Citizenship

Meaning of Citizenship

Just like every modern state, India also has two categories of people:

• Citizens
• Aliens

👉 A citizen is considered a full member of the Indian State. This means two things:

1. The citizen owes allegiance (loyalty) to India.
2. The citizen enjoys civil and political rights granted by the Constitution.

On the other hand, an alien is someone who belongs to another country. Since their loyalty is to some other State, they cannot enjoy the same rights as citizens of India.

Types of Aliens

Now, aliens are further divided into two categories:

1. Friendly aliens → They are the citizens of countries that maintain friendly and cordial relations with India.
2. Enemy aliens → They belong to a country that is at war with India.

Naturally, enemy aliens enjoy fewer rights than friendly aliens. For example, they do not enjoy protection against arrest and detention under Article 22.

Rights Exclusive to Citizens

The Constitution very carefully lists certain rights and privileges that are available only to citizens of India, and these are denied to aliens. Let’s understand them:

1. Right against discrimination (Article 15) → No discrimination on grounds of religion, race, caste, sex, or place of birth.
2. Right to equality of opportunity in public employment (Article 16).
3. Right to freedoms (Article 19) → freedom of speech & expression, assembly, association, movement, residence, and profession.
4. Cultural and educational rights (Articles 29 & 30).
5. Political rights: Right to vote in Lok Sabha and State Assembly elections.
6. Right to contest elections → eligibility for membership of Parliament and State Legislature.
7. Eligibility for high constitutional posts → Only citizens can become President, Vice-President, Governor, judges of Supreme Court and High Courts, Attorney General of India, Advocate General of states, etc.

Duties of Citizens

Rights always come with duties. Citizens of India are expected to:

• Pay taxes honestly.
• Respect the National Flag and National Anthem.
• Defend the country whenever required.

This mutual relationship — rights on one side, duties on the other — is what keeps the State and citizens bound together.

India vs USA: A Comparison

A very interesting point here:

• In India, both a citizen by birth and a naturalised citizen can contest for the office of President.
• In USA, only a citizen by birth can become the President, not a naturalised one.

This shows how India is relatively more inclusive in its approach.

✅ So, in short: Citizenship means full membership of the Indian State, with allegiance towards it and enjoyment of rights and privileges. Aliens may live in India, but their rights are limited, especially if they belong to enemy countries.

Where is Citizenship Mentioned in the Constitution?

Citizenship is covered under Part II of the Constitution — Articles 5 to 11.

But here’s the catch:

• The Constitution does not give us a permanent or elaborate framework for citizenship.
• It only talks about who became Indian citizens on 26 January 1950 (the commencement of the Constitution).

👉 For everything that comes after that date — how to acquire citizenship, how it can be lost, etc. — the Constitution gave power to Parliament to make a law.

Accordingly, Parliament passed the Citizenship Act, 1955, which has been amended several times to deal with changing needs.

Who Became Citizens on 26 January 1950?

At the commencement of the Constitution, four categories of persons were declared as citizens:

(i) Persons Domiciled in India

• If a person had his domicile (permanent home and intention to remain) in India, and satisfied any one of these conditions:
  1. He was born in India, OR
  2. Either of his parents was born in India, OR
  3. He had been ordinarily resident in India for 5 years immediately before 26 January 1950.

➡️ Such a person automatically became a citizen.

(ii) Persons Migrated from Pakistan

This category is slightly complex because of the Partition situation:

• If a person migrated from Pakistan to India and he, his parents, or grandparents were born in undivided India, then he could become a citizen.
• But conditions depended on when he migrated:
  1. Before 19 July 1948 → He must have been ordinarily resident in India since the date of migration.
  2. On or after 19 July 1948 → He must have been registered as a citizen of India. For registration, he needed:
     • At least 6 months’ residence in India immediately before applying.

(iii) Persons Who Migrated to Pakistan but Returned

• If a person had migrated to Pakistan after 1 March 1947, but later returned to India for resettlement, he could become a citizen.
• Again, condition: He must have been resident in India for 6 months before applying for registration.

(iv) Overseas Indians (Persons of Indian Origin Living Outside India)

• If a person, or his parents/grandparents, was born in undivided India, but he was residing outside India, he could still become an Indian citizen.
• For this, he needed to be registered as a citizen of India by the Indian diplomatic or consular representative in that country (before or after commencement of the Constitution).

➡️ This provision was especially meant for the Indian diaspora (Overseas Indians).

✅ So, to summarise: Citizenship at the commencement of the Constitution was given to:

1. Persons domiciled in India.
2. Persons migrated from Pakistan.
3. Persons migrated to Pakistan but later returned.
4. Persons of Indian origin residing abroad.

