Citizenship

• Meaning and Significance

  • India has two categories of people: citizens and aliens.

  • Citizens: Full members of the state, owe allegiance, enjoy all civil and political rights.

  • Aliens: Citizens of another state, do not enjoy all civil and political rights.

    • Friendly Aliens: From countries with cordial relations.
    • Enemy Aliens: From countries at war with India; enjoy fewer rights (e.g., no protection against arrest and detention under Article 22).

• Rights and Privileges Conferred on Indian Citizens

  • Against discrimination (Article 15).
  • Equality of opportunity in public employment (Article 16).
  • Freedom of speech, expression, etc. (Article 19).
  • Cultural and educational rights (Articles 29 and 30).
  • Right to vote in Lok Sabha and state legislative assembly elections.
  • Right to contest elections to Parliament and state legislatures.
  • Eligibility to hold public offices like President, Vice-President, judges of Supreme and High Courts, Governors, Attorney General, and Advocate General.

• Duties of Citizens

  • Paying taxes.
  • Respecting the national flag and anthem.
  • Defending the country.

• Eligibility for President's Office

  • In India, both citizens by birth and naturalized citizens are eligible.
  • In the USA, only citizens by birth are eligible.

• Single Citizenship

  • India follows single citizenship (Indian citizenship only) despite being a federal state. Allegiance is only to the Union.
  • No separate state citizenship.
  • Contrast with USA and Australia, which have dual citizenship (national and state).
  • Dual citizenship in the USA entails allegiance to both national and state governments, with dual sets of rights, but can cause discrimination.

• Exceptions to Non-Discrimination Rule

  • Parliament can prescribe residence as a condition for certain state/UT employments (Article 16).
  • States can provide special benefits to residents in matters not covered by constitutional rights (e.g., education fee concessions).
  • Freedom of movement/residence (Article 19) is subject to protecting the interests of Scheduled Tribes.
  • Until 2019, Jammu and Kashmir legislature could define permanent residents and confer special rights to them regarding employment, property, settlement, and scholarships. Special status was abolished in 2019.

• Constitutional Provisions

  • Articles 5-11 in Part II deal with citizenship.
  • Constitution identifies citizens at commencement (January 26, 1950) but empowers Parliament to legislate on acquisition/loss of citizenship.
  • The Citizenship Act, 1955, was enacted and has been amended.

• Categories of Persons Becoming Citizens at Commencement:

  1. Domiciled in India and fulfilled one of these conditions:
     • Born in India
     • Either parent born in India
     • Ordinarily resident in India for 5 years before the Constitution
  2. Migrated from Pakistan, if they or their parents/grandparents were born in undivided India, and fulfilled one of these conditions:
     • Migrated before July 19, 1948: Ordinarily resident since migration.
     • Migrated on or after July 19, 1948: Registered as citizen after 6 months of residency.
  3. Migrated to Pakistan after March 1, 1947, but returned for resettlement, resident for six months before application.
  4. Born in undivided India, residing outside India, registered as a citizen by Indian diplomatic/consular representative.

• Other Constitutional Provisions:

  • No citizenship if voluntarily acquired citizenship of a foreign state.
  • Citizenship continues subject to parliamentary law.
  • Parliament has power to legislate on citizenship acquisition/termination.

• Citizenship Act, 1955

  • Provides for acquisition and loss of citizenship post-Constitution.
  • Originally included Commonwealth Citizenship (repealed in 2003).

• Acquisition of Citizenship (Five Ways)

  1. By Birth:
     • Born in India between Jan 26, 1950, and July 1, 1987: Citizen irrespective of parents' nationality.
     • Born between July 1, 1987, and Dec 3, 2004: Citizen if either parent is a citizen.
     • Born on/after Dec 3, 2004: Both parents must be citizens, or one parent citizen and the other not an illegal migrant.
     • Children of foreign diplomats and enemy aliens cannot acquire citizenship by birth.
  2. By Descent:
     • Born outside India between Jan 26, 1950, and Dec 10, 1992: Citizen if father was a citizen at the time of birth.
     • Born after Dec 10, 1992: Citizen if either parent was a citizen.
     • Born after Dec 3, 2004: Birth must be registered at an Indian consulate within one year (or with permission). Must undertake not to hold another passport.
     • Minor with dual citizenship must renounce other citizenship upon attaining full age.
  3. By Registration: Central Government may register:
     • Person of Indian Origin (PIO) resident in India for 7 years.
     • PIO resident outside undivided India.
     • Married to an Indian citizen and resident in India for 7 years.
     • Minor children of Indian citizens.
     • Person of full age whose parents are registered as citizens.
     • Person of full age who was earlier citizen of independent India and resident in India for 12 months.
     • Person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.
       • A person is considered of Indian origin if they or either of their parents/grandparents were born in undivided India or territory that became part of India after August 15, 1947. All applicants must take an oath of allegiance.
  4. By Naturalization: Central Government may grant certificate if the person:
     • Is not a citizen of a country preventing Indians from naturalizing.
     • Renounces their existing citizenship.
     • Has resided/served in India for 12 months preceding application.
     • Has resided/served in India for 11 years during the 14 years preceding the 12 months. The Citizenship (Amendment) Act, 2019, has reduced this aggregate period of residence or service of Government in India to not less than five years for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan.
     • Is of good character.
     • Has adequate knowledge of a language in the Eighth Schedule.
     • Intends to reside/serve in India.
     • Government may waive conditions for distinguished service in science, philosophy, art, literature, world peace, or human progress.
  5. By Incorporation of Territory: Government specifies persons from the territory who become Indian citizens.

