Citizenship in India
Citizenship is the legal and political recognition of an individual as a member of a sovereign state, conferring upon them a bundle of rights, privileges, and duties. In a diverse and democratic country like India, citizenship serves as a unifying force, linking individuals to the nation through a common legal identity. Unlike some federal countries that follow dual citizenship (such as the USA), India upholds a single citizenship model, ensuring equality and unity across all states and Union Territories. The Indian Constitution provides for citizenship at its commencement (Articles 5 to 11) and empowers the Parliament to regulate its acquisition and termination thereafter. Over time, citizenship laws have evolved to respond to migration patterns, partition legacies, national security needs, and humanitarian considerations—most notably reflected in the Citizenship Act of 1955 and its subsequent amendments.
Citizens vs Aliens
- Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights guaranteed by the Constitution.
- Aliens, on the other hand, are nationals of other countries. While they are entitled to certain basic rights in India, they do not enjoy full political and civil rights like citizens do.
- Types of Aliens
- Friendly Aliens: Nationals of countries maintaining cordial relations with India
- Enemy Aliens: Nationals of countries at war with India; enjoy fewer protections under law.Enemy aliens do not enjoy protection under Article 22, which provides safeguards against arrest and detention. They may also be subject to restrictions under laws like the Enemy Property Act.
- Key Differences Between Citizens and Aliens:
Aspect | Citizens | Aliens |
|---|
Status | Full members of the Indian State | Nationals of other countries |
Allegiance | Owe allegiance to India | Owe allegiance to their country of origin |
Fundamental Rights | Enjoy all Fundamental Rights (except Article 16 for some posts) | Enjoy only limited rights – especially under Articles 14, 20, and 21 |
Political Rights | Can vote, contest elections, and hold public offices | Cannot vote, contest elections, or hold constitutional/public offices |
Government Employment | Eligible (subject to qualifications and security conditions) | Generally not eligible (except in rare cases) |
Passports | Entitled to Indian passport | Use passport of their own country |
Protection under Law | Fully protected by Indian laws and Constitution | Protected under Indian laws, but with some restrictions |
Rights and Privileges of Citizens of India
- Fundamental Rights available only to Citizens
- Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
- .Right to equality of opportunity in the matter of public employment(Article 16).
- Only citizens can claim equal opportunity in government jobs.
- Right to Freedom (Article 19)
- Available only to citizens, including:
- Freedom of speech and expression
- Freedom to assemble peacefully
- Freedom to form associations/unions
- Freedom to move freely throughout India
- Freedom to reside and settle in any part of India
- Freedom to practice any profession or carry out any occupation, trade, or business
- Cultural and Educational Rights
- Citizens have the right to preserve their language, script, and culture (Article 29).
- Minorities among citizens can establish and administer educational institutions (Article 30).
- Political Rights Exclusive to Citizens
- Right to Vote
- Only citizens can vote in Lok Sabha and State Assembly elections.
- Right to Contest Elections
- Only citizens can stand for public office (e.g., MP, MLA, President, Governor, etc.).
- Right to Form Political Parties
- Only citizens can register and lead political parties.
- Constitutional Posts Reserved for Citizens Only
- Only citizens can become President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.
Note: In India, both citizens by birth as well as naturalised citizens are eligible for the office of President while in USA, only a citizen by birth and not a naturalised citizen is eligible for the office of President.
Fundamental rights available to both Citizens and Foreigners except Enemy Aliens
- Article 14 – Equality before the law and equal protection of laws.
- Article 20 – Protection in respect of conviction for offences.
- Article 21 – Protection of life and personal liberty.
- Article 21A – Right to elementary education.
- Article 22 – Protection against arrest and detention in certain cases.
- Article 23 – Prohibition of traffic in human beings and forced labour.
- Article 24 – Prohibition of employment of children in factories etc.
- Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
- Article 26 – Freedom to manage religious affairs.
- Article 27 – Freedom from payment of taxes for promotion of any religion.
- Article 28 – Freedom from attending religious instruction or worship in certain educational institutions.
Single Citizenship in India
India, despite being a federal state with a dual polity (Centre and States), provides for single citizenship under Article 5 to 11 of the Constitution. This means that all Indians are citizens of India only, not of any individual state.
