Citizenship is a relationship between an individual and a state to which he or she owes loyalty and is thus legally protected. Citizenship entails a state of liberty as well as responsibilities. Articles 5 to 11 of the Indian Constitution address Indian citizenship.
The Definition of Citizenship
- The term “citizenship” refers to a person’s relationship with the government.
- Like any other modern state, India has two types of citizens: citizens and aliens.
- Citizens are full members of the Indian State and must follow its laws. They have the right to exercise their civil and political liberties.
- Because it excludes non-citizens, citizenship is an exclusionary concept.
Importance of Citizenship
- Citizens of a country are granted a variety of benefits and rights. Without citizenship, a person is stateless. Being a recognized citizen of a country confers benefits such as the right to vote, the right to run for office, the right to hold constitutional positions, the right to social security, the right to health care, the right to permanent residency, the right to own land, and so on.
- Elections are only open to citizens.
- Citizens can only hold constitutional positions in the country, such as President, Vice President, Governor, Ministers, Judges, and so on.
- Citizens can only benefit from government schemes designed specifically for Indian citizens.
Certain fundamental rights are only available to citizens:
| Fundamental rights available to both citizens and foreigners(except enemy aliens) | Fundamental Rights available only to citizens and not to foreigners |
| Equality before the law and equal protection of laws (Article 14) | Prohibition of discrimination on grounds of religion, race, sex, caste or place of birth (Article 15) |
| Protection in respect of conviction for offenses (Article 20) | Equality of opportunity in matters of public employment (Article 16) |
| Protection of life and personal liberty (Article 21) | Protection of six rights regarding freedom (Article 19) |
| Right to elementary education (Article 21A) | Protection of language, script, and culture of minorities (Article 29) |
| Protection against arrest and detention in certain cases (Article 22) | Right of minorities to establish and administer educational institutions (Article 30) |
Citizenship before the commencement of the Constitution
- People who were domiciled in India on November 26, 1949, automatically became citizens of India upon the commencement of the Constitution.
- Indian citizens are those born in India on or after January 26, 1950, but before July 1, 1987.
Indian Citizenship: Constitutional Provision
- Citizenship is on the Union List of the Constitution and thus under the sole control of Parliament.
- Part 2 of the Constitution does not define the term “citizen,” but it does describe the various types of people who are eligible for citizenship (Articles 5 to 11).
- Unlike other provisions of the Constitution, which went into effect on January 26, 1950, these articles took effect on November 26, 1949, the day the Constitution was signed.
Article 5
- Citizenship was granted to all persons born and raised in India under Article 5.
- People who lived in India but were not born there but had one of their parents born there were also considered citizens.
- Anyone who had lived in India for more than five years could apply for citizenship.
Article 6
- It granted citizenship rights to certain Pakistani migrants to India under Article 6.
- Article 6 stated that anyone who migrated to India prior to July 19, 1949, automatically became an Indian citizen if one of his parents or ancestors was born in India.
- Those who arrived in India after this date, however, were required to register.
Article 7
- It granted certain Pakistani migrants the right to citizenship.
- Those who migrated to Pakistan after March 1, 1947, and later returned on resettlement permits were considered citizens.
- The law was more lenient toward those who migrated from Pakistan and were referred to as refugees than those who were stranded in Pakistan or went there but decided to return soon.
Article 8
- It granted the right to citizenship to certain Indians living outside of India.
- Any Person of Indian Origin residing outside India who was born in India, or either of his or her parents or grandparents, could register with the Indian Diplomatic Mission as an Indian citizen.
Article 9
- It states that a person who voluntarily obtains the citizenship of a foreign state is no longer a citizen of India.
Article 10
- It states that any person who is or is deemed to be a citizen of India under any of the preceding provisions of this Part shall continue to be such a citizen, subject to any law made by Parliament.
Article 11
- It empowers Parliament to make any provision regarding the acquisition and termination of citizenship, as well as all related matters.
Acts and Amendments Concerning Indian Citizenship
The Citizenship Act of 1955: Acquisition of Citizenship
Citizenship as an Indian can be obtained in the following ways:
Citizenship granted by birth:
- Children born on or after July 1, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003, are Indian citizens, as are all persons born in India on or after January 26, 1950, but before July 1, 1987. If either of his parents is a citizen of India at the time.
