. Termination is automatic on acquiring foreign citizenship. Naturalisation is a mode of acquisition.
Mains Questions
1. What are the various modes of acquiring Indian citizenship as per the Citizenship Act, 1955, after the commencement of the Constitution? Discuss the significant amendments made to the provisions regarding citizenship by birth and descent.
Direction/Value Points:
- Introduction: Mention Article 11 and enactment of Citizenship Act, 1955.
- Modes of Acquisition (Post-Commencement): Briefly explain all five: Birth (Jus Soli), Descent (Jus Sanguinis), Registration, Naturalisation, Incorporation of Territory.
- Amendments to Citizenship by Birth: Original provision (unrestricted jus soli pre-1987), 1986 Amendment (either parent citizen), 2003 Amendment (both parents citizens OR one citizen & other not illegal migrant). Explain rationale (curb illegal immigration impact).
- Amendments to Citizenship by Descent: Original provision (father Indian citizen pre-1992), 1992 Amendment (either parent citizen – gender neutrality), 2003 Amendment (registration of birth abroad, no foreign passport for minor).
- Conclusion: The Act provides a comprehensive framework for post-commencement citizenship, with amendments reflecting evolving national concerns and principles like gender equality.
2. Discuss the grounds on which an Indian citizen can lose their citizenship under the Citizenship Act, 1955. Do you think the grounds for deprivation of citizenship are justified and provide adequate safeguards against arbitrary action?
Direction/Value Points:
- Introduction: Citizenship is valuable; loss is serious. Act provides for loss.
- Modes of Loss: Renunciation (Sec 8), Termination (Sec 9), Deprivation (Sec 10). Explain each. Detail the grounds for Deprivation.
- Justification for Deprivation Grounds: Fraud, disloyalty/enemy trade, imprisonment, long foreign residence.
- Safeguards against Arbitrary Action (for Deprivation): Written notice, opportunity for inquiry by Committee, Govt generally bound by report, judicial review possibility.
- Critical Evaluation of Safeguards: Are they truly adequate? Potential for misuse? Balance between state security and individual rights.
- Conclusion: The grounds for deprivation aim to protect national interest. While procedural safeguards exist, their effective and fair implementation is crucial to prevent arbitrariness.
3. The Citizenship (Amendment) Act, 2019 (CAA) has been a subject of intense debate regarding its constitutional validity and its impact on the secular fabric of India. Critically analyze the provisions of CAA, 2019, in the context of the principles enshrined in the Constitution and the Citizenship Act, 1955.
Direction/Value Points:
- Introduction: Briefly state the purpose of CAA, 2019.
- Key Provisions of CAA, 2019: Specific religious minorities from 3 countries, exclusion of Muslims, deemed not "illegal migrants", reduced residency, exemptions for tribal/ILP areas.
- Arguments in Favour / Government's Rationale: Humanitarian, historical injustices, reasonable classification.
- Criticisms / Concerns: Violation of Article 14 (discrimination based on religion), impact on Secularism, contradiction with "Illegal Migrant" definition, potential for arbitrary determination, linkage with NRC.
- Context of Citizenship Act, 1955: CAA amends provisions related to "illegal migrant" and naturalisation.
- Supreme Court's Role: Petitions challenging CAA are pending.
- Conclusion: CAA, 2019, represents a significant shift by introducing religious criteria. It has raised profound constitutional questions regarding equality, secularism, awaiting judicial determination.
7. Trend Analysis (Past 10 Years)
Prelims Trends
- Focus on modes of acquisition and loss under the Citizenship Act, 1955.
- Key amendments to the Act (especially regarding birth, descent, and CAA 2019) and their implications.
- Understanding of terms like "illegal migrant."
- Conditions for registration and naturalisation.
- Questions are often direct and test factual knowledge of the Act's provisions.
Mains Trends
- Analytical questions on the evolution of citizenship law in India.
- Critical evaluation of amendments, particularly the Citizenship Amendment Act, 2019 – its rationale, provisions, criticisms, and constitutional implications.
- Discussion on the balance between national interest/security and humanitarian concerns in citizenship policies.
- Comparison of different modes of acquisition/loss.
- Questions linking the Citizenship Act to constitutional provisions (Art 9, 11, 14).