Key Features of Single Citizenship:
- Uniform Allegiance: Every Indian owes allegiance only to the Union of India.
- Equal Civil and Political Rights: Indian citizens enjoy the same set of rights throughout the country—irrespective of the state in which they reside or were born.
- No State Citizenship: Unlike the USA or Australia, India does not have separate state citizenship.
- Strengthens National Integration: By eliminating regional citizenship, it fosters a sense of oneness and unity among people from different regions, languages, and cultures.
- Freedom of Movement and Residence: Citizens can move freely and settle anywhere in India (Article 19), promoting national unity and integration.
Significance of Single Citizenship:
- Helps maintain unity in diversity in a federal system.
- Prevents discrimination in public employment, education, and fundamental rights across states.
- Ensures smooth inter-state migration and access to opportunities.
- Avoids legal complications that could arise from dual citizenship.
Exceptions to the Principle of Single Citizenship in India:
- Although India follows the principle of single citizenship — granting uniform civil and political rights across the Union — the Constitution allows certain exceptions in the interest of regional diversity, tribal protection, and local employment. These exceptions are listed below:
- Residence Requirement for Public Employment (Article 16)
- The Parliament is empowered to make laws prescribing residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or union territory.
- Using this power, Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957.This Act allowed residential requirements only for non-Gazetted posts in:
- Andhra Pradesh
- Himachal Pradesh
- Manipur
- Tripura
- The Act expired in 1974, and currently, no such provision exists for any state except Andhra Pradesh and Telangana (due to special laws made for them).
- Domicile-Based Benefits Under Article 15
- Article 15 of the Constitution prohibits discrimination based on religion, race, caste, sex or place of birth, but not on residence.
- This allows a state government to provide special benefits or preferences to its residents, particularly in matters that do not come within the purview of the rights given by the Constitution to the Indian citizens.
- For Example: Fee concessions or reservation in state educational institutions for state residents.
- Restrictions to Protect Tribal Interests (Article 19)
- Article 19 grants all citizens the freedom of movement and residence, but this is subject to reasonable restrictions for the protection of interests of Scheduled Tribes.
- Entry and settlement of outsiders in tribal areas (e.g., under Sixth Schedule or Fifth Schedule areas) can be restricted.
- Objective: Preserve tribal culture, language, traditions, and safeguard against exploitation.
- Special Status of Jammu and Kashmir (till 2019)
- Before August 5, 2019, the erstwhile state of Jammu and Kashmir had its own Constitution and special powers under Article 370.
- Under this, Article 35A (inserted by a 1954 Presidential Order) empowered the J&K Legislature to:
- Define ‘Permanent Residents’ of the state.
- Grant exclusive rights to them in:
- Employment under the state government
- Acquisition of immovable property
- Settlement in the state
- Scholarships and other welfare measures
- In 2019, Article 370 and 35A were abrogated through the Constitution (Application to Jammu and Kashmir) Order, 2019, thereby:
- Ending the separate status of J&K
- Bringing it under full constitutional parity with the rest of India
Constitutional Provisions on Citizenship (Articles 5 to 11)
The Constitution of India, under Part II (Articles 5 to 11), deals with the topic of Citizenship at the commencement of the Constitution. These provisions were transitional, meant to determine who became an Indian citizen on January 26, 1950, i.e., the date the Constitution came into effect.The Constitution does not address the acquisition or loss of citizenship after its commencement. Instead, it empowers Parliament to make laws on such matters and on any other issues related to citizenship. Accordingly, Parliament enacted the Citizenship Act, 1955, which has been amended several times since.
- Article 5 – Citizenship at the Commencement of the Constitution
- At the commencement of the Constitution (26 January 1950), every person who had his domicile in the territory of India was deemed to be a citizen of India if he fulfilled any one of the following conditions:
- He was born in the territory of India, or
- Either of his parents was born in the territory of India, or
- He had been ordinarily resident in the territory of India for at least five years immediately preceding the commencement of the Constitution.
- Article 6 – Citizenship of Migrants from Pakistan
- This article dealt with people who migrated from Pakistan to India during and after Partition.