- When the Citizenship (Amendment) Act, 2003 takes effect, a child whose parents are Indian at the time of birth or either of them is an Indian citizen at the time of birth and the other is not an illegal migrant is deemed to be an Indian citizen.
Citizenship by descent:
- A person born outside of India between January 26, 1950, and December 10, 1992, must have had a father who was an Indian citizen at the time of his birth.
- At the time of a child’s birth outside the country on or after December 10, 1992, either parent must be an Indian citizen.
Citizenship by registration:
- A person of Indian ancestry who has spent at least seven years in India before applying for citizenship.
- A person who has been married to an Indian citizen for at least seven years before applying for citizenship.
- Minor children of Indian citizens.
Citizenship is obtained through naturalization:
- Residing in the country in question for an extended period.
- Do not be a citizen of any country in which Indians are not granted citizenship through naturalization.
- Giving up citizenship in other countries and accepting Indian citizenship.
- Should be fluent in any of the languages listed in the Eighth Schedule.
- Be a good person.
- It is exempted under a special provision that if a person has done exceptional work in the fields of science, philosophy, art, literature, world peace, or human development, he can obtain citizenship through naturalization without meeting the above requirements.
Incorporation of a territory (by the Government of India):
- If any new territory is added to India’s territory or if it is taxed. Sikkim, for example, joined India in 1974. As a result, if the people of Sikkim become Indian citizens, the Indian government will make certain that the people of that region do as well.
- The act has been amended four times: in 1986, 2003, 2005, and 2015.
The Citizenship Act, 1955: Termination
Citizenship can be revoked in three ways, according to the Act:
Renunciation:
- Any Indian citizen who is also a national of another country who renounces his Indian citizenship through a declaration in the prescribed manner ceases to be an Indian citizen.
- When a man loses his Indian citizenship, his minor children also lose their Indian citizenship.
- Such a child, however, may become an Indian citizen within one year of reaching full age by submitting a declaration of intent to reclaim Indian citizenship.
Termination:
- An Indian citizen’s citizenship can be revoked if he or she adopts the citizenship of another country knowingly or voluntarily.
Deprivation:
- The Indian government may deprive a person of his citizenship in some cases. This, however, does not apply to all citizens.
- It only applies to citizens who obtained citizenship through registration, naturalization, or under Article 5 Clause (c) (which is citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution).
Citizenship (Amendment) Bill 2019
- Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan would be permitted to remain in India if they arrived before December 14, 2014.
- It also cuts the time it takes to become a citizen from 11 to 6 years.
- According to two notifications, these migrants were also exempted from the Passport Act and the Foreigners Act.
- A large number of Assamese organizations have spoken out against the Bill, which could grant citizenship to illegal Bangladeshi Hindu migrants.
- The bill’s justification is that Hindus and Buddhists are minorities in Bangladesh who fled to India to avoid religious persecution, but Muslims are the majority in Bangladesh and cannot be lumped in with them.
Concept of Dual Citizenship
- Dual citizenship is a legal recognition in which an individual is considered a citizen of more than one country at the same time under the laws of those countries. There is no established convention for determining a person’s nationality or citizenship status. This is defined solely by laws, which can differ and contradict one another. Countries with dual citizenship arise as a result of different countries’ use of different, and not necessarily mutually exclusive, citizenship criteria.
- A person with multiple citizenship is generally entitled to the same citizenship rights in each country where they hold citizenship, such as the right to a passport, the right to stay in the country, the right to work, the right to own property, and the right to vote.
The Advantages of Dual Citizenship
Global Mobilization:
- Only a few passports allow you to travel to any location, which can be very restrictive. This makes travel more difficult by necessitating the acquisition of travel visas. Obtaining a second passport can help to solve this problem by increasing mobility and eliminating bureaucratic systems.
Businesses:
- Obtaining second citizen status opens the door to a plethora of opportunities and simplifies the completion of business transactions that would otherwise be unavailable or difficult to obtain following the issuance of an original passport.