Other Constitutional Provisions

Apart from identifying who became citizens on 26 January 1950, the Constitution also made three important points:

1. No Dual Citizenship → If any person voluntarily acquires the citizenship of a foreign state, he cannot be an Indian citizen.
2. Continuity of Citizenship → Every person who is, or is deemed to be, a citizen of India shall continue to be so, unless Parliament provides otherwise.
3. Parliament’s Power → Parliament has the exclusive power to make laws regarding:
   • Acquisition of citizenship,
   • Termination of citizenship,
   • And any other matter related to citizenship.

📌 So, the key takeaway is: The Constitution only laid down the initial framework (citizenship on 26 January 1950). Beyond that, it left the subject entirely to Parliament.

Citizenship Act, 1955

• The Constitution (Articles 5–11) only dealt with citizenship at the commencement (26 January 1950).
• For citizenship after that date, the Constitution empowered Parliament to make a law.
• That law is the Citizenship Act, 1955.

Originally, it also included a provision for Commonwealth Citizenship (so that people of Commonwealth countries could enjoy certain privileges in India). But this was repealed by the 2003 Amendment.

So today, the Act deals only with Indian citizenship.

Acquisition of Citizenship

The Act provides five main ways of acquiring Indian citizenship, plus one special provision for Assam:

(i) By Birth

Rules depend on when a person was born:

1. 26 Jan 1950 – 1 July 1987 → Citizen of India irrespective of parents’ nationality.
2. After 1 July 1987 → Citizen only if either parent is an Indian citizen.
3. After 3 Dec 2004 → Citizen only if:
   • Both parents are Indian citizens, OR
   • One parent is an Indian citizen and the other is not an illegal migrant.

👉 Exceptions: Children of foreign diplomats and enemy aliens are not citizens by birth.

(ii) By Descent

For children born outside India:

1. 26 Jan 1950 – 10 Dec 1992 → Citizen if the father was an Indian citizen at the time of birth.
2. After 10 Dec 1992 → Citizen if either parent is Indian.
3. After 3 Dec 2004 → Citizenship by descent requires registration of birth at Indian consulate within 1 year (or with Central Government’s permission later). Parents must also declare the child does not hold another country’s passport.

👉 Important: If such a child is a dual citizen, he/she must renounce foreign citizenship within 6 months of turning 18, otherwise Indian citizenship is lost.

(iii) By Registration

The Central Government may register a person as an Indian citizen if (not being an illegal migrant), he/she belongs to one of these categories:
a. Person of Indian origin, resident in India for 7 years.
b. Person of Indian origin residing outside undivided India.
c. Person married to an Indian citizen, resident in India for 7 years.
d. Minor children of Indian citizens.
e. Person whose parents are registered citizens of India.
f. Person who was earlier a citizen of Independent India, resident in India for 12 months.
g. Person registered as an Overseas Citizen of India (OCI) for 5 years and resident in India for 12 months.

👉 All such persons must take an oath of allegiance before registration.

(iv) By Naturalisation

The Central Government may grant citizenship by naturalisation if (not being an illegal migrant), the person fulfills the following:

1. Not a citizen of a country that denies naturalisation to Indians.
2. Undertakes to renounce his/her foreign citizenship.
3. Has resided in India for 12 months immediately before application.
4. Has resided in India or served the Government for 11 years out of the previous 14 years.
5. Is of good character.
6. Has knowledge of at least one language in the 8th Schedule.
7. Intends to permanently reside in India.

👉 Government can waive conditions for persons with distinguished service in science, art, philosophy, world peace, etc.

👉 Every naturalised citizen must take an oath of allegiance.

(v) By Incorporation of Territory

If a foreign territory becomes part of India, the Government specifies who among its people shall be Indian citizens.

Example: When Pondicherry merged with India (1962), the Government issued the Citizenship (Pondicherry) Order.

(vi) Special Provision – Assam Accord (1985 Amendment)

Due to large-scale immigration from Bangladesh, special rules were added:

1. Persons of Indian origin who came before 1 Jan 1966 → Deemed citizens from that date.
2. Those who came between 1 Jan 1966 – 25 March 1971 → Must register themselves. They become citizens 10 years after detection as foreigners.
3. During this 10-year period, they enjoy all rights except voting rights.

Loss of Citizenship

The Act also lays down three ways a person can lose Indian citizenship:

(i) By Renunciation

• Any citizen of full age can declare that he is renouncing Indian citizenship.
• Once registered, he ceases to be Indian.
• If he has minor children, they also lose citizenship. But they can resume it on turning 18.
• During a war, Government can withhold registration of such renunciation.

