Citizenship – UPSC Notes – Indian Polity Notes

Citizenship defines the relationship between the state and an individual. It’s a reciprocal relationship. It’s more like membership of a larger part of society, it gives an individual identity and a sense of belonging and due to this, it holds a position of significance.

Meaning of Citizenship:

• The term “citizenship” refers to how a person is connected to the government. In India, like in other modern countries, there are two types of citizens: citizens and aliens.
• Citizens are full members of the Indian state, and they must follow the country’s laws. They have the freedom to enjoy their civil and political rights. On the other hand, aliens are not citizens and are excluded from these rights.

Principles for Granting Citizenship

There are two main principles for granting citizenship: “jus soli” and “jus sanguinis,” which mean the right of the soil and the law of the blood, respectively. “Jus soli” gives citizenship based on the place of birth, while “jus sanguinis” considers blood ties as the criteria.

The Nehru Committee Report of 1928 supported the idea of “jus soli” for recognizing citizens. However, the Constituent Assembly rejected the “jus sanguinis” approach because it went against the values of Indian culture.

Citizenship vs Nationality

• Nationality is the sense of belonging to a certain region due to birth, family background, race or ethnicity connection. It shows individuals’ relationship with that state. It is innate. It cannot be changed. 
• Citizenship is political status wherein individuals are recognised as members of a state, they owe allegiance to the state. It can be changed, as in person can change his citizenship if he acquires citizenship of another state.

Constitutional Provisions on Citizenship

Article 5: Citizenship at the Commencement of the Constitution

This article elucidates the provisions related to citizenship effective at the initiation of the Constitution on January 26, 1950. Citizenship is granted to individuals with domicile in Indian territory who fulfill the following conditions:

1. Born in Indian territory
2. Either parent born in Indian territory
3. Ordinarily a resident of India for at least 5 years before the Constitution’s commencement

Article 6: Citizenship of Persons Migrating from Pakistan

This article confers citizenship upon individuals migrating from Pakistan under specific conditions related to birth, residency, and registration by Dominion of India authorities.

Article 7: Citizenship of Migrants to Pakistan

Addresses the rights of those who migrated to Pakistan after March 1, 1947, but later returned to India.

Article 8: Citizenship of Persons of Indian Origin Outside India

Deals with the rights of individuals of Indian origin residing outside India for purposes such as employment, marriage, and education.

Article 9: Voluntary Acquisition of Foreign Citizenship

States that those voluntarily acquiring citizenship of a foreign country will not retain Indian citizenship.

Article 10: Continuation of Citizenship

Ensures that individuals considered citizens under the specified provisions continue to be citizens and are subject to parliamentary laws.

Article 11: Parliament’s Authority to Regulate Citizenship

Grants Parliament the authority to make laws regarding the acquisition, termination, and other citizenship-related matters.

Citizenship of India Constitutional Provisions

Citizenship in India is defined by Articles 5–11 (Part II) of the Constitution. The Citizenship Act, 1955, governs citizenship and has undergone amendments in 1986, 1992, 2003, and 2005.

Nationality in India

Primarily follows the principle of jus sanguinis (citizenship by right of blood) rather than jus soli (citizenship by right of birth within the territory).

Citizenship Act & Amendments:

In exercise of Article 5, the parliament enacted Citizenship Act in 1955. The act has been amended 6 times, recent being in  2019.

Citizenship Act, 1955

Citizenship of India can be acquired through various means as outlined in the Citizenship Act, 1955:

1. Citizenship at the Commencement of the Constitution
   • People domiciled in India as of November 26, 1949, automatically became citizens at the commencement of the Constitution.
2. Citizenship by Birth
   • Individuals born in India between January 26, 1950, and July 1, 1987, are Indian citizens.
   • Those born after July 1, 1987, are citizens if at least one parent was an Indian citizen at the time of their birth.
   • Persons born after December 3, 2004, are citizens if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
   • Birthright citizenship does not apply to children of foreign diplomatic personnel and those born to enemy aliens.
3. Citizenship by Descent
   • Children born outside India to at least one Indian citizen parent are Indian citizens by descent.
4. Citizenship by Registration
   • Individuals can acquire citizenship by fulfilling certain registration criteria specified in the Act.
5. Citizenship by Naturalization
   • Citizenship can be acquired through a naturalization process, adhering to the conditions mentioned in the Act.
6. Incorporation of Territory
   • The Government of India can confer citizenship by incorporating territory.

