Eleanor Finch
Citizenship is a legal status that establishes a person's relationship with a nation, categorising them as either a citizen or an alien. The Indian Constitution, which came into effect on 26 January 1950, provides a single citizenship for the entire country. The Citizenship Act, 1955, outlines the procedures for acquiring Indian citizenship and has been amended several times. Indian citizenship can be acquired through birth, descent, registration, and naturalisation, but dual citizenship is not permitted.
Characteristics and Values of Citizenship in the Indian Constitution
| Characteristics | Values |
|---|---|
| Legislation dealing with citizenship | The Citizenship Act, 1955 |
| Amendments to the Citizenship Act, 1955 | 1986, 1992, 2003, and 2005 |
| Concept of citizenship | Defines the relationship of an individual with their sovereign state |
| Categories | Citizens and aliens |
| Acquisition of citizenship | Birth, descent, registration, and naturalisation |
| Termination of citizenship | Voluntary acquisition of foreign citizenship |
| Dual citizenship | Not permitted, except for Overseas Citizenship of India |
| Citizenship by naturalisation | Granted by the Central Government upon fulfilment of conditions |
| Citizenship for residents of added territories | Granted by the Central Government from the notified date |
| Eligibility for citizenship | Domicile in India, birth in India, or residency for a specified period |
| Rights and duties | Specified in Articles 14 and 21 |
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What You'll Learn
Acquisition of Indian citizenship
Indian citizenship can be acquired in several ways, including birth, descent, registration, and naturalisation. The conditions and procedures for acquisition are outlined in the Citizenship Act, 1955, which has been amended several times.
Firstly, individuals born in India between 26 January 1950 and 1 July 1987 automatically received citizenship by birth, regardless of their parents' nationalities. Between 1 July 1987 and 3 December 2004, citizenship by birth was granted if at least one parent was an Indian citizen. After this date, both parents must be Indian citizens, or one parent must be a citizen while the other is not considered an illegal migrant.
Secondly, citizenship by descent applies to individuals with at least one Indian parent. A person born outside of India with at least one parent who is an Indian citizen may be eligible for Indian citizenship by descent.
Thirdly, citizenship by registration is an option for certain groups, such as Commonwealth citizens (until 2003) and specific religious minority communities from neighbouring countries, who benefit from a reduced residence requirement of six years. Additionally, individuals who have married an Indian citizen or have previously held an Indian passport may be eligible for this pathway.
Finally, citizenship by naturalisation is available to foreigners (excluding illegal migrants) who have been ordinarily resident in India for at least 12 years and have renounced any previous nationalities. Applicants must also demonstrate good character and knowledge of at least one language mentioned in the Eighth Schedule of the Constitution of India.
It is important to note that dual citizenship is generally prohibited in India, and acquiring foreign citizenship typically results in the automatic termination of Indian citizenship.
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Termination of Indian citizenship
Indian citizenship can be terminated in several ways, as outlined by the Citizenship Act of 1955. Firstly, a citizen of India who voluntarily acquires the citizenship of another country will automatically cease to be an Indian citizen. This provision does not apply during wartime and is at the discretion of the Indian government. In such cases, any minor children of the citizen will also lose their Indian citizenship, but they can reapply after turning 18.
Secondly, the Indian government can deprive a person of their citizenship in certain cases. This is applicable only to citizens who acquired citizenship by registration, naturalisation, or through Article 5 Clause (c), which refers to those who were domiciled in India at the commencement of the Constitution and had been ordinary residents for at least five years prior.
Thirdly, termination of Indian citizenship can occur by default if an individual engages in certain unlawful activities detrimental to the country. This includes instances where citizens have:
- Fraudulently acquired their citizenship through false representation or misinformation
- Demonstrated disloyalty or disrespect towards the Indian Constitution
- Engaged in unlawful communication or business with an enemy country during a time of war with India
- Been imprisoned in another country for more than two years within five years of obtaining Indian citizenship
- Been a resident of another country for a continuous period exceeding seven years
It is important to note that the Constitution of India guarantees certain rights to its citizens, ensuring they enjoy basic freedoms without bias until the termination of their citizenship.
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Citizenship by birth
The Indian Constitution provides for a single citizenship for the whole of India. Citizenship in India can be acquired by birth, descent, registration, and naturalisation. The Citizenship Act, 1955, deals with matters relating to the acquisition, determination, and termination of Indian citizenship. The Act has been amended several times, including in 1986, 1992, 2003, and 2005.