8. Original MCQs for Prelims
1. As per the Citizenship (Amendment) Act, 2003, for a person born in India on or after December 3, 2004, to be a citizen of India by birth:
- (a) Only one of their parents needs to be an Indian citizen, irrespective of the other parent's status.
- (b) Both parents must be Indian citizens, or one parent must be an Indian citizen and the other not an illegal migrant.
- (c) They automatically become a citizen if born within Indian territory, regardless of parental citizenship.
- (d) They must reside in India for seven continuous years after birth.
Explanation: The 2003 amendment significantly restricted citizenship by birth, requiring that for those born on or after Dec 3, 2004, either both parents are citizens of India, or one parent is a citizen and the other is not an illegal migrant at the time of birth.
2. Which mode of losing Indian citizenship under the Citizenship Act, 1955, involves a voluntary act by a citizen of full age and capacity to give up their Indian citizenship?
- (a) Termination
- (b) Deprivation
- (c) Renunciation
- (d) Cancellation
Explanation: Renunciation (Section 8) is the voluntary act by an Indian citizen to give up their citizenship by making a declaration to that effect.
3. The Citizenship (Amendment) Act, 2019, primarily makes changes to which mode of acquiring Indian citizenship under the Citizenship Act, 1955, for certain specified communities from Pakistan, Bangladesh, and Afghanistan?
- (a) By Birth
- (b) By Descent
- (c) By Registration
- (d) By Naturalisation
Explanation: The CAA, 2019, amends the provisions related to acquiring citizenship by naturalisation by reducing the aggregate period of residence from eleven years to five years for specific religious minorities from the three named countries who entered India by Dec 31, 2014. It also deems them not to be "illegal migrants" for the purpose of this specific pathway.
9. Original Descriptive Questions for Mains
1. "The Citizenship Act, 1955, has evolved significantly through various amendments, reflecting India's changing perspectives on immigration, national identity, and diaspora engagement." Discuss this evolution with a focus on the provisions for citizenship by birth and the introduction of the OCI scheme.
Key Points/Structure for Answering:
- Introduction: Citizenship Act as a dynamic law under Article 11.
- Evolution of Citizenship by Birth (Jus Soli): Initial liberal approach (pre-1987), 1986 Amendment (one parent citizen), 2003 Amendment (both parents citizens or one citizen & other not illegal migrant) – response to immigration concerns.
- Diaspora Engagement & OCI Scheme: Initial strictness (Article 9 – no dual citizenship), growing recognition of Indian diaspora's importance, L.M. Singhvi Committee recommendations, Introduction of PIO card, then OCI card scheme through amendments to Citizenship Act (linking to 'By Registration' for OCIs wanting full citizenship after meeting conditions). Explain OCI is not dual citizenship but offers visa-free travel, economic/educational rights. How this reflects a pragmatic approach.
- Other relevant amendments: Briefly if time permits (e.g., Gender neutrality in descent).
- Conclusion: The amendments demonstrate its evolution from a post-partition framework to one that grapples with contemporary issues, maintaining core constitutional principles.
2. Critically evaluate the grounds for 'Deprivation' of citizenship under Section 10 of the Citizenship Act, 1955. How do the procedural safeguards provided attempt to balance state security interests with the rights of the individual?
Key Points/Structure for Answering:
- Introduction: Explain deprivation as a serious, compulsory termination of citizenship.
- Grounds for Deprivation (Section 10): List and briefly explain each: fraud, disloyalty to Constitution, unlawful trade/communication with enemy, imprisonment (2+ yrs within 5 yrs of reg/nat.), 7 yrs continuous foreign residence without intent/registration.
- State Security Interests Served: Undermines integrity, national security, unsuitability for citizenship, lack of allegiance.
- Procedural Safeguards: Written notice, opportunity for inquiry by Committee, Govt guided by report, implicit judicial review.
- Critical Evaluation of Balance: Strengths of Safeguards (due process, prevents arbitrary action). Potential Weaknesses/Concerns (vagueness, effectiveness of inquiry, scope of judicial review, executive power).
- Conclusion: Grounds aimed at state interests. While safeguards exist, robust and impartial application is essential to balance national security with fundamental rights and natural justice.