- A person who migrated to India from Pakistan became an Indian citizen if he/she or either of their parents or any of their grandparents was born in undivided India and also fulfilled any one of the two conditions:
- Migration Before 19 July 1948: If a person migrated from Pakistan to India before 19 July 1948, he would be considered an Indian citizen only if he had been living in India continuously from the date of his migration.
- Migration On or After 19 July 1948: If a person migrated from Pakistan to India on or after 19 July 1948, he would be considered an Indian citizen only if he applied for registration as a citizen of India before the Constitution came into force.
- But, a person could be so registered only if he/she had been resident in India for six months preceding the date of his/her application for registration.
- Article 7 – Rights of Migrants to Pakistan
- This provision dealt with Indians who migrated to Pakistan after March 1, 1947, but later returned to India.
- Any person who migrated from India to Pakistan after 1 March 1947 is not considered a citizen of India.
- Exception: If such a person later returned to India with a permit for resettlement or permanent return issued under the authority of law, then he will be treated as if he had migrated to India after 19 July 1948.
- In this case, his citizenship will be decided according to the rules of Article 6(b) (which requires registration and six months’ residence before the application).
- Article 8 – Citizenship of Indians Living Abroad
- Any person who, or whose parents or grandparents, was born in India (as defined in the Government of India Act, 1935) but is ordinarily living in another country outside India shall be considered a citizen of India at the commencement of the Constitution, provided he has been registered as a citizen of India. This registration is done by the Indian diplomatic or consular representative in the country where he is residing, on the basis of an application made in the prescribed form and manner, either before or after the commencement of the Constitution.
- To sum up, the above provisions on citizenship(Articles 5 – 8) at the commencement of the Constitution cover four categories of people:
- persons who were domiciled in India,
- persons who migrated from Pakistan to India,
- persons who migrated to Pakistan but later returned with proper authorization, and
- persons of Indian origin who were residing outside India.
- Article 9 – Persons Voluntarily Acquiring Citizenship of a Foreign State
- A person who voluntarily acquires the citizenship of any foreign state ceases to be a citizen of India.
- Article 10 – Continuance of the Rights of Citizenship
- Any person who is or is deemed to be a citizen under the Constitution shall continue to be such a citizen, subject to the provisions of any law made by Parliament.
- Article 11 – Power of Parliament to Regulate Citizenship
- Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
Citizenship Act, 1955
- The Citizenship Act, 1955 was enacted by the Parliament under Article 11 of the Constitution to provide for the acquisition and termination of Indian citizenship after the commencement of the Constitution (i.e., post-January 26, 1950).
- It lays down five modes of acquisition( birth, descent, registration, naturalisation and incorporation of territory) and three modes of loss of citizenship( renunciation, termination and deprivation)and has undergone multiple amendments — including the major ones in 1986, 2003, 2005, 2015, and 2019 (CAA).
Modes of Acquisition of Indian Citizenship
Citizenship by Birth
- Before 1 July 1987: Anyone born in India was a citizen.
- On or after July 1, 1987 but before December 3, 2004 : One parent must be an Indian citizen.
- On or after 3 December 2004: If both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
- The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.
Citizenship by Descent
- Under Section 4 of the Citizenship Act, 1955, a person born outside India can acquire Indian citizenship by descent based on the date of birth and the citizenship status of their parents.
- A person born outside India on or after January 26, 1950 but before December 10, 1992
- Person is a citizen if the father was a citizen of India at the time of birth.
- Additional Condition (if father was also a citizen by descent):
- Birth must be registered at an Indian consulate within 1 year of birth (or later with government approval), OR
- Father must be in government service in India at the time of birth.
- A person born outside India on or after December 10, 1992
- Person is a citizen if either parent is a citizen of India at the time of birth.
- Additional Condition (if either parent was also a citizen by descent):
- Birth must be registered at an Indian consulate within 1 year of birth (or later with government approval), OR
- Either parent must be in government service in India at the time of birth.
- A person born outside India on or after 3 Dec 2004 (post-Citizenship Amendment Act 2003)
- Person must be registered at an Indian consulate, in a prescribed form and manner, within 1 year of birth (or later with government permission).