Security:
- Having a second passport that allows you to leave the country gives you peace of mind. You have a contingency plan in place in case of social, economic, or political unrest in your own country.
Quality:
- Depending on the passport you obtain, you may gain access to global healthcare and education, as well as a better lifestyle overall.
- High-net-worth individuals can maximize their potential simply by gaining access to greater opportunities in another country through Dual Citizenship. This includes planning for your future, whether it is through healthcare, education, or a better way of life.
Dual Citizenship Eligibility
- Several factors should be considered before applying for dual citizenship. Depending on the country, the eligibility criteria may differ.
- Applicants must meet the criteria outlined above to obtain Indian citizenship.
- Individuals who have resided in India for at least seven years are eligible to apply for Indian citizenship.
- Individuals who marry into an Indian family can also obtain Indian citizenship.
- An adult who inherited Indian citizenship from his or her parents may qualify for Indian citizenship. They must, however, have spent at least a year in India.
- A person has been registered as an Indian overseas citizen for the past five years.
- Many countries permit dual citizenship. To be exact, 64 states worldwide permit dual citizenship throughout the world.
Dual citizenship in India
- The Indian constitution makes no mention of dual or multiple citizenship. An Indian, on the other hand, can obtain a second passport from a specific country. They must, however, give up their Indian citizenship.
- The Passports Act of 1967 requires all Indian residents who acquire the nationality of another country to surrender their passports to the nearest embassy. Indians must obtain Overseas Citizens of India (OCI) status after obtaining foreign citizenship.
- Some of the requirements for dual citizenship are as follows:
- Individuals who knowingly and willingly seek foreign citizenship in violation of Articles 5, 6, and 8 will lose their Indian citizenship.
- They will accept the nationality of the foreign state from which the citizenship request was made.
- Individuals can apply for an OCI card even though there are no rules in India regarding dual citizenship. This will provide numerous benefits.
Documents required for dual citizenship applications
- Proof of current citizenship
- A duplicate of the canceled passport is required in addition to the original. This passport requires a drill stamp.
- Evidence at home Information about an applicant’s current and previous job positions
- Photocopies of PIO cards must be submitted by PIO cardholders.
Conclusion
- However, just because the United States allows for dual citizenship does not mean that other countries of origin do as well. Some countries, such as China and India, will not recognize your naturalized American status on their soil. When you become a citizen of the United States, you may automatically lose your citizenship in those countries. Before applying for US citizenship, it is critical to understand dual citizenship countries and the rules that apply in each country of origin.
Citizens of India have the following constitutional rights that aliens do not:
- Some Fundamental Rights, such as, are exclusive to citizens. Arts. 15, 16, 19, 29, and 30 are exclusively available for Indians.
- Certain offices, such as President, Vice-President, Supreme Court or High Court Judge, Attorney-General, Governor of a State, and Advocate-General, are only open to citizens [Art. 165].
- Citizens also have the right to vote in elections to the House of the People (of the Union) and the Legislative Assembly of each State [Art. 326], as well as the right to become a member of Parliament and the Legislature of a State.
- All of the above rights are denied to aliens, whether friendly or hostile. However, ‘enemy aliens’ have a special disadvantage; they are not entitled to the procedural provisions in Art. 22 relating to arrest and detention. An alien enemy includes not only subjects of a state at war with India but also Indian citizens who live in or trade with such a state of their own volition.
- The Constitution, on the other hand, did not intend to establish a permanent or comprehensive law governing citizenship in India. It simply described the classes of people who would be deemed to be the statutory basis of citizens of India on the date of Citizenship in the Constitution’s commencement and left the entire law of citizenship to be regulated by some future law made by Parliament.
- Following the commencement of the Constitution, Parliament enacted the Citizenship Act, which made elaborate provisions for the acquisition and termination of citizenship. The provisions of this Act are to be read in conjunction with the provisions of Part II of the Constitution to obtain a complete picture of Indian citizenship law.
- Given that the Act of Parliament only addresses the modes of acquiring citizenship after the commencement of the Constitution, it would be more convenient to address them separately.
National Register of Citizenship (NRC)
- The National Register of Citizens, 1951 is a register prepared following the 1951 Census for each village, showing the houses or holdings in serial order and indicating the number and names of people living in each house or holding.
