CITIZENSHIP

The constitution of India gives ‘Single Citizenship” for all its citizens in India. This implies that there is
no disparate domicile for a state.

Provisions for citizenship are mentioned in Article 5 to 11 in Part II of the Constitution. Individuals who
are not Indian Citizens are considered Aliens. Aliens do not enjoy some fundamental rights mentioned
in Article 15, 16,19,29,30 of Part III of the Constitution.

Article 5: Citizenship at the Commencement of the Constitution

At the commencement of this Constitution, every person who has his domicile in the territory of India
and –
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement, shall be a citizen of India.

Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory
now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution
if –
(a) he or either of his parents or any of his grand-parents was born in India as defined in the
Government of India Act, 1935 (as originally enacted); and

(b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has
been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he
has been registered as a citizen of India by an officer appointed in that behalf by the Government of
the Dominion of India on an application made by him therefor to such officer before the
commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India
for at least six months immediately preceding the date of his application.

Article 7 : Rights of Citizenship of certain migrants to Pakistan

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated
from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of
India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the
territory now included in Pakistan, has returned to the territory of India under a permit for
resettlement or permanent return issued by or under the authority of any law and every such person
shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India
after the nineteenth day of July, 1948.

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Article 8: Rights of citizenship of certain persons of Indian origin residing outside India

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-
parents was born in India as defined in the Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside India as so defined shall be deemed to be a
citizen of India if he has been registered as a citizen of India by the diplomatic or consular
representative of India in the country where he is for the time being residing on an application made
by him therefor to such diplomatic or consular representative, whether before or after the
commencement of this Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State not to be Citizens

No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue
of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.

Article 10: Continuance of the Rights of Citizenship

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part
shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 11: Parliament to Regulate the Right of Citizenship by Law

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any
provision with respect to the acquisition and termination of citizenship and all other matters relating to
citizenship.

Citizenship of India

1. The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of Indian
Constitution.
2. The legislation related to this matter is the Citizenship Act 1955, which 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.
3. Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other
country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender
his Indian passport if he acquires citizenship of another country, it is a punishable offense under the act
if he fails to surrender the passport.
4. Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to
the jus soli (citizenship by right of birth within the territory).

5. The President of India is termed the first Citizen of India.

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6. Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired
under the following ways :
(1) Citizenship at the commencement of the Constitution of India
(2) Citizenship by Birth: This provision has different clauses for different periods (3) Citizenship by
Descent
(4) Citizenship by Registration
(5) Citizenship by Naturalization.

7. Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian
citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force.
(Citizenship at the commencement of the constitution of India.)
8. Any person born in India on or after 26 January 1950, but prior to the commencement of the
1986 Act on 1 July 1987, is a citizen of India by birth. [Citizenship by birth]
9. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen
of India at the time of the birth. [Citizenship by birth]
10. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their
parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant
at the time of their birth. [Citizenship by birth].
11. Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India
in three ways – Renunciation, Termination and Deprivation.
12. Persons of Indian Origin (PIO) Card : A PIO card applicant has to be a person of Indian origin
who is a citizen of any country, other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China
and Nepal; or a person who has held an Indian passport at any time or is the spouse of an Indian citizen
or a person of Indian origin;
13. Overseas Citizen of India (OCI) card: OCI Card is for foreign nationals who were eligible to
become a citizen of India on 26.01.1950 or was a citizen of India on or after that date. Applications
from citizens of Bangladesh and Pakistan are not allowed.
14. Overseas Indian Card : A new Bill is pending in Parliament [The Citizenship (Amendment)
Bill], which seeks to do away with the existing overseas citizen of India (OCI) card and the person of
Indian origin (PIO) card, and replace them with a new overseas Indian card,
15. While PIO card holders do not require a separate visa and can enter India with multiple entry facility
for 15 years; the OCI card is a multiple entry, multi-purpose lifelong visa for visiting India. OCI card-
holders have parity with non-resident Indians in respect of economic, financial and educational matters
except in acquiring agricultural land.
16. A PIO cardholder is required to register with local Police authorities for any stay exceeding 180 days
in India on any single visit.
17. OCI is not dual citizenship. There are no voting rights for an OCI card holder.

Indian Citizenship can be acquired by following four means:

A) Citizenship by Birth:

• Any person born in India on or after the 26th day of January, 1950, but before the commencement
of 1986 Act on 1st day of July, 1987, is a citizen of India by birth. ;

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 • Any person born on or after the 1st day of July, 1987, but before the commencement of the
Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the
time of his birth is a citizen of India.
• Any person born on or after the commencement of the Citizenship (Amendment) Act, 2003,
where either- (i) both of his parents are citizens of India; or (ii) one of whose parents is a
citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen
of India by birth.
• Exceptions: A person shall not be a citizen of India by virtue of this section, if at the time of
his birth- (a) either his father or mother possesses such immunity from suits and legal process
as is accorded to an envoy of a foreign sovereign power accredited to the President of India
and he or she, is not a citizen of India; (b) his father or mother is an enemy alien and the birth
occurs in a place then under occupation by the enemy.