Acquisition of Indian Citizenship

By Birth

Provides for citizenship based on birth.

• 26^th January 1950 – 01 July 1987: Irrespective of parents nationality.
• 01 July 1987 – 03 December 2004: If either of parents in Indian citizen at time of  birth.
• After 03 December 2004: if both parents are Indian citizens of one of parents is Indian and other is not illegal migrant ay the time of birth.

By Descent

Provides for citizenship based on descent for individuals born outside India.

• 26 January 1950 – 10 December 1992: If father is Indian citizen at the time of birth.
• 10 December 1992 – 03 December 2004: if either of parents is citizen of India at the time of birth.
• After 03 December 2004: Shall not be citizen of India unless the birth is registered at the Indian consulate within 1 year of birth.

By registration

Those individuals who are not illegal migrants can apply for Indian citizenship, if he belongs to following categories:

• A person of Indian origin who is ordinarily residing in India for 7 years before making an application for registration.
• A person of Indian origin who is ordinarily resident of any country or place outside undivided India.
• A person who is married to citizen of India and ordinarily resident in India for 7 years.
• Minor children of citizens
• Persons of full age who have been registered as an OCI cardholder for 5 years and who is ordinarily residing in India for 12 months.

By naturalisation:

Central Government can grant a certificate of naturalization to any person (except illegal migrants), if he posses certain qualifications.

Amendments:

• 1985 Amendment: This amendment was made to add special provisions agreed by the union government under the Assam Accord
  • It set cut off date of 01 January 1966 for migrants to Assam. 
  • It provided that that every person of Indian origin who came to Assam on or after the 1^st January 1966 but before 25^th March 1971 from Bangladesh & ordinarily residing Assam since entry into Assam are deemed to be citizens of India.
• 2003 Amendment: Based on recommendations of Indian Diaspora Committee, this made provision for acquisition of Overseas Citizenship of India for 16 countries except Pakistan and Bangladesh.
  • It also omitted provisions relating to commonwealth citizenship.
• 2005 Amendment: Expanded the OCI for all countries except Pakistan and Bangladesh if their home countries allowed dual citizenship under their laws.
• 2015 Amendment: PIO card schema and OCI cardholder scheme were merged into single ‘Overseas Citizen of India Cardholder’
• 2019 Amendment: Provides for citizenship to on the basis of religion(non-Muslims) to illegal migrants from Pakistan, Afghanistan and Bangladesh who entered India before 31 December 2014.
  • It grants citizenship to Hindu, Sikh, Jain, Parsi, Buddhist and Christian who entered India.

Termination of Indian Citizenship:

Termination of citizenship under the Citizenship Act, 1955, can occur through the following ways:

1. Renunciation
   • A citizen of India who is also a national of another country can cease to be an Indian citizen by renouncing through a prescribed declaration.
2. Termination
   • Indian citizenship can be terminated if a citizen willingly adopts the citizenship of a foreign country.
3. Deprivation
   • The government of India has the authority to deprive a person of citizenship in specific cases. This is applicable to citizens who acquired citizenship through registration, naturalization, or under Article 5 Clause (c) (citizenship at commencement for a domicile in India with at least 5 years of preceding residency).

What is Person of Indian Origin?

• PIO (Person of Indian Origin) was implemented in 2002, it was given to foreign nationals who could establish at least a third generation tie to Indian origin. 
• They enjoy parity with NRIs as they didn’t need visa to enter India, didn’t need to register themselves at Foreigners Regional Registration Office (FRRO).

What is Overseas Citizen of India?