(ii) By Termination

• If a citizen voluntarily acquires citizenship of another country, Indian citizenship automatically terminates.
• Exception: This rule does not apply during a war involving India.

(iii) By Deprivation

This is compulsory termination by the Central Government, if:

1. Citizenship obtained by fraud.
2. Citizen has shown disloyalty to the Constitution.
3. Citizen has unlawfully traded/communicated with enemy during war.
4. Within 5 years of registration/naturalisation, he is imprisoned for 2 years or more.
5. He has been residing outside India continuously for 7 years.

✅ So, the Citizenship Act, 1955 is a complete code: it tells us how Indian citizenship can be acquired and how it can be lost.

Single Citizenship

Meaning of Single Citizenship

• India is a federal country — it has a dual polity (Centre + States).
• Normally, federal countries (like the USA or Switzerland) follow the system of dual citizenship:
  • A person is a citizen of the Union (USA as a whole).
  • And also a citizen of the particular State (say, California or Texas).

👉 But India has only one citizenship — citizenship of India.

• No matter which state you are born in or live in, you are just an Indian citizen.
• You owe allegiance only to the Union of India, not separately to any State.

Why is Dual Citizenship Problematic?

Let’s take the example of the USA:

• Since people are also state citizens, states can discriminate in favour of their own residents.
• For example, in matters of:
  • Right to vote,
  • Right to hold certain state-level public offices,
  • Right to practice professions.

This creates divided loyalty and potential discrimination.

👉 By adopting single citizenship, India avoids such problems.

Implications in India

• Every Indian citizen, irrespective of the state of birth or residence, enjoys uniform civil and political rights all over the country.
• There is no legal discrimination between, say, a person from Kerala and a person from Punjab.

But — there are a few exceptions allowed under the Constitution.

Exceptions to Single Citizenship

Though the general rule is uniform rights, certain exceptions exist:

(i) Public Employment and Residence (Article 16)

• Parliament can prescribe residence requirement for certain jobs in a state/UT.
• Under this power, the Public Employment (Requirement as to Residence) Act, 1957 was passed.
• It allowed residence-based preference in non-gazetted jobs in:
  • Andhra Pradesh, Himachal Pradesh, Manipur, Tripura.
• This Act expired in 1974.
• Currently, only Andhra Pradesh and Telangana retain such a provision through special arrangements.

(ii) Residence-based Benefits (Article 15)

• Article 15 prohibits discrimination based on religion, race, caste, sex, place of birth.
• But it does not prohibit discrimination based on residence.
• So, states can give special benefits to their residents, like:
  • Fee concessions in state-run educational institutions.

(iii) Tribal Area Restrictions (Article 19)

• Freedom of movement and residence under Article 19 is restricted in Scheduled Tribe areas.
• Outsiders cannot freely settle or acquire property in such areas.
• Aim: To protect culture, language, customs, land, and livelihood of tribal communities from exploitation.

(iv) Special Status of Jammu & Kashmir (before 2019)

• Under Article 35A (inserted by 1954 Presidential Order under Article 370), the J&K legislature could:
  • Define “permanent residents.”
  • Give them special rights in:
    • Govt employment,
    • Property ownership,
    • Settlement,
    • Scholarships and state aid.
• In 2019, with the abrogation of Article 370, the 2019 Presidential Order superseded the 1954 Order.
• This special status was abolished.

Purpose of Single Citizenship

The framers of the Constitution consciously adopted this model to:

• Promote fraternity and unity.
• Ensure people feel part of one integrated nation, not divided by state loyalties.
• Build a sense of national identity above regional identity.

Ground Reality

Despite the legal framework of single citizenship, India still faces:

• Communal riots,
• Class conflicts,
• Caste-based violence,
• Linguistic clashes,
• Ethnic disputes.

👉 So, the vision of the Constitution-makers — to build an integrated and united nation — remains a work in progress.

✅ In summary: India’s single citizenship is unique because it ensures equality and unity across states. While exceptions exist to protect local and tribal interests, the broad idea is to prevent divided loyalties and discrimination, unlike in the USA.

Overseas Citizenship of India (OCI)

Background

• In September 2000, the Government of India set up a High-Level Committee on the Indian Diaspora under the chairmanship of L.M. Singhvi.
• The committee studied the global Indian diaspora and recommended ways to strengthen India’s relationship with it.