- The NRC was only published once in 1951.
- The 1951 NRC and the 1971 Electoral Roll are referred to as Legacy Data (up to midnight on March 24, 1971).
- Those whose names appear on these documents, as well as their descendants, are granted Indian citizenship.
Indian Diaspora
- The Diaspora is a group of people who either have Indian ancestors or are Indian citizens living abroad, either temporarily or permanently.
- Non-resident Indians (NRIs), Persons of Indian Origin (PIOs), and Indian Overseas Citizens (OCIs) are all included (OCI).
- In 2015, PIO and OCI cardholders were merged into the OCI category.
- During British rule, indentured laborers from India were sent to former colonies such as Fiji, Kenya, and Malaysia (also known as the Girmitiya people).
- Today, the Indian diaspora numbers over 20 million people, reflecting the rich social, ethnic, and cultural tapestry of their homeland.
Non-Resident Indian
- An Indian citizen who normally resides outside of India and possesses an Indian passport.
- If a person is not in India for 182 days or more during the fiscal year, or if he or she is in India for less than 365 days in the four years preceding that year and less than 60 days in that year, he or she is considered an NRI.
PIO Card (Persons of Indian Origin)
- A person is eligible for the PIO card if he or she meets the following criteria:
- Is of Indian descent and a citizen of a country other than Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China, or Afghanistan, or has previously held an Indian passport, or is married to an Indian citizen or a person of Indian heritage.
- PIO cardholders have unlimited entry into India for the next fifteen years. They do not require a second visa.
Overseas Citizen of India (OCI) Card
- The OCI Card is for people living outside of India who were eligible for Indian citizenship on or after January 26, 1950, or who were already citizens of India.
- Citizens of Pakistan and Bangladesh are not eligible for the OCI Card. An OCI cardholder does not have voting rights.
- Dual citizenship is not the same as OCI. OCI cardholders are not Indian citizens.
- The OCI Card is a multi-entry visa that allows you to visit India for the rest of your life.
- People with OCI Cards have the same rights as NRIs in terms of financial, educational, and economic considerations. They are, however, unable to obtain agricultural land in India.
Difference between NRI, PIO, and OCI Cardholder
| Elements of Comparison | Non-Resident Indian (NRI) | Person of Indian Origin (PIO) | OCI cardholder |
| 1. Who? | An Indian citizen who is ordinarily residing outside India and holds an Indian Passport | A person whose ancestors were Indian national and who is presently holding another country’s citizenship/ nationality i.e., he/she is holding a foreign passport | A person registered as an Overseas Citizen of India (OCI) Cardholder under section 7A of the Citizenship Act, 1955 |
| 2. Who is eligible? | – | – | The following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder: Who was a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or Who was eligible to become a citizen of India on 26.01.1950; or Who belonged to a territory that became part of India after 15.08.1947; or Who is a child or a grandchild or a great-grandchild of such a citizen; or Who is a minor child of such persons mentioned above; or Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application. |
| 3. How can one get? | – | – | Eligible persons to apply online. |
| 4. Which nationals are ineligible? | – | – | No person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder. |
| 5. What benefits one is entitled to? | All benefits as available to Indian citizens subject to notifications issued by the Government from time to time | No specific benefits | Multiple entry lifelong visa for visiting India for any purpose (However OCI Cardholders will require special permission to undertake research work in India for which they may submit the application to the Indian Mission/ Post/ FRRO concerned). Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India. Parity with Non-Resident Indians (NRIs) in respect of all facilities available to them in economic, financial, and educational fields except in matters relating to the acquisition of agricultural or plantation properties. Registered Overseas Citizen of India Cardholder shall be treated at par with Non- Resident-Indians in the matter of inter-country adoption of Indian children. Registered Overseas Citizen of India Cardholder shall be treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India. Registered Overseas Citizen of India Cardholder shall be charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India. Parity with Non-Resident Indians (NRI) in respect of:- (A) entry fees to be charged for visiting the national monuments, historical sites and museums in India; (B) Pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:- doctors, dentists, nurses and pharmacists; advocates, architects, chartered accountants (C) to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts. State Governments should ensure that the OCI Cardholder registration booklets of OCI Cardholders are treated as their identification for any services rendered to them. In case proof of residence is required, the Overseas Citizens of India Cardholder may give an affidavit attested by a notary public stating that a particular/specific address may be treated as their place of residence in India. |
