Citizenship in India

Citizenship in India: The legal status of a person as a legitimate citizen of a state or as a member of a country is known as citizenship. The Indian Constitution’s Articles 5 through 11 deal with the idea of citizenship in India. In order to fully enjoy any state in which a person enjoys civil and political rights, one must be a citizen of that state.

Article 5: Citizenship at the commencement of the Constitution

This page discusses citizenship for those alive on January 26, 1950, the day the Constitution went into effect. Citizenship is granted to those who reside in Indian territory and meet the following criteria:

1. Who was born in Indian territory; or
2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated from Pakistan

(a)Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if –

1. He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and
2. (a) in case such a person has migrated before July 19th, 1948, and has been ordinarily resident in India since his migration, or

(b) if the person immigrated after July 19th, 1948, and was registered as an Indian citizen by an officer designated in that capacity by the government of the Dominion of India on an application made by the person in question to the officer prior to the start of the Constitution; provided, however, that no person shall be so registered unless he has been a resident of India for at least six months immediately prior to the date of his application.

Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but subsequently returned to India.

Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside India for purposes of employment, marriage, and education.

Article 9

People voluntarily acquiring citizenship in a foreign country will not be citizens of India.

Article 10

Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be a citizen and will also be subject to any law made by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship.

Citizenship of India constitutional provisions

• Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.
• The Citizenship Act, of 1955 is the legislation dealing with citizenship. This has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
• Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution
2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
6. By incorporation of territory (by the Government of India)

• People who had their primary residence in India as of November 26, 1949, were automatically made citizens of India when the Constitution took effect.
• Indian citizens are those who were born in India on or after January 26, 1950, but before July 1, 1987.
• If either parent was an Indian citizen at the time of birth, the child was considered to be an Indian citizen if they were born after July 1, 1987.
• If one parent is an Indian citizen and the other is not an illegal immigrant at the time of birth, or if both parents are Indian citizens, the child is considered an Indian citizen if they were born after 3 December 2004.
• Children of enemy aliens and foreign diplomats are not eligible for citizenship by birth.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

Renunciation: Any Indian citizen who is also a citizen of another nation and renounces his Indian citizenship through a declaration made in the manner specified by law loses his Indian citizenship. Every minor kid of a guy who loses his Indian citizenship likewise loses his Indian citizenship. However, such a child may renounce his or her foreign citizenship within a year after reaching adulthood by filing a declaration of intent.
Termination: A citizen’s Indian citizenship may be revoked if they knowingly or voluntarily take on the nationality of any other nation.
Deprivation: In certain circumstances, the Indian government may strip a person of their citizenship. But not all citizens are covered by this. It only applies to people who have obtained citizenship through registration, naturalisation, or merely by virtue of Article 5 Clause (c) (which is citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution).

Persons of Indian Origin (PIO) Card

A person would be eligible for the PIO card if he:

1. Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China or Afghanistan, or
2. Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of Indian origin.

PIO cardholders can enter India with the multiple-entry feature for fifteen years. They do not need a separate visa.

Overseas Citizen of India (OCI) Card

• Foreign people who were eligible for Indian citizenship on January 26, 1950, or who become citizens on or after that date, may apply for an OCI Card.
• OCI Card eligibility is not available to residents of Bangladesh or Pakistan. OCI cardholders are not allowed to vote.
• Dual citizenship is not OCI. Owners of OCI cards are not citizens of India.
• The OCI Card is a flexible, perpetual visa that allows many visits to India.
• In terms of monetary, intellectual, and economic considerations, holders of OCI Cards are on par with NRIs. However, they are unable to purchase land in India for farming.

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