B) Citizenship by Descent:

• A person born outside India on or after the 26th day of January, 1950, but before the 10th
day of December,1992, if his father is a citizen of India at the time of his birth shall be a citizen
of India by descent.
• A person born outside India on or after the 10th day of December, 1992, if either of his parents
is a citizen of India at the time of his birth will be a citizen of India by descent.
• Since 2004, a person shall not be a citizen of India by virtue of this section, unless his birth is
registered at an Indian consulate within one year of the date of birth.

C) Citizenship by Registration:

The Central Government may, on an application, register as a citizen of India under section 5 of Citizenship
Act 1955 (any person not being an illegal migrant) if he belongs to any of the following categories:

1. a person of Indian origin who are ordinarily resident in India for seven years before making an
application for registration;
2. a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
3. a person who is married to a citizen of India and is ordinarily resident in India for seven years
before making an application for registration.
4. minor children of persons who are citizens of India;
5. a person of full age and capacity who, or either of his parents, was earlier citizen of independent
India, and has been residing in India for one year immediately before making an application for
registration;
6. a person of full age and capacity who has been registered as an overseas citizen of India for five
years, and who has been residing in India for one year before making an application for registration.

D) Citizenship by Naturalization:-

Citizenship of India can be acquired by an Alien by naturalization in following manner:

• When any person of full age and capacity not being an illegal migrant makes an application for the
grant of a certificate of naturalization to him, the Central Government may, if satisfied that the
applicant is qualified for naturalization under the provisions of the Third Schedule- (must have

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 lived a total of 12 years in India in a period of 14 years, and must have lived for 12 months
uninterrupted in India prior to application for citizenship), grant to him a certificate of
naturalization. The conditions specified in the Third Schedule may be waived if in the opinion of
the Central Government, the applicant is a person who has rendered distinguished service to the
cause of science, philosophy, art, literature, world peace or human progress generally.
• The person to whom a certificate of naturalization is granted under sub-section (1) shall, on taking
the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by
naturalization as from the date on which that certificate is granted.

Termination/Renunciation of Citizenship:

1. Renunciation: Renunciation is covered under Section 8 of the Citizenship Act 1955. If an adult
makes a declaration of renunciation of Indian Citizenship, he would lose Indian Citizenship. Along
with him, any minor child of that person also loses Indian Citizenship from the date of renunciation.
The child has the right to resume Indian Citizenship when he turns eighteen.
2. Termination: It is covered under Section 9 of Citizenship Act 1955. Any Indian Citizen who by
naturalization or registration acquires the citizenship of another country shall cease to be a Citizen
of India.

Indians Living Abroad

Indian Constitution forbids dual citizenship/ nationality which implies that a person cannot have any other
countries’ passport simultaneously with the Indian one. Indians living abroad have been classified into three
categories: NRI, PIO, OCI. There are minor differences in these three. We shall understand each one
separately to develop a clear concept:

• NRI (Non-Resident Indian) – Holder of Indian passport and temporarily immigrated to another
country for six months or more.
• PIO (Persons of Indian Origin) – Holder of Non-Indian passport, and can prove their Indian
origin up to three generations. Spouses of Indian citizens or persons of Indian citizens.
• OCI (Overseas Citizens of India) – Persons of Indian origin who are holder of another country’s
passport which allows its citizens to hold dual citizenship of some kind. It is not full citizenship of
India and hence, does not amount to dual citizenship.

Md Reza v State of Bombay AIR 1966 SC 1436

The appellant, an Iranian national by birth, to India in 1938. In 1945 he obtained an Iranian passport
and went to Iraq on pilgrimage. On return to India he was registered under the Registration of
Foreigners 1939, as an Iranian national. On May 25, 1951 he obtained a retail permit under the
Foreigners Order, 1938 permitting him to reside in India up to a certain date. This permission was
extended from time to time at his request. In his applications for this purpose. he described himself
as an Iranian national. On December 2, 1957, his last request was refused and he was asked under
the Foreigners' Act, 1946 to leave India. He then filed a suit in the City Civil Court Bombay, for a
declaration that he was an Indian citizen and for an injunction and restraining the authorities from
taking action against him on the basis that he was a foreigner. The suit was dismissed by the City
Civil Court and an appeal to the High Court failed. With special leave, the appellant came to this

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Court, claiming citizenship of India under Article 5 of the Constitution on the basis at he had
acquired Indian domicile.

HELD
(i) Residence alone is insufficient evidence to establish acquisition of a new domicile; there also
has to be proof that the residence in a country was with the intention of making it the person's home.
(ii) An Indian citizen cannot be the national of another State.