Introduction
Citizenship is the legal status denoting the relationship between an individual and a state, bestowing upon the individual certain rights, duties, and privileges, while simultaneously subjecting them to the state's laws. Part II of the Indian Constitution (Articles 5-11) lays down the framework for citizenship at the commencement of the Constitution and grants Parliament the power to regulate citizenship matters.
Post-independence, India adopted a system of single citizenship, promoting national unity. The Citizenship Act, 1955, and its subsequent amendments, including the contentious Citizenship Amendment Act (CAA), 2019, govern the acquisition and loss of Indian citizenship, sparking significant contemporary debates.
Meaning & Significance of Citizenship
Meaning
Citizenship denotes full and active membership in a political community. It implies a sense of belonging and a set of rights and obligations.
Political Rights
Citizens alone enjoy political rights (e.g., right to vote, right to hold public office - President, VP, Governor, Judge of SC/HC).
Fundamental Rights
Certain fundamental rights are available only to citizens (e.g., Art 15, 16, 19, 29, 30).
Duties & Allegiance
Citizens owe allegiance to the state and are obliged to perform certain duties (e.g., defending the country, paying taxes, obeying laws).
Distinction
It distinguishes citizens from aliens (foreigners) who do not enjoy all rights and are subject to restrictions.
Sources
M. Laxmikanth, 'Citizenship'; NCERT Class XI, 'Indian Constitution at Work'.
Constitutional Provisions (Articles 5-11)
Articles 5 to 8 define categories for Indian citizenship at the Constitution's commencement (Jan 26, 1950), while Articles 9-11 establish ongoing principles.
Article 5: Citizenship by Domicile
A person with domicile in India and one of these conditions: born in India, either parent born in India, OR ordinarily resident for 5+ years immediately preceding commencement.
Source: The Constitution of India, Part II, Article 5.Article 6: Migrants from Pakistan
For persons who migrated to India from Pakistan due to partition, if born in undivided India (self/parents/grandparents). Conditions vary based on migration date (pre/post July 19, 1948).
Source: The Constitution of India, Part II, Article 6.Article 7: Migrants to Pakistan, then Returned
For persons who migrated from India to Pakistan after March 1, 1947, but later returned to India for resettlement under a permit. Required 6 months residence before application for registration.
Source: The Constitution of India, Part II, Article 7.Article 8: Persons of Indian Origin Outside India
For persons residing outside India who, or whose parents/grandparents, were born in undivided India. Became citizens if registered by diplomatic/consular representative.
Source: The Constitution of India, Part II, Article 8.Article 9: No Dual Citizenship
Any person who has voluntarily acquired citizenship of a foreign state shall not be a citizen of India. Enforces single citizenship.
Source: The Constitution of India, Part II, Article 9.Article 10: Continuance of Citizenship Rights
Every person who is a citizen under preceding provisions shall continue to be so, subject to any law made by Parliament. Ensures continuity.
Source: The Constitution of India, Part II, Article 10.Article 11: Parliament's Power to Regulate
Empowers Parliament to make laws regarding the acquisition and termination of citizenship and all related matters. Basis for Citizenship Act, 1955.
Source: The Constitution of India, Part II, Article 11.The Citizenship Act, 1955
This Act provides for the acquisition and loss of Indian citizenship after the commencement of the Constitution, having been amended multiple times (1986, 2003, 2005, 2015, 2019).
Acquisition of Citizenship
Original Act (1955): Unconditional Jus Soli (born in India after 26th Jan 1950).
Amendment of 1986: Born after 1st July 1987, only if either parent is a citizen.
Amendment of 2003 (effective 2004): Born after 3rd Dec 2004, only if both parents are citizens OR one is citizen and other is NOT an illegal migrant.
Current Provision: Prevents children of illegal migrants from gaining citizenship automatically.
Original Act (1955): Born outside India (26th Jan 1950 - 10th Dec 1992), if father was a citizen.
