Citizenship of India - UPSC Notes

 CITIZENSHIP OF INDIA

There are two types of people :

• Aliens 
• Citizens

1. Citizens : They are full members of the Indian state and enjoy all civil and political rights.  
2. Aliens: They are citizens of some other state and do not enjoy all the civil and political rights.

Aliens further called friendly ( cordial relations with India ) and Enemy ( war with India).

3. Jus - Soli: Citizenship on the basis of place of birth.

4. Jus - Sanguinis: Recognition to blood ties.

Following rights and privileges on the citizens of India ( and denies the same to aliens) :

1. Article 15,16,19,29,30.

2. Right to vote in the election 

• Lok Sabha 
• State Legislative Assembly

3. Right to Contest for membership 

• Parliament 
• State Legislature 

4. Eligibility to hold certain public offices.

  i.e., President of India, Vice President, Judges of the Supreme Court and High Court, Governor of the State, Attorney - General of India, Advocate General of the State.

5. Eligible for Indian citizenship :

• Article (5-8) 

Article 5 :

Domicile - Place of residence

There are 3 conditions:

• Domicile and born in India.
• Domicile and either parent born in India.
• Living 5 years before 26 January 1950.

Article 6 :

Migrated from Pakistan

• Anyone who migrated to India before July 19,1948 would automatically become on  Indian citizenship if either of his parents or grandparents was born in India.
• But those who entered India after this date needed to register themselves.

Article 7 :

Migrated to Pakistan then returned to India

• Went to Pakistan after March 1,1947 but returned to India and lived in India for 6 months.
• Registration should be before 26 January 1950.
• If not registered before 26 January 1950 the Citizenship Act, 1955.

Article 8 :

Person of Indian Origin 

• Any Person of Indian Origin (POI) residing outside India who, or either of whose parents or grandparents were born in Indian could register himself or herself as an Indian citizen with an Indian diplomatic Mission.

Article 9 :

No longer a citizen of India

• Any person voluntarily acquired citizenship foreign state will longer be a citizen of India.
• before commencement 5/6/8 Articles.

Article 10 :

Continuance citizenship

• Continuance & Indian citizenship. 
• Subject to laws passed by Parliament.

Article 11 :

Parliament to Regulate the Right of Citizenships 

• Parliament has the power to regulate the right of citizenship.
•  Under Home Ministery (MoHA).

The Citizenship Act, 1955

Acquisition of Citizenship

1. By Birth

• born in India on or after 26 January 1950 and before 1 July 1987. (Irrespective of the nationality of his parents).
• born in India on or after July 1, 1987. (If either of his parents is a citizen of India at the time of his birth). 
• born in India on or after. December 3, 2004. (If both of their parents are citizens or one of whose parents is a  citizen of India and the other is not an illegal migrant at the time of their birth).
• Children of foreign diplomats posted in India and enemy aliens can not acquire Indian citizenship by birth.

2. By Descent

• born outside India on or after January 26, 1950, but before December 10, 1992. (if father was a citizen of India at the time of his birth). 
• born outside India on or after December 10, 1992, is considered as a citizen of India. (If either of his parents is a citizen & India at the time of his birth).
• December 3, 2004, onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the central Govt, after the expiry of the said period.

3. By Registration

4. By Naturalisation

5. By Incorporation of Territory

6. Special Provisions as to Citizenship of person covered by the Assam Accord.

Persons of Indian Origin (PIO) Card

A person would be eligible for the PIO card if he:

• Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China or Afghanistan, or

• Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of Indian origin.

PIO cardholders can enter India with the multiple entry feature for fifteen years. They do not need a separate visa.

Overseas Citizen of India (OCI) Card

• OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th January 1950 or was an Indian citizen on or after that date.

• Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI cardholder does not have voting rights.

• OCI is not dual citizenship. OCI cardholders are not Indian citizens.

• The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.

• Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic matters. But they cannot acquire agricultural land in India.

Frequently Asked Questions related to Indian Citizenship

How can I get Indian citizenship?

Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship is as per the provision of the Citizenship Act, 1955. Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for 12 years (throughout the period of twelve months immediately preceding the date of application and for 11 years in the aggregate in the 14 years preceding the twelve months) and other qualifications as specified in Third Schedule to the Act.

What are the types of citizenship in India?

According to the Ministry of Home Affairs, there are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under sections 3, 4, 5(1) and 5(4) of the Citizenship Act, 1955.

Does India allow dual citizenship?

The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High-Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI).

Is NRC bill passed in India?

The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.

Hope this article helps you to find your answer.

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