| 6. Does he/she require a visa to visit India | No | Yes | Can visit India without visa for lifelong |
| 7. Is he/she required to register with the local police authorities in India? | No | Yes if the period of stay is for more than 180 days | No |
| 8. What activities can be undertaken in India? | All activities | Activity as per the type of visa obtained | All activities except research work for which special permission is required from the Indian Mission/ Post/FRRO concerned |
| 9. How can one acquire Indian citizenship? | He/she is an Indian citizen | As per section 5(1)(a) & 5(1)(c) of the Citizenship Act, 1955, he/she has to be ordinarily resident in India for 7 years before making an application for registration. | As per section 5(1)(g) of the Citizenship Act, 1955, a person registered as an OCI cardholder for 5 years and who is ordinarily resident in India for twelve months before making an application for registration is eligible for a grant of Indian citizenship. |
Citizenship in India: Various Scenarios in Assam
- Assam experienced large-scale illegal migration from former East Pakistan and, after 1971, current-day Bangladesh in the 1970s. This sparked a six-year-long Assam movement to deport illegal migrants. The All Assam Students’ Union (AASU) led the movement to update the NRC and deport all illegal migrants who entered Assam after 1951.
- The Assam Movement against illegal immigration culminated in the historic Assam Accord of 1985, which was signed by Movement leaders and the Rajiv Gandhi government. It established March 25, 1971, as the deadline for deporting illegal migrants from northeast India.
- Section 6A (Identification of Foreigners) was to be carried out by the Illegal Migrants (Determination by Tribunal) Act of 1983, which was only applicable in Assam, and the Foreigners Act of 1946. On the petition of Sarbananda Sonowal, the Supreme Court declared the Act unconstitutional and overturned it in 2005.
- The Foreigners (Tribunals for Assam) Order, 2006, eventually replaced it, but it was overturned again in 2007.
- The court ruled in the IMDT case that geographically based classification violated Article 14’s right to equality.
Conclusion
- Giving a six-year residency concession solely on religious grounds is contrary to secularist principles. India, as a country that adheres to the ideology of ‘Vasudhaiva Kutumbakam,’ should not be hasty in making decisions that may deprive her citizens of their constitutional rights, thus contradicting centuries-old values.
- The Union Government must chart a course of action regarding the fate of excluded people from Assam’s final NRC, and political parties must refrain from tainting the entire NRC process with electoral considerations. An overly legal approach will only exacerbate feelings of insecurity, insecurity, and anxiety.
Frequently Asked Questions (FAQs)
FAQ: How can I become a citizen of a different country?
Answer: The process of becoming a citizen of another country typically involves meeting specific eligibility criteria, such as residing in the country for a certain period, demonstrating proficiency in the language, and fulfilling any other requirements set by the immigration authorities. Common pathways include naturalization, marriage to a citizen, or investment programs. It is crucial to research and adhere to the specific regulations of the country you are interested in.
FAQ: Can I hold dual citizenship in different countries?
Answer: Dual citizenship, or the ability to hold citizenship in two or more countries simultaneously, is allowed in some countries but not in others. The rules regarding dual citizenship vary widely, so it’s essential to check the specific laws of the countries involved. Some nations automatically grant citizenship to individuals born on their soil, while others require renunciation of previous citizenships. It is advisable to seek legal advice and consult with the relevant authorities to understand the implications and possibilities of dual citizenship.
FAQ: What is the difference between citizenship and residency?
Answer: Citizenship and residency are distinct legal statuses. Citizenship signifies membership in a particular country and comes with rights and responsibilities, such as the right to vote and the duty to obey the country’s laws. Obtaining citizenship often involves a formal process, like naturalization. On the other hand, residency simply means living in a country for a specified period. Residency grants individuals certain rights within that country but doesn’t confer full citizenship status. The requirements for obtaining residency vary and may involve factors such as employment, investment, or family ties.
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