- Parents must declare that the child does not hold a passport of another country.
- If the child also holds another country’s citizenship, he/she must renounce that citizenship within 6 months of attaining adulthood, else Indian citizenship will cease.
Citizenship by Registration
- The Central Government may register as a citizen of India any person (not being an illegal migrant) if he or she belongs to any of the following categories, namely:-
- a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
- a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
- a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
- minor children of persons who are citizens of India;
- a person of full age and capacity whose parents are registered as citizens of India;
- a person of full age and capacity who, or either of his/her parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration;
- a 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 shall be deemed to be of Indian origin if he or she, or either of their parents, was born in undivided India or in such other territory which became part of India after the August 15, 1947.
- All the above categories of persons must take an oath of allegiance before they are registered as citizens of India
Citizenship by Naturalisation
- The Central Government may grant a certificate of naturalisation to any person (not being an illegal migrant) if he or she possesses the following qualifications:
- that he/she is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation;
- that, if he/she is a citizen of any country, they undertake to renounce the citizenship of that country in the event of their application for Indian citizenship being accepted;
- that he/she has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application
- that during the fourteen years immediately preceding the said period of twelve months, he/she has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years. However, 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.
- that he/she is of good character;
- that he/she has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution ; and
- that in the event of a certificate of naturalisation being granted to him/her, he/she intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India.
- The Government of India has the power to waive some or all conditions for naturalisation in the case of a person who has made exceptional contributions to science, philosophy, art, literature, world peace, or human progress.
- In addition, every person who becomes a naturalised citizen is required to take an oath of allegiance to the Constitution of India.
Citizenship by Incorporation of Territory
- If any new territory becomes a part of India, the Central Government may, through a notification in the Official Gazette, specify the persons who shall become citizens of India by virtue of their connection with that territory. Such persons will be deemed citizens of India from the date mentioned in the order.
- Example: Goa (1961), Sikkim (1975).
Loss of Citizenship in India
- Indian citizenship can be lost in three ways – Renunciation, Termination, and Deprivation.
Renunciation of Citizenship
- Any citizen of India who is of full age and capacity may make a formal declaration renouncing Indian citizenship. Once this declaration is registered by the prescribed authority, the person ceases to be a citizen of India.
- However, if such a declaration is made during a war in which India is engaged, registration will be withheld unless the Central Government directs otherwise.
- When a person renounces citizenship, all of his/her minor children also cease to be Indian citizens.
- But after attaining majority, such a child may, within one year, declare the intention to resume Indian citizenship, and will automatically become a citizen of India again.
Termination of Citizenship
- Any Indian citizen who voluntarily acquires the citizenship of another country—whether by naturalisation, registration, or any other means—shall cease to be a citizen of India from the date of such acquisition.
- Exception: If an Indian citizen acquires foreign citizenship during a war in which India is engaged, termination does not take effect until the Central Government decides otherwise.
Deprivation of Citizenship:
- It is a compulsory termination of Indian citizenship by the Central government, if:
- the citizen has obtained the citizenship by fraud
- the citizen has shown disloyalty to the Constitution of India:
- the citizen has unlawfully traded or communicated with the enemy during a war;
- the citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and
- the citizen has been ordinarily resident out of India for seven years continuously.9
Special Provisions as to Citizenship of Migrants from Afghanistan, Bangladesh and 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 and who have been exempted from the adverse penal consequences of the passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.
- These provisions do not apply to:
- The tribal areas of Assam, Meghalaya, Mizoram and Tripura covered under the Sixth Schedule of the Constitution.
- Areas under the “Inner Line Permit” system notified under the Bengal Eastern Frontier Regulation, 1873.
Background
Before the Citizenship (Amendment) Act, 2019 (CAA, 2019), migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh, or Pakistan who entered India:
- Without valid travel documents, or
- Whose documents had expired,
were treated as illegal migrants and were ineligible to apply for Indian citizenship.
In 2015, the Central Government exempted these migrants from penal consequences under the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946.
In 2016, they were also made eligible for long-term visas to stay in India.
Citizenship (Amendment) Act, 2019
- Enforced on 10 January 2020.