• OCI (Overseas Citizenship of India) was first mooted in the 2005 amendment to Citizenship Act.
• Apart from being entitled to benefits to PIO cardholders, OCI can also apply for Indian citizenship if they remain OCI for 5 years and live in India for 1 year.
• In 2015, Government of India merged OCI and PIO into OCI Cardholder Scheme. 

What is NRC?

• It is registry of villages, houses and persons living in it. It was first conducted after Census of 1951. It was published in 1951 and it has not been updated.
• Assam undertook NRC updation exercise to update cut-off date for illegal migrants from 19 July 1949 to 25 March 1971 , as agreed under Assam Accord. It was conducted on orders of Guwahati High Court.

In News:

• Post CAA protest, many cases were filed in the Supreme Court challenging it’s constitutional validity. These cases were clubbed. The hearing began on 31^st October 2022. 

FAQs on Citizenship in India

1. What is the significance of citizenship, and how does it define the relationship between an individual and the state?

Answer: Citizenship signifies the reciprocal relationship between an individual and the state. It bestows identity, a sense of belonging, and carries a position of significance in society. It outlines the rights and responsibilities an individual has toward the government.

2. What are the two main principles for granting citizenship, and how do they differ?

Answer: The two main principles for granting citizenship are “jus soli” (right of the soil) and “jus sanguinis” (law of the blood). “Jus soli” grants citizenship based on place of birth, while “jus sanguinis” considers blood ties as the criteria.

3. How does citizenship differ from nationality?

Answer: Nationality reflects a sense of belonging based on birth, family background, race, or ethnicity, while citizenship is a political status that recognizes individuals as members of a state, requiring allegiance. Nationality is innate and cannot be changed, whereas citizenship can be altered by acquiring citizenship in another state.

4. What are the constitutional provisions related to citizenship in India at the commencement of the Constitution?

Answer: Article 5 of the Indian Constitution outlines the conditions for citizenship at the commencement of the Constitution, including being born in Indian territory, having at least one parent born in Indian territory, or being an ordinary resident for at least 5 years before the Constitution’s commencement.

5. What are the key differences between citizenship and nationality in India?

Answer: In India, citizenship is defined by Articles 5–11 of the Constitution, while nationality is primarily determined by the principle of “jus sanguinis” (citizenship by right of blood) rather than “jus soli” (citizenship by right of birth within the territory).

6. How can Indian citizenship be acquired according to the Citizenship Act, 1955?

Answer: Indian citizenship can be acquired through various means, including citizenship at the commencement of the Constitution, by birth, descent, registration, naturalization, and incorporation of territory, as outlined in the Citizenship Act, 1955.

7. What are the amendments made to the Citizenship Act, and how do they impact citizenship in India?

Answer: The Citizenship Act, 1955, has undergone several amendments, including those in 1985, 2003, 2005, 2015, and 2019. These amendments address issues such as the cutoff date for migrants, Overseas Citizenship of India (OCI), and provisions related to illegal migrants.

8. What are the ways in which Indian citizenship can be terminated under the Citizenship Act, 1955?

Answer: Indian citizenship can be terminated through renunciation, voluntary adoption of foreign citizenship, or government deprivation in specific cases. Deprivation applies to citizens who acquired citizenship through registration, naturalization, or Article 5 Clause (c) provisions.

9. What is the difference between PIO (Person of Indian Origin) and OCI (Overseas Citizen of India)?

Answer: PIO was implemented in 2002 for foreign nationals with a third-generation tie to Indian origin, while OCI, introduced in 2005, grants benefits similar to PIO and allows the holder to apply for Indian citizenship after remaining an OCI for 5 years and living in India for 1 year.

10. What is the NRC (National Register of Citizens), and why was it undertaken in Assam?

Answer: The NRC is a registry of villages, houses, and persons living in them. Assam undertook the NRC updation to set a cutoff date for illegal migrants as per the Assam Accord, determining eligibility for Indian citizenship. The process was initiated by the Guwahati High Court’s orders and has been in the news post-CAA protests.

To complete UPSC Polity Notes, Click Here

Join our Official Telegram Channel HERE
Subscribe to our YouTube Channel HERE
Follow our Instagram ID HERE