Amendment of 1992: Born after 10th Dec 1992, if either parent was a citizen (gender-neutral).
Amendment of 2003 (effective 2004): Born after 3rd Dec 2004, only if birth is registered at Indian consulate within 1 year. Parents must declare minor holds no foreign passport.
Current Provision: Aims to prevent dual citizenship and ensure conscious choice for Indian citizenship.
Central Government may register a person under specific categories (e.g., Person of Indian origin ordinarily resident for 7 years, person married to Indian citizen for 7 years, minor children of Indian citizens, OCI cardholders for 5 years with 12 months residence).
Requires fulfilling prescribed conditions like good character, oath of allegiance.
A foreigner (not an illegal migrant) can acquire citizenship if fulfilling certain conditions (e.g., 12 years of ordinary residence, good character, adequate language knowledge). Government has discretion to waive conditions for distinguished service.
If any foreign territory becomes part of India, GoI specifies persons who become citizens (e.g., Puducherry, Goa).
Loss of Citizenship
Any adult citizen can voluntarily renounce Indian citizenship by declaration. Minor child also loses citizenship, but can resume at 18. Registration may be withheld during war.
Indian citizenship automatically terminated if a citizen voluntarily acquires citizenship of another country. Enforces single citizenship (Article 9).
Compulsory termination by Central Government for citizens acquired by registration or naturalisation (not by birth or descent).
Grounds: Obtained by fraud, disloyalty to Constitution, unlawful trade/communication with enemy during war, imprisoned for 2+ years within 5 years of registration, ordinarily resident out of India for 7 years continuously.
Single Citizenship & OCI Scheme
Concept of Single Citizenship
India adopted a system of single citizenship, unlike federations like the USA, where there is both national and state citizenship.
Rationale:
- Promotes National Unity: Counters regionalism, fosters shared identity.
- Simplicity & Uniformity: Avoids complexities of dual citizenship and differing state rights.
- Equality: Ensures all citizens enjoy same rights and duties throughout the country.
Implications:
- No state citizenship: Only citizenship of the Indian Union.
- Uniform rights: All citizens generally have uniform rights across India (with few exceptions).
Overseas Citizenship of India (OCI) Scheme
Introduced following L.M. Singhvi Committee (2000) recommendations to benefit Persons of Indian Origin (PIOs) without full citizenship.
- PIO Card Scheme (2002): Benefits for PIOs.
- OCI Card Scheme (2005): More benefits than PIO.
- Merger (2015): PIO cards merged with OCI cards.
Eligibility:
Persons of Indian origin (e.g., who was Indian citizen on or after 26th Jan 1950, or child/grandchild/great-grandchild of such a person), or spouse of an Indian citizen/OCI cardholder (marriage subsisted for 2+ years). Exceptions: Cannot be a citizen of Pakistan or Bangladesh.
Rights (Benefits):
- Multiple entry, multi-purpose lifelong visa.
- Exemption from FRRO registration for any stay.
- Parity with NRIs in financial, economic, educational fields (except agri/plantation property).
- Parity with Indian nationals for entry fees (national parks, etc.).
- Update (March 2021): Parity with Indian nationals for professional exams, adoption.
Restrictions (No Parity with Indian Citizens):
- Cannot vote.
- Cannot hold constitutional offices (President, VP, Judge of SC/HC).
- Cannot be MP/MLA/MLC.
- Cannot hold public employment (govt. jobs).
- Cannot acquire agricultural or plantation property.
- Requires special permit for missionary, journalistic, mountaineering, or protected area visits.
