Citizenship, Meaning, Provisions, Acts, Termination, Acquisition

Citizenship is the status of a person who is recognized through custom or law as a legitimate member of a sovereign state or nation. A nation grants certain rights and privileges to its citizens. The Indian Constitution establishes a single citizenship for all of India. Although the term citizenship is not officially defined in the Constitution, Articles 5-11 outline the framework for citizenship at the time of commencement of the Constitution.

The Citizenship Act, of 1955deals with matters relating to the acquisition, determination, and termination of Indian citizenship after the commencement of the Constitution.

About Indian Citizenship

The Constitution established a uniform type of citizenship known as national citizenship, eliminating the need for distinct state-based citizenship.

• Citizen of India: Every person who was domiciled in Indian territory at the time of the Constitution's commencement (January 26, 1950) and (a) was born in India, (b) either of his or her parents was born in India, or (c) had been ordinarily resident in India for at least five years became an Indian citizen.
• Citizens and non-citizens (aliens): The population of a state is divided into two categories: 
  • Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
  • Aliens, are the citizens of some other state and hence, do not enjoy all the civil and political rights. They are of two categories:
    • Friendly aliens are citizens of countries that have friendly relations with India. 
    • Enemy aliens are subjects of the country at war with India.
• Rights granted to Citizens of India:
  • Article 15: Right against discrimination on grounds of religion, race, caste, sex, or place of birth.
  • Article 16: Right to equal opportunities in public employment.
  • Article 19: Right to freedom of speech and expression, assembly, association, movement, residence and profession.
  • Articles 29 and 30: Cultural and educational rights.
  • Right to vote and right to contest elections.
  • Eligibility to hold certain public offices, such as President of India, Vice-President of India, etc.
• Duties of Citizens: They are obligations of citizens to carry certain duties. The Indian constitution in Part IV-A outlines 11 Fundamental Duties to promote patriotism and strengthen unity among its citizens.
• Single Citizenship: Despite its federal structure, India does not provide dual citizenship, unlike the U.S.A. There is only single citizenship i.e. Indian citizenship. However, the Indian Constitution does not define citizenship.
• National Register of Citizens (NRC): The NRC is the register containing names of Indian citizens. The only time the NRC was prepared was in 1951 by recording particulars of all the persons enumerated during the 1951 Census.
  • NRC in Assam:  At present, only Assam has such a register. The citizens’ register sets out to identify foreign nationals in the state that borders Bangladesh.

Citizenship Provisions (Article 5-11)

The Constitution deals with citizenship from Articles 5 to 11 under Part II. The Indian constitution doesn’t prescribe a permanent provision relating to citizenship in India. 

• It exclusively identifies those who became citizens of India on its inception (January 26, 1950). 
  • It does not address the issue of acquiring or losing citizenship after its inception.
• It authorises Parliament to enact legislation to address such issues as well as any other citizenship-related issues.
  • As a result, the Parliament enacted the Citizenship Act of 1955, which has been revised from time to time. 
• The latest constitutional amendment was in the 2019, Citizenship (Amendment) Act (CAA) of 2019, which aims to grant citizenship to illegal migrants from Afghanistan, Bangladesh, and Pakistan who belong to the Hindu, Sikh, Buddhist, Jain, Parsi, and Christian faiths.
• Articles 5-11 of the Indian constitution are as follows: 

Acquisition of Citizenship

The acquisition and termination of Indian citizenship is governed by the provisions of the Citizenship Act, 1955, and Citizenship Rules, 2009. The following are the ways to acquire Indian citizenship.

Loss of Citizenship

The Citizenship Act (1955) stipulates three means of losing citizenship, whether gained under the Act or before it under the Constitution, that are: renunciation, termination, and deprivation.

• Renunciation: Any Indian citizen can renounce his/her citizenship by making a declaration as per Citizenship Rules, 2009. However, a child may, within one year after attaining full age resume Indian Citizenship.
  • According to government data, over 16 lakh Indians have renounced their Indian citizenship since 2011 including 2,25,620 people in 2023.
• Termination: If an Indian citizen willingly acquires citizenship in another nation, his or her Indian citizenship is terminated. This provision is not applicable during times of war.
• Deprivation: It is a compulsory termination of citizenship in India by the central government. A citizen of India by naturalization, registration, domicile, and residence may be deprived of his citizenship under certain conditions such as obtaining the citizenship by fraud, showing disloyalty to the Constitution of India, unlawfully communicating with the enemy during a war, etc.

Overseas Citizenship of India

Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses. It grants them the ability to live and work in India indefinitely. However, OCI is not to be misconstrued as 'dual citizenship'.

• Benefits: OCI status allows individuals certain privileges such as multiple entries into India without requiring a visa, the ability to own property in India, and the right to work in certain fields. 
  • However, OCI holders are not eligible to vote, hold public office, or acquire agricultural or plantation properties in India. It is designed to facilitate closer ties between the Indian diaspora and India.
  • Renunciation of overseas citizenship: Any OCI of full age and capacity makes a declaration renouncing his overseas citizenship of India. However, every minor child of that person registered as an OCI, shall thereupon cease to be an overseas citizen of India.
  • Cancellation of registration as OCI: The Central Government may, by order, cancel the registration granted if the registration was obtained through fraud, a person showed disaffection towards the Constitution of India, engaged with the enemy during any war in which India may be engaged, etc.
• NRI: Non-Resident Indian Indian origin who reside outside of India for employment, business, or other purposes, but maintain strong ties to India, often including family, property, or investments.
• PIO: A PIO is a person who was an Indian national or whose ancestors were Indian nationals and who now holds citizenship/nationality in another country, i.e. he/she has a foreign passport. 

Citizenship UPSC UPSC PYQs

Question 1: With reference to India, consider the following statements: (UPSC Prelims 2021)

1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. 1 and 3
4. 2 and 3

Answer: (a)

Citizenship FAQs

Q1. What are the ways to acquire citizenship in India?

Ans. Indian citizenship can be acquired by birth, descent, registration, and naturalization.

Q2. Who is called the first citizen of India?

Ans. The president, the nominal head of the executive is the first citizen of the country

Q3. What are the provisions of the Citizenship (Amendment) Act, 2019?

Ans. The Citizenship (Amendment) Act, 2019 grants Indian citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who arrived in India on or before December 31, 2014. 

Q4. Who is exempted from the Citizenship (Amendment) Act, 2019?

Ans. CAA does not apply to autonomous councils constituted under the 6th Schedule of the Constitution. Areas, where the Inner Line Permit (ILP) is required for a visit by people from other parts of the country in Northeastern states, are excluded from the law.

Q5. Will the applicant lose his citizenship after registering as an OCI? 

Ans. Any applicant does not lose his citizenship after registering as an OCI. Loss of foreign citizenship is not an issue because only nationals of countries that allow dual citizenship under local laws in some form or another are eligible to apply for registration as OCI.