• Special Provisions (Assam Accord):

  • Citizenship (Amendment) Act, 1985, added provisions for persons covered by the Assam Accord.
    • Persons of Indian origin who came to Assam before January 1, 1966, from Bangladesh are deemed citizens from January 1, 1966.
    • Those who came between Jan 1, 1966, and March 25, 1971, register themselves and are deemed citizens after 10 years from detection as foreigners (with limited rights in the interim).

• Special Provisions as to Citizenship of Persons Migrated from Afghanistan, Bangladesh or Pakistan

  • The Citizenship (Amendment) Act, 2019, added the following special provisions as to the citizenship of migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered into India on or before December 31, 2014
    • The Central Government may grant a certificate of registration or certificate of naturalisation to such a person on the fulfilment of the specified conditions for registration or qualifications for naturalisation. Such a person who has been granted the certificate of registration or certificate of naturalisaiton shall be deemed to be a citizen of India from the date of his/her entry into India.
    • Any proceeding pending against such a person in respect of illegal migration or citizenship shall stand abated on the conferment of citizenship to him.
    • These special provisions are not applicable to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.
    • Before the enactment of the Citizenship (Amendment) Act, 2019, the migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered into India without valid passport and other travel documents or if the validity of their passport and other documents had expired were regarded as illegal migrants and were ineligible to apply for Indian citizenship under the provisions (registration or naturalisaiton) of the Citizenship Act, 1955.
    • In 2015, the Central Government exempted the said migrants from the adverse penal consequences of the passport (Entry into India) Act, 1920 and the Foreigners Act, 1946. Sub-sequently, in 2016, the Central Government also made them eligible for long term visa to stay in India.

• Loss of Citizenship (Three Ways)

  1. Renunciation: Voluntary declaration by a person of full age and capacity. Minor child also loses citizenship (but can resume it within one year of attaining 18 years). Registration may be withheld during wartime.
  2. Termination: Automatic when an Indian citizen voluntarily acquires citizenship of another country (not applicable during war).
  3. Deprivation: Compulsory termination by the government if:
     • Citizenship obtained by fraud.
     • Disloyalty to the Constitution.
     • Unlawful trading/communication with the enemy during war.
     • Imprisonment for 2 years within 5 years of registration/naturalization.
     • Continuous ordinary residence outside India for 7 years.

• Overseas Citizenship of India (OCI)

  • Government set up a High Level Committee in 2000 to study the Indian Diaspora.
  • Citizenship (Amendment) Act, 2003, provided for OCI for PIOs of specified countries.
  • Citizenship (Amendment) Act, 2005, expanded OCI to PIOs of all countries except Pakistan and Bangladesh.
  • OCI is not dual citizenship.
  • The Citizenship (Amendment) Act, 2015, has introduced a new scheme called "Overseas Citizen of India Cardholder" by merging the PIO card scheme and the OCI card scheme.
  • The PIO card scheme was rescinded w.e.f. January 9, 2015 and it was also notified that all existing PIO cardholders shall be deemed to be OCI cardholders w.e.f. January 9, 2015.

• Registration of Overseas Citizen of India Cardholder

  • The Central Government may register as an overseas citizen of India cardholder

• Conferment of Rights on Overseas Citizen of India Cardholder

  • An overseas citizen of India cardholder shall be entitled to such rights, as the Central Government may specify in this behalf.

• Renunciation of Overseas Citizen of India Card

  • Any overseas citizen of India cardholder can make a declaration renouncing his/her overseas citizen of India

• Cancellation of Registration as Overseas Citizen of India Cardholder

  • The Central Government may cancel the registration of a person as an overseas citizen of India cardholder, if it is satisfied that