Comparison: NRI, PIO (Pre-2015), OCI Cardholder
| Feature | Non-Resident Indian (NRI) | Person of Indian Origin (PIO) (Pre-2015) | Overseas Citizen of India (OCI) Cardholder (Current) |
|---|---|---|---|
| Citizenship | Indian Citizen (residing abroad temporarily) | Foreign citizen (of Indian origin) | Foreign citizen (of Indian origin) |
| Passport | Indian Passport | Foreign Passport | Foreign Passport |
| Visa for India | Not required (Indian citizen) | Required (PIO Card granted visa-free entry for 15 years) | Not required (Lifelong visa) |
| Voting Rights | Yes (if registered) | No | No |
| Property (Agri/Plantation) | Can acquire | Cannot acquire | Cannot acquire |
| Eligibility for Public Office | Yes | No | No |
Contemporary Issues & Debates
Citizenship Amendment Act (CAA), 2019
Provisions:
- Amends Citizenship Act, 1955.
- Grants citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Pakistan, Bangladesh, Afghanistan.
- Cut-off date: Entered India on or before December 31, 2014.
- Reduces naturalisation residency from 11 to 5 years for these groups.
Rationale (Government's Stand):
- Humanitarian gesture for religiously persecuted minorities in Muslim-majority countries.
- Not for Indian citizens, but for foreigners.
- Reasonable classification, does not violate Article 14.
Criticisms:
- Discriminatory (Violates Secularism & Art 14): Excludes Muslims, links citizenship to religion.
- Against 'Basic Structure': Alleged to violate secular basic structure.
- Threat to Assam Accord: Undermines 1971 cut-off date.
- No clear definition of 'persecution'.
Current Status: Rules notified March 2024; Supreme Court challenges ongoing.
National Register of Citizens (NRC)
A register containing details of all Indian citizens, purposed to identify illegal migrants.
Assam NRC:
- Unique to Assam due to historical migration from Bangladesh. Mandated by Supreme Court (Assam Accord, 1985; cut-off March 24, 1971).
- Process: Residents prove citizenship with documents pre-1971.
- Outcome (2019 final list): Over 19 lakh people excluded, raising concerns about statelessness.
Proposed Nationwide NRC:
- Government intent to conduct nationwide NRC.
- Concerns: Massive exercise, potential for large-scale statelessness, burden of proof on individuals, implications for vulnerable groups.
Statelessness & Refugees
Statelessness: A person not considered as a national by any state under its law (UN Convention, 1954). E.g., Many excluded from Assam NRC, Chakma-Hajong refugees.
Refugees: Persons fleeing their country due to fear of persecution. India is NOT a signatory to 1951 UN Refugee Convention or its 1967 Protocol, lacking a comprehensive national refugee law.
- Examples: Rohingya refugees (unrecognized by India), Tibetan refugees (recognized under specific policies), Sri Lankan Tamil refugees.
- Challenges: Lack of clear legal status, risk of deportation, limited access to rights, humanitarian concerns.
Conclusion & Significance
Citizenship, as enshrined in the Indian Constitution and governed by the Citizenship Act, 1955, is a dynamic and evolving concept. While aiming to consolidate national unity through single citizenship, it continues to grapple with complex issues of migration, identity, and human rights.
The recent amendments, particularly the CAA and the prospect of a nationwide NRC, have brought the fundamental principles of citizenship – inclusivity, equality, and the very definition of who is an 'Indian' – to the forefront of national discourse, necessitating a continuous engagement with its constitutional underpinnings and contemporary implications.
Study Aids & Practice
Prelims-ready Notes
- Part II of Constitution: Articles 5-11.
- Article 5: Citizenship by Domicile (birth in India OR parent born in India OR 5 years ordinary residence).
- Article 6: Migrants from Pakistan (before/after July 19, 1948).
- Article 7: Migrants to Pakistan, then returned (after March 1, 1947, return under permit).
- Article 8: Indian origin persons abroad (registered by consulate).
- Article 9: No dual citizenship; voluntarily acquiring foreign citizenship terminates Indian citizenship.
- Article 10: Continuance of citizenship (subject to Parliament law).
- Article 11: Parliament's power to legislate on citizenship.
