Eleanor Finch
Citizenship is the status of a person recognized under law as a legal member of a country, belonging to a nation, and bearing civil and political rights. The Constitution of India, enforced on 26 November 1949, provides a single citizenship for the whole country. It outlines the requirements for Indian citizenship, including citizenship by birth, descent, registration, and naturalization. The Constitution also addresses citizenship for those who migrated from Pakistan and those who migrated to Pakistan, as well as the concept of Overseas Citizenship of India (OCI) for former citizens and their descendants. Understanding citizenship is crucial, especially with the recent Citizenship Amendment Bill, as it impacts socio-economic progress and shapes the diverse cultural landscape of India.
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What You'll Learn
Citizenship by birth
Citizenship is the status of a person recognised by law as a legal member of a sovereign state or nation. Citizenship by birth, also known as birthright citizenship, is when a person acquires citizenship of a country by being born in it. This is also known as 'Jus Soli' in Latin, meaning 'right of the soil'.
In some countries, citizenship by birth is granted if at least one parent is a citizen of that country, even if the child is born outside of the country. For example, in the United States, a child born abroad can obtain citizenship at birth if they meet several requirements, including having at least one parent who is a US citizen and has resided in the US for a continuous period of one year at any time before the child's birth. Similarly, in France, a child born to a French parent abroad is automatically a French citizen.
In other cases, citizenship by birth may be granted if the child is born to stateless parents or if the child's country of birth does not recognise their nationality. For instance, in France, stateless children or those abandoned in the country are granted citizenship, and in Spain, a child can claim citizenship if they are stateless.
Citizenship laws can also change over time. For example, in India, the Constitution provided for citizenship by birth for persons born in the country between 26 January 1950 and 1 July 1987. After 1 July 1987, a person born in India is only a citizen if either of their parents was a citizen of India at the time of their birth.
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Citizenship by descent
The process of applying for citizenship by descent varies across countries, with specific eligibility requirements and documentation needed to prove an ancestral connection. Generally, applicants must provide official government documentation, such as birth records, marriage certificates, and proof of the ancestor's citizenship. Some countries may also have specific rules regarding the transmission of citizenship through maternal or paternal lines.
There are three main types of citizenship by descent:
- Citizenship by descent at birth: Some countries grant citizenship by descent if a child's parents are citizens, as shown on the birth certificate.
- Citizenship by descent after birth: This allows a child with foreign citizenship to claim dual citizenship by proving a family link, often through parents or grandparents.
- Citizenship by ethnicity: This type of citizenship is based on an individual's cultural or ethnic background. For example, individuals with Sephardic ancestry may claim Spanish citizenship, while Indigenous peoples in countries like Canada and Australia have protected cultural and land rights under international law.
The benefits of obtaining citizenship by descent include visa-free travel, social advantages, and the right to participate in the country's economy and politics. It also provides access to educational opportunities, including the potential for lower international student fees. Additionally, it allows individuals to reconnect with their heritage, customs, and language, strengthening their cultural identity for future generations.
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Citizenship by registration
Citizenship is the status of a person recognised under law as a legal member of a sovereign state or belonging to a nation. In India, Articles 5–11 of the Constitution deal with the concept of citizenship. The Constitution of India provides for a single citizenship for the whole country.
The Constitution of Kenya 2010 also provides for citizenship by registration. According to Chapter Three of the Kenyan Constitution, a person who has been married to a citizen for a period of at least seven years is entitled to apply to be registered as a citizen. Similarly, a person who has been lawfully resident in Kenya for a continuous period of at least seven years may apply to be registered as a citizen. A child who is not a citizen but is adopted by a citizen is also entitled to be registered as a citizen upon application.
In India, citizenship by registration was granted to those who were domiciled in the territory of India at the commencement of the Constitution (26 January 1950). It also includes those who were ordinarily resident in India for not less than five years immediately preceding the commencement of the Constitution. Additionally, any person who migrated from Pakistan and fulfilled certain criteria, such as having a parent or grandparent born in India as per the Government of India Act of 1935, and residing in India since their migration, was also granted citizenship by registration at the time of the Constitution's commencement.
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Citizenship by naturalisation
Citizenship is the status of a person recognised by law as a legal member of a country, with civil and political rights. Naturalisation is the process by which citizenship is granted to a lawful permanent resident of a country, provided certain requirements are met.
In the United States, naturalisation is the process by which citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
In India, citizenship can be acquired through birth, descent, registration, and naturalisation. The Constitution of India, which came into effect on 26 January 1950, provides for a single citizenship for the whole country. Those who were domiciled in India at the commencement of the Constitution automatically became citizens of India. Additionally, persons born in India before 1 July 1987 are Indian citizens. After this date, a person is an Indian citizen if either of their parents was an Indian citizen at the time of their birth. For those born after 3 December 2004, at least one parent must be an Indian citizen, and the other cannot be an illegal migrant.
In Ireland, there are specific requirements for becoming a citizen through naturalisation. An applicant must be 18 years or older and have continuously lived in Ireland for at least five years, including a full uninterrupted year immediately before applying. During the eight years before that uninterrupted year, they must have resided in Ireland for a total of four years. They must also provide proof of residency for each year claimed. Applicants must intend to reside in Ireland after becoming citizens and be willing to attend a citizenship ceremony, where they will make a declaration of fidelity and loyalty to the state. Applications for Irish citizenship by naturalisation can be made online or through paper forms for those without access to online services. The application fee is €175, and successful applicants may have to pay an additional fee of up to €950.
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Overseas citizenship
Citizenship is the status of a person recognised by law as a legal member of a country, with civil and political rights. The Constitution of India, which came into effect on 26 January 1950, provides for a single citizenship for the whole of India.
The Citizenship Act, 1955, outlines the ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The Act also deals with the termination of Indian citizenship. A person ceases to be an Indian citizen if they are also a national of another country and renounce their Indian citizenship.
The Constitution of India does not allow for dual citizenship. However, in response to demands from the Indian diaspora for dual citizenship, the Overseas Citizenship of India (OCI) scheme was introduced in 2003. This scheme grants many of the rights available to resident citizens, such as a multiple entry, multi-purpose lifelong visa to visit and reside in India. OCI holders are also exempt from registration requirements for any length of stay in India and are entitled to parity with Non-Resident Indians in economic, financial and educational fields.
To be eligible for OCI, a person must be of a certain category of Persons of Indian Origin (PIOs), as specified in the Citizenship Act, 1955. OCI holders must always possess a valid foreign passport throughout their stay in India and apply for legalisation/registration if their international passport expires during their stay. OCI holders need to apply for a protected area permit to perform certain activities and visit certain areas in India.
It is important to note that OCI is not considered actual dual citizenship, and there are certain disadvantages associated with it. For example, in countries where citizenship for dual citizens can be revoked, such as India and Australia, an OCI holder may be at a disadvantage. Additionally, acquiring OCI may prevent British National (Overseas) and British Overseas citizens from registering as full British citizens under the British Nationality Act 1981.
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Frequently asked questions
According to the Constitution of India, a citizen is someone who was domiciled in the country at the commencement of the Constitution (26 January 1950) and was either born in India, had parents who were born in India, or had been a resident for at least five years.
There are four ways to acquire Indian citizenship: birth, descent, registration, and naturalisation.
Citizenship of India allows for full membership of the state, including civil and political rights. Overseas citizenship is a special status that grants a lifelong entitlement to live and work in the country but does not include voting rights or the ability to hold public office.
No, the Constitution of India does not allow holding Indian citizenship and citizenship of another country simultaneously.
