Meaning of Citizenship

• Citizenship defines the relationship between an individual and the state.
• A citizen enjoys full political and civil rights (e.g., right to vote, right to contest elections).
• Non-citizens (foreigners) do not have these rights and are subject to restrictions.

Key Difference:

Constitutional Provisions on Citizenship (Articles 5-11)

Key Takeaway:

• The Constitution only dealt with citizenship at the time of commencement.
• Future citizenship issues are handled by Parliament under the Citizenship Act, 1955.

Citizenship Act, 1955 – Ways to Acquire Indian Citizenship

The Citizenship Act, 1955 provides five ways to acquire citizenship:

A. Citizenship by Birth (Section 3)

A person is a citizen by birth if:

• Born in India before 1 July 1987.
• Born between 1 July 1987 – 3 December 2004, if either parent is an Indian citizen.
• Born on or after 3 December 2004, if both parents are Indian citizens OR one parent is Indian and the other is not an illegal migrant.
• Exception: Children of foreign diplomats and enemy aliens are not Indian citizens.

B. Citizenship by Descent (Section 4)

A person is a citizen by descent if:

• Born outside India but at least one parent is an Indian citizen.
• Birth must be registered at an Indian consulate within one year.

C. Citizenship by Registration (Section 5)

Citizenship can be granted to:

• People of Indian origin residing in India for 7+ years.
• Persons married to Indian citizens and living in India for 7+ years.
• Overseas Indians living in any country except Pakistan & Bangladesh.
• Example: A Nepali citizen married to an Indian citizen can apply under this category.

D. Citizenship by Naturalization (Section 6)

Granted to foreigners who:

• Have resided in India for 12+ years.
• Are of good character and intend to settle in India.
• Example: Adnan Sami (Pakistani singer) became an Indian citizen in 2016 via naturalization.

E. Citizenship by Incorporation of Territory (Section 7)

If India acquires new territory, people of that region automatically become Indian citizens.

• Example: Sikkim became part of India in 1975, and its people became Indian citizens.

How Can Citizenship Be Lost? (Sections 8-10 of Citizenship Act, 1955)

Citizenship can be lost in three ways:

Example: Nirav Modi (fugitive businessman) may be deprived of Indian citizenship if convicted for financial crimes.

Overseas Citizenship of India (OCI) and Persons of Indian Origin (PIO)

OCI (Overseas Citizen of India)

• For people of Indian origin who became foreign citizens.
• Lifelong visa for India, can own property, work, and study in India.
• No political rights (e.g., voting, government jobs, constitutional offices).
• Example: A person who migrated to USA but was originally from India can get an OCI card.

PIO (Person of Indian Origin)

• Granted to foreigners of Indian ancestry (ancestors up to 4 generations back).
• Merged with OCI in 2015, so now only OCI status exists.

Important Amendments to the Citizenship Act, 1955

Citizenship (Amendment) Act, 1986

Restricted citizenship by birth – One parent must be an Indian citizen.

Citizenship (Amendment) Act, 2003

• Introduced OCI (Overseas Citizen of India) status.
• Made it harder for illegal migrants to get Indian citizenship.

Citizenship (Amendment) Act, 2019 (CAA)

• Provides fast-track citizenship for persecuted minorities (Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan.
• Does NOT apply to Muslims from these countries.
• Reduces residency requirement for naturalization from 12 years to 5 years.
• Controversy: Critics argue it discriminates based on religion, while the government says it protects persecuted minorities.

Can Indian Citizenship Be Given Up for Dual Citizenship?

• No, India does not allow dual citizenship.
• Indians who acquire foreign citizenship must renounce Indian citizenship but can apply for OCI status.
• Example: A person born in India but now a Canadian citizen cannot hold an Indian passport but can have an OCI card.

Key Takeaways for UPSC

• Citizenship in India is governed by Articles 5-11 and the Citizenship Act, 1955.
• There are five ways to acquire citizenship: Birth, Descent, Registration, Naturalization, and Incorporation.
• Citizenship can be lost by renunciation, termination, or deprivation.
• India does not allow dual citizenship, but OCI provides some benefits to foreign citizens of Indian origin.
• The Citizenship Amendment Act (2019) gives fast-track citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan.

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