- Made the above-mentioned migrants eligible for Indian citizenship if they had entered India on or before 31 December 2014 and were exempted from penal consequences.
Key Provisions
- The Central Government may grant a certificate of registration or certificate of naturalisation to such persons once they meet the required conditions.
- They shall be deemed citizens of India from the date of their entry into India.
- Any legal proceedings against such persons for illegal migration or citizenship violations shall automatically stand cancelled once citizenship is granted.
Special Provisions as to Citizenship under the Assam Accord
The Citizenship (Amendment) Act, 1985 inserted special provisions to implement the Assam Accord, which dealt with the issue of foreigners in Assam.
Key Provisions:
- Before 1 January 1966:
- All persons of Indian origin who came to Assam from Bangladesh before 1 January 1966 and have been ordinarily resident in Assam since their entry shall be deemed citizens of India from 1 January 1966.
- On or after January 1, 1966 but before March 25, 1971:
- Persons of Indian origin who entered Assam from Bangladesh during this period and have been ordinarily resident in Assam shall be subject to the following:
- If they are detected as foreigners, they must register themselves.
- Such persons will be deemed Indian citizens only after 10 years from the date of detection as foreigners.
- During this 10-year period, they enjoy the same rights and obligations as Indian citizens except the right to vote.
Citizenship in India is a vital constitutional and legal framework that defines the relationship between individuals and the Indian state. The Constitution initially dealt with citizenship at the commencement (Articles 5–11), while leaving its future regulation to Parliament under Article 11, leading to the enactment of the Citizenship Act, 1955. Over the years, amendments such as the Assam Accord (1985) and the Citizenship Amendment Act (2019) have addressed region-specific and humanitarian concerns, reflecting the complex socio-political realities of India.
Indian citizenship can be acquired through birth, descent, registration, naturalisation, or incorporation of territory, and can be lost through renunciation, termination, or deprivation. The evolving provisions highlight India’s effort to balance its federal diversity, security interests, humanitarian concerns, and constitutional values.
FAQs
Q1. Which Articles of the Constitution deal with citizenship?
Articles 5 to 11 in Part II of the Constitution deal with citizenship at the commencement of the Constitution.
Q2. What is the Citizenship Act, 1955?
It is the principal law enacted by Parliament to regulate the acquisition, termination, and other matters relating to Indian citizenship, as empowered by Article 11.
Q3. How can Indian citizenship be acquired?
Citizenship can be acquired by birth, descent, registration, naturalisation, or incorporation of territory.
Q4. How can Indian citizenship be lost?
It can be lost in three ways: renunciation (voluntary), termination (on acquiring foreign citizenship), and deprivation (by government order under certain conditions).
Q5. What is the significance of the Assam Accord in citizenship law?
The Citizenship (Amendment) Act, 1985, based on the Assam Accord, provided special provisions for persons of Indian origin who migrated from Bangladesh into Assam, with different cut-off dates for granting citizenship.
Q6. What is the Citizenship Amendment Act (CAA), 2019?
The CAA 2019, enforced from 10 January 2020, made certain migrants from Afghanistan, Bangladesh, and Pakistan belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities eligible for Indian citizenship, provided they entered India on or before 31 December 2014.
Q7. Can India have dual citizenship?
No, India does not allow dual citizenship. However, it provides the facility of Overseas Citizen of India (OCI) cardholders, which grants limited rights but not political rights like voting.
✍️ Curated by InclusiveIAS Editorial Team
At InclusiveIAS, our editorial team is led by experts who have successfully cleared multiple stages of the UPSC Civil Services Examination, including Mains and Interview. With deep insights into the demands of the exam, we focus on crafting content that is accurate, exam-relevant, and easy to grasp.
Whether it’s Polity, Current Affairs, GS papers, or Optional subjects, our notes are designed to:
Break down complex topics into simple, structured points
Align strictly with the UPSC syllabus and PYQ trends
Save your time by offering crisp yet comprehensive coverage
Help you score more with smart presentation, keywords, and examples
🟢 Every article, note, and test is not just written—but carefully edited to ensure it helps you study faster, revise better, and write answers like a topper.