👉 Key recommendation: Amend the Citizenship Act (1955) to provide dual citizenship to Persons of Indian Origin (PIOs) from certain countries.

Evolution of OCI

• 2003 (Amendment): Citizenship Act was amended to create a new category — Overseas Citizenship of India (OCI), but only for PIOs of 16 specified countries (excluding Pakistan & Bangladesh).
• 2005 (Amendment): Expanded scope of OCI to PIOs of all countries (except Pakistan and Bangladesh), provided their home country allows dual citizenship.
• 2015 (Amendment): Merged the PIO Card Scheme (2002) and OCI Card Scheme (2005) into a single scheme called OCI Cardholder.
  • All existing PIO cardholders were deemed OCI cardholders from 9 January 2015.
  • This was done to remove confusion, since two similar schemes were running in parallel.

⚠️ Important clarification: OCI is not “dual citizenship”.

• Article 9 of the Constitution prohibits dual citizenship/nationality.
• OCI is better understood as a long-term visa with multiple rights, but without political rights.

Provisions of the 2015 Amendment

The 2015 amendment defined Overseas Citizen of India Cardholder and laid down four broad areas:

Eligibility for Registration

A person can register as an OCI cardholder if:

1. He/she is of full age and capacity, and is:
   • A citizen of another country but was a citizen of India after 26 Jan 1950, or
   • Eligible to become a citizen of India at the commencement of the Constitution, or
   • Belonged to a territory that became part of India after 15 August 1947, or
   • Child/grandchild/great-grandchild of such a person.
2. A minor child of such persons.
3. A minor child where both parents (or one parent) are citizens of India.
4. A spouse of foreign origin of an Indian citizen/OCI cardholder, provided:
   • The marriage is registered, and
   • It has subsisted for at least 2 years before the application.

👉 Exclusions:

• No person (or their parents/grandparents/great-grandparents) who was ever a citizen of Pakistan, Bangladesh, or any other country specified by the Government is eligible.

Rights of OCI Cardholders

OCI cardholders enjoy several facilities, but with clear limitations.

✅ Rights available:

• Multiple-entry, lifelong visa for visiting India.
• Exemption from registering with FRRO (Foreigners Regional Registration Office).
• Parity with NRIs in many economic, financial, and educational matters (e.g., admissions to educational institutions, purchase of residential property, etc.).

❌ Rights NOT available:

• No equality of opportunity in public employment (Article 16).
• Cannot contest elections for President, Vice-President, MP, MLA, MLC.
• Cannot hold high constitutional posts (SC/HC Judge, Governor, etc.).
• Cannot register as a voter.
• Cannot hold public services/posts (unless specified by Central Govt).

👉 In short: OCI gives economic and cultural rights, but not political rights.

Renunciation of OCI

• If an OCI cardholder declares that he/she wants to renounce it, the Government registers the declaration.
• Upon registration, the person and their dependents (minor children, foreign-origin spouse) cease to be OCI cardholders.

Cancellation of OCI

The Government can cancel OCI status if:

1. It was obtained by fraud or misrepresentation.
2. The person shows disaffection towards the Constitution.
3. The person engages in unlawful trade/communication with the enemy during war.
4. Within 5 years of registration, the person is imprisoned for 2 years or more.
5. It is in the interests of sovereignty, integrity, security, foreign relations, or public interest.
6. In case of marriage-based OCI:
   • If marriage is dissolved, or
   • If the OCI spouse marries someone else during the subsistence of the first marriage.

Key Takeaway

OCI is a special status for the Indian diaspora that allows them to retain emotional, economic, and cultural ties with India without granting them political rights. It is often called a “dual citizenship in spirit, but not in law”, since the Indian Constitution strictly prohibits actual dual nationality.

✅ UPSC angle:

• Remember the evolution: Singhvi Committee → 2003 Amendment → 2005 Expansion → 2015 Merger (PIO + OCI).
• Know rights available vs. rights denied.
• Note the restrictions on Pakistan, Bangladesh, and marriage-based OCI.

Comparing NRI, PIO and OCI Cardholder

• NRI (Non-Resident Indian):
  An Indian citizen (passport holder) who lives outside India.
  👉 Still a citizen of India.
• PIO (Person of Indian Origin):
  A foreign citizen (foreign passport) who or whose ancestors were Indian nationals.
  👉 Not an Indian citizen, just of Indian origin.
  (Now merged with OCI in 2015, but still asked historically in exams).
• OCI (Overseas Citizen of India Cardholder):
  A foreign citizen registered under the Citizenship Act, 1955.
  👉 Enjoys many rights in India, but not full citizenship.