Since 3 December 2004, the requirements for citizenship by birth in India have become more stringent. Citizenship by birth is now only granted if both parents are Indian citizens or if one parent is a citizen and the other is not considered an illegal migrant. This change was brought about by an amendment to the Citizenship Act in 2003. It is important to note that children born overseas to at least one Indian parent are also eligible to become Indian citizens by descent, but their birth must be registered at an Indian diplomatic mission within a specified timeframe.
The acquisition of Indian citizenship by birth is automatic and does not require any specific application process. However, it is essential to possess valid proof of birth, such as a birth certificate, to establish citizenship. Additionally, in certain cases, minor children can hold dual citizenship, and Indian citizens residing in the United Kingdom may enjoy favoured status, including the right to vote and hold public office.
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Citizenship by naturalisation
Citizenship in India is defined by the relationship between an individual and the state, categorising people as either citizens or aliens. The Constitution of India provides for a single citizenship for the whole country. The Citizenship Act, 1955 is the legislation dealing with citizenship and has been amended several times.
To be eligible for naturalisation, an individual must not be an illegal migrant and must fulfil the qualifications specified in the Third Schedule of the Citizenship Act. They must also renounce any previous nationalities, as dual citizenship is prohibited. Additionally, they must be acquainted with at least one language mentioned in the 8th Schedule of the Constitution of India and bear good character.
It is important to note that the requirements for naturalisation have varied over time and may be subject to changes in the future. For example, in 2019, restrictions were relaxed for migrants from neighbouring countries belonging to certain religious groups, reducing the residence requirement to six years. This applied to persons from Afghanistan, Bangladesh, and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians and entered India before 2015.
Another example is the case of Sikkim, which was dissolved of its monarchy and acceded to India in 1975. Prior to this, Sikkim had a facilitated naturalisation pathway for non-subjects of native ancestry, allowing anyone descended from a person domiciled in Sikkim before 1850 to apply for subject status. After the accession, any person registered as a Sikkimese subject before 26 April 1975 automatically became an Indian citizen.
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Citizenship by registration
Indian citizenship is governed by the Constitution of India, which provides for multiple ways to acquire citizenship. One of the ways is "Citizenship by Registration". This method allows individuals who belong to specific categories and fulfill certain qualifications to apply for Indian citizenship. It is a discretionary power vested in the Central Government to grant citizenship to eligible persons. Here is a detailed overview of "Citizenship by Registration":
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The eligibility criteria for citizenship by registration include individuals who are of Indian origin and who have migrated to India under specific circumstances. This category includes persons who were born in India but migrated before 19 July 1948 and returned to settle in India, as well as their minor children and grandchildren. Additionally, individuals who are married to Indian citizens and have lived in India for a specified period can apply for citizenship by registration. The duration of residence required varies depending on the country of origin and the gender of the applicant.
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Certain categories of overseas citizens of India (OCI) are also eligible for citizenship by registration. This includes OCIs who have resided in India for a continuous period of five years and intend to permanently settle in the country. Minor children of OCIs who have lived in India for a specified period and intend to continue residing in India may also apply for citizenship by registration. It provides an avenue for OCIs to acquire full Indian citizenship if they meet the residency requirements and express a desire to make India their permanent home.
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The application process for citizenship by registration involves submitting relevant documents to the appropriate authorities. Applicants must provide proof of their eligibility, such as birth certificates, marriage certificates, proof of residence, and any other documents specified by the government. The authorities may also conduct interviews and verify the authenticity of the provided information. The decision to grant or reject citizenship rests with the Central Government, which considers each application carefully before making a final determination.
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It is important to note that citizenship by registration is not a guarantee, and the government has the discretion to reject applications if they do not fulfill the specified criteria or if there are concerns about the applicant's character, conduct, or potential threat to the security of the state. The process ensures that only eligible individuals who meet the necessary requirements and pose no risk to the country are granted Indian citizenship through registration.
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Frequently asked questions
Citizenship defines the relationship of an individual with their sovereign state. It includes two categories: citizens and aliens.
There are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation.
The Citizenship Act, 1955 deals with matters relating to acquisition, determination and termination of Indian citizenship. This has been amended several times, with the latest amendment being in 2005.
No, the Constitution of India does not allow dual citizenship.
OCI is a form of dual citizenship introduced by the Citizenship (Amendment) Act, 2005. It grants certain rights to foreign citizens of Indian origin, such as the permission to live and work in India, but does not include the right to vote.
