Indian Citizenship: Overview
Definition:
Citizenship is the status of being a recognized member of a sovereign state or nation, granting certain rights and obligations. The Indian Constitution provides for single, national citizenship. While it does not define citizenship explicitly, Articles 5–11 outline its framework at the Constitution’s commencement.
Citizenship is the status of being a recognized member of a sovereign state or nation, granting certain rights and obligations. The Indian Constitution provides for single, national citizenship. While it does not define citizenship explicitly, Articles 5–11 outline its framework at the Constitution’s commencement.
Single Citizenship:
Unlike countries like the USA, India provides only one citizenship — Indian citizenship — regardless of its federal structure.
Unlike countries like the USA, India provides only one citizenship — Indian citizenship — regardless of its federal structure.
Citizens and Non-Citizens
Citizens: Full members of the Indian State; enjoy civil and political rights.
Aliens (Non-Citizens): Citizens of other states.
Friendly aliens: From countries with amicable relations with India.
Enemy aliens: From countries at war with India.
Citizens: Full members of the Indian State; enjoy civil and political rights.
Aliens (Non-Citizens): Citizens of other states.
Friendly aliens: From countries with amicable relations with India.
Enemy aliens: From countries at war with India.
Rights and Duties of Citizens
Rights:
Article 15: Protection against discrimination (religion, race, caste, sex, place of birth)
Article 16: Equality of opportunity in public employment
Article 19: Freedom of speech, assembly, association, movement, residence, and profession
Articles 29–30: Cultural and educational rights
Voting and contesting elections
Eligibility for public offices (President, Vice-President, etc.)
Duties:
Part IV-A of the Constitution lists 11 Fundamental Duties promoting patriotism and national unity.
Rights:
Article 15: Protection against discrimination (religion, race, caste, sex, place of birth)
Article 16: Equality of opportunity in public employment
Article 19: Freedom of speech, assembly, association, movement, residence, and profession
Articles 29–30: Cultural and educational rights
Voting and contesting elections
Eligibility for public offices (President, Vice-President, etc.)
Duties:
Part IV-A of the Constitution lists 11 Fundamental Duties promoting patriotism and national unity.
Articles 5–11: Citizenship Provisions
| Article | Provision |
|---|---|
| 5 | Citizenship at the commencement of the Constitution (born in India, parent born in India, or 5-year residence) |
| 6 | Citizenship rights of migrants from Pakistan to India |
| 7 | Citizenship rights of certain migrants to Pakistan |
| 8 | Citizenship of persons of Indian origin living abroad |
| 9 | Persons voluntarily acquiring foreign citizenship cease to be Indian citizens |
| 10 | Continuation of citizenship rights |
| 11 | Parliament authorized to regulate citizenship by law |
Acquisition of Citizenship (Citizenship Act, 1955 & Rules 2009)
By Birth: Born in India; at least one parent is an Indian citizen (other parent not an illegal immigrant).
By Descent: Born outside India; at least one parent is an Indian citizen; must register within one year at Indian Mission/Post abroad (later requires MHA approval).
By Registration: For persons of Indian origin with 7 years residency, OCI cardholders for 5 years, or married to Indian citizens.
By Naturalization: Granted by Central Government under Third Schedule conditions.
By Incorporation of Territory: Persons residing in newly merged territories may be granted citizenship.
By Birth: Born in India; at least one parent is an Indian citizen (other parent not an illegal immigrant).
By Descent: Born outside India; at least one parent is an Indian citizen; must register within one year at Indian Mission/Post abroad (later requires MHA approval).
By Registration: For persons of Indian origin with 7 years residency, OCI cardholders for 5 years, or married to Indian citizens.
By Naturalization: Granted by Central Government under Third Schedule conditions.
By Incorporation of Territory: Persons residing in newly merged territories may be granted citizenship.
Special Provision (Assam Accord, 1985): Clarified citizenship for those arriving in Assam before 1966 and those who came between 1966–1971 must register.
Loss of Citizenship
Renunciation: Voluntary relinquishment by declaration. Children may resume within one year after attaining adulthood.
Termination: Citizenship ends if voluntarily acquiring another nationality (not applicable during war).
Deprivation: Central Government can revoke citizenship obtained by fraud, disloyalty, or unlawful acts against India.
Loss of Citizenship
Renunciation: Voluntary relinquishment by declaration. Children may resume within one year after attaining adulthood.
Termination: Citizenship ends if voluntarily acquiring another nationality (not applicable during war).
Deprivation: Central Government can revoke citizenship obtained by fraud, disloyalty, or unlawful acts against India.
Overseas Citizenship of India (OCI)
Not dual citizenship; permanent residency with rights to live and work in India indefinitely.
Benefits: Visa-free entry, property ownership, employment rights (excluding certain restrictions).
Restrictions: Cannot vote, hold public office, or acquire agricultural property.
Renunciation/Cancellation: OCI can be renounced or canceled by the government under certain conditions (fraud, anti-India activity, etc.).
Other Key Terms
NRI (Non-Resident Indian): Indian-origin individuals residing abroad with ties to India.
Not dual citizenship; permanent residency with rights to live and work in India indefinitely.
Benefits: Visa-free entry, property ownership, employment rights (excluding certain restrictions).
Restrictions: Cannot vote, hold public office, or acquire agricultural property.
Renunciation/Cancellation: OCI can be renounced or canceled by the government under certain conditions (fraud, anti-India activity, etc.).
Other Key Terms
NRI (Non-Resident Indian): Indian-origin individuals residing abroad with ties to India.
- PIO (Person of Indian Origin): Former Indian nationals or descendants who now hold foreign citizenship.
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