- Citizenship Act, 1955 (Parliamentary Law):
- Acquisition (5 ways): By Birth (Amended: Post-2004, both parents or one citizen + other NOT illegal migrant), By Descent (Amended: Post-2004, birth registered at consulate), By Registration (7 years residence), By Naturalisation (12 years residence), By Incorporation of Territory.
- Loss (3 ways): Renunciation (Voluntary), Termination (Voluntary foreign citizenship), Deprivation (Compulsory, for Registered/Naturalized citizens on grounds like fraud, disloyalty).
- Single Citizenship in India: Promotes unity, uniformity. No state citizenship.
- Overseas Citizenship of India (OCI):
- L.M. Singhvi Committee (2000) recommendation. PIO merged with OCI (2015).
- Eligibility: Indian origin (not Pakistan/Bangladesh).
- Rights: Lifelong visa, no FRRO, parity with NRIs (except agri/plantation), parity with citizens for professional exams/adoption (from March 2021).
- Restrictions: No vote, no public office, no agri/plantation property, special permit for specific activities.
- CAA, 2019: Provisions: Citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Pakistan, Bangladesh, Afghanistan, entered before Dec 31, 2014. Residency for naturalisation reduced to 5 years. Status: Rules notified March 2024. SC challenges ongoing.
- NRC: Assam NRC (cut-off March 24, 1971, over 19 lakh excluded). Nationwide NRC (Proposed) - concerns about statelessness.
- Statelessness/Refugees: India not signatory to 1951 UN Refugee Convention.
Mains-ready Analytical Notes
- Inclusivity vs. Exclusivity in Citizenship Law: Shift from inclusive 'jus soli' to restrictive 'jus sanguinis' (post-1986, 2003 amendments) to curb illegal migration. CAA, 2019, introduces religion, raising secularism/Art 14 questions.
- Constitutional Morality and Citizenship: CAA debates on granting citizenship based on religious identity, even if humanitarian, and its alignment with secular spirit.
- Federalism and Citizenship: Union subject, but implementation impacts states (e.g., Assam NRC). Centre-state dynamics in managing migration.
- Statelessness and Human Rights: Challenge of statelessness (Assam NRC, Rohingyas). India's non-signatory status to UN Refugee Convention and lack of comprehensive refugee law.
- Balancing National Security, Demography, and Human Rights: Citizenship policy tension between these factors (CAA, NRC).
- OCI Scheme - A Response to Globalized Diaspora: Pragmatic solution to engage diaspora (economic/cultural contribution) while upholding single citizenship.
- Continuity and Change: Articles 5-8 dealt with commencement, Article 11 provided flexibility. Amendments signify dynamic adaptation to new challenges.
UPSC Previous Year Questions (PYQs)
(a) Equality before law and equal protection of laws
(b) Discrimination on grounds of religion, race, caste, sex or place of birth
(c) Equality of opportunity in matters of public employment
(d) Protection of life and personal liberty
Answer: (a) and (d)
Hint: Article 14 (Equality before law) and Article 21 (Protection of life and personal liberty) are available to both citizens and foreigners. Article 15, 16 are for citizens only.
1. According to the Citizenship Act, 1955, by birth in India, one can be a citizen of India if his/her parents are Indian citizens.
2. As per the provisions of the Citizenship Act, 1955, a person of Indian origin who is ordinarily resident in any country outside undivided India for five years before making an application for registration as a citizen of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a)
Hint: Statement 1 is partially correct as per the 2003 amendment (both parents or one citizen + other not illegal migrant). Statement 2 is incorrect; the ordinary residence period for a PIO applying for registration is 7 years, not 5.
1. The Union of India includes the States, but not the Union Territories.
2. The territory of India includes the States, Union Territories and acquired territories.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
Hint: This question tests the distinction between 'Union of India' and 'Territory of India' under Article 1, which sets the geographical limits of citizenship.
Mains Questions
Direction: While not directly about citizenship, this question can be linked to the concept of single citizenship and its role in promoting national unity against ethnic or regional loyalties. Discuss how the constitutional framework tries to balance these forces, and how issues like NRC and CAA can sometimes exacerbate ethnic/regional tensions.
Direction: This question can be linked to citizenship by mentioning single citizenship (borrowed from the UK) as a key feature, and how India adapted this and other features to its unique needs of national unity and integration, especially given the history of partition and diverse population.
Direction: This question provides an opportunity to discuss Fundamental Rights, a set of rights that primarily distinguishes citizens from non-citizens. While Right to Privacy (Art 21) applies to 'persons', other FRs are exclusive to citizens. Discussing the scope of FRs is essential for understanding what citizenship truly entails in India.
Original MCQs for Prelims
1. A child born in India on 2nd January 2005 to Indian parents, one of whom is an illegal migrant, will not be a citizen by birth.
2. A person born outside India on 5th December 2004, whose father was an Indian citizen at the time of birth, can automatically become a citizen by descent without registration at an Indian consulate.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a)
Explanation:
Statement 1 is correct. As per the 2003 amendment (effective Dec 3, 2004), a person born in India on or after this date is a citizen by birth only if both parents are citizens, or one parent is a citizen and the other is not an illegal migrant. Here, one parent is an illegal migrant, so the child does not acquire citizenship by birth.
Statement 2 is incorrect. As per the 2003 amendment (effective Dec 3, 2004), for a person born outside India on or after this date, birth must be registered at an Indian consulate within one year (or with permission) for them to be a citizen by descent. Automatic acquisition is no longer the rule.
(a) The Parliament of India
(b) The Ministry of Home Affairs
(c) The Supreme Court of India
(d) The President of India
Answer: (a)
Explanation: Article 11 of the Constitution explicitly grants Parliament the exclusive power to make any law with respect to the acquisition and termination of citizenship and all other matters related to citizenship. The Ministry of Home Affairs implements these laws, the Supreme Court interprets them, and the President assents to them.
Original Descriptive Questions for Mains
Key Points/Structure:
- Introduction: Briefly introduce CAA 2019 as an amendment to the Citizenship Act, 1955, and its contentious nature.
- Key Provisions: Granting citizenship to specific religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Bangladesh, and Afghanistan; cut-off date: December 31, 2014; reduced naturalization period to 5 years; immunity from illegal migrant status for these groups.
- Government's Rationale: Humanitarian relief for persecuted religious minorities in Muslim-majority countries; act is only for foreigners; reasonable classification.
- Major Criticisms: Violation of Secularism (links citizenship to religion, excludes Muslims); Against 'Basic Structure'; Threat to Assam Accord; No clear definition of 'persecution'.
- Constitutional Challenges & Current Status: Mention ongoing Supreme Court petitions and recent notification of rules.
- Conclusion: Summarize that CAA represents a significant shift, sparking debate on humanitarianism, national security, and constitutional principles.
Key Points/Structure:
- Introduction: State that citizenship law is dynamic, evolving from foundational constitutional principles.
- Constitutional Provisions (Articles 5-11): Context (Partition, immediate post-independence); Focus (at commencement, single citizenship, Parliament's legislative power); Nature (inclusive, defining initial citizens).
- Citizenship Act, 1955 (Initial Act): Focus (acquisition & loss); By Birth (initially unconditional Jus Soli).
- Major Amendments and Changing Priorities:
- 1986 Amendment: Shift towards 'jus sanguinis' (one parent citizen for birthright), curbing illegal migration.
- 2003 Amendment: Further tightening (both parents citizen or one + other not illegal migrant), mandatory registration for descent. Prioritizing checks on illegal migration.
- 2015 Amendment: Merger of PIO-OCI. Prioritizing engaging Indian diaspora.
- 2019 Amendment (CAA): Introduction of religion as criterion. Prioritizing humanitarian aid for persecuted minorities (govt. rationale) OR controversial shift towards religious discrimination (critics).
- Conclusion: Summarize the tension between inclusive secular identity and concerns for security, illegal immigration, leading to a complex and debated legal framework.