CITIZENSHIP IN INDIA – FINAL STRUCTURED NOTES (BARE ACT BASED)
1. Constitutional Framework of Citizenship
Citizenship in India is governed initially by the Constitution of India, specifically Articles 5 to 11, which determined citizenship at the commencement of the Constitution on 26 January 1950.Article 5 granted citizenship based on domicile, birth, parentage, or residence. Articles 6 and 7 addressed migration during Partition—Article 6 provided citizenship to migrants from Pakistan, while Article 7 excluded those who migrated to Pakistan, with exceptions for returnees with permits. Article 8 allowed persons of Indian origin residing abroad to register as citizens.Article 9 states that voluntary acquisition of foreign citizenship results in termination of Indian citizenship. Article 10 ensures continuity of citizenship, and Article 11 empowers Parliament to make laws regarding citizenship.Important: Articles 5–11 deal only with citizenship at the commencement (1950), not current acquisition.
2. Citizenship Act, 1955 – Structure and Scope
The Citizenship Act 1955 is the principal law governing acquisition and termination of citizenship in India.
- Section 1: Short title
- Section 2: Definitions
Section 2 – Key Definitions
The Act defines important terms:
- Illegal Migrant: A foreigner who enters India without valid documents or overstays beyond the permitted period.
The proviso added by the Citizenship Amendment Act 2019 states that Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Afghanistan, and Bangladesh who entered India on or before 31 December 2014 are not treated as illegal migrants. - Overseas Citizen of India (OCI) Cardholder: Defined under Section 7A.
- Minor: A person below 18 years of age.
Important: Section 2(1)(b) and its proviso are central to questions on CAA.
3. Acquisition of Citizenship
Section 3 – Citizenship by Birth
Citizenship depends on date of birth:
- 1950–1987: All persons born in India are citizens.
- 1987–2004: At least one parent must be an Indian citizen.
- After 2004:
- Both parents are citizens, or
- One parent is a citizen and the other is not an illegal migrant.
Exception: Children of foreign diplomats or enemy aliens are excluded.Important: Section 3 is the most frequently asked provision.
Section 4 – Citizenship by Descent
Applies to persons born outside India:
- Before 1992: Citizenship only through father.
- After 1992: Citizenship through either parent.
Post-2003 requirements:
- Birth must be registered at an Indian consulate within one year.
- The child must not hold a foreign passport.
Important: Registration requirement is frequently asked.
Section 5 – Citizenship by Registration
The Central Government may grant citizenship to:
- Persons of Indian origin
- Spouses of Indian citizens
- Minor children
- OCI cardholders (subject to conditions)
Residency requirements:
- Generally 7 years
- In some cases, 12 months immediately before application
Oath of allegiance (Second Schedule) is mandatory.
Section 6 – Citizenship by Naturalization
Foreigners can acquire citizenship if they satisfy conditions under the Third Schedule:
- Residence in India for 11 years
- Good character
- Knowledge of a language in the Eighth Schedule
The government may relax conditions for persons who have rendered distinguished service in fields such as science, art, or world peace.
Section 6A – Special Provisions for Assam (Assam Accord, 1985)
- Migrants before 1 January 1966 are deemed citizens.
- Migrants between 1966 and 25 March 1971 must register and are granted citizenship after 10 years.
Important: Closely linked with NRC and Assam issues.
Section 6B – Provisions under CAA 2019
Inserted by the Citizenship Amendment Act 2019:
- Provides fast-track citizenship to migrants from Pakistan, Afghanistan, and Bangladesh
- Applicable to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
- Such persons are not treated as illegal migrants
- Residency requirement reduced from 11 years to 5 years
Exclusions:
- Sixth Schedule areas
- Inner Line Permit regions
Important: Section 6B is central to understanding CAA.
Section 7 – Citizenship by Incorporation of Territory
If a new territory becomes part of India, the Central Government specifies who will become citizens.
4. Overseas Citizenship of India (OCI)
Sections 7A–7D
- Section 7A: Registration as OCI
- Section 7B: Rights of OCI (no voting rights, no eligibility for constitutional posts)
- Section 7C: Renunciation of OCI
- Section 7D: Cancellation of OCI
Important: OCI is not full citizenship.
5. Loss of Citizenship
Section 8 – Renunciation
Voluntary renunciation of citizenship by declaration.
Section 9 – Termination
Automatic termination upon acquiring foreign citizenship.
Section 10 – Deprivation
The government may deprive a person of citizenship (mainly naturalized/registered citizens) on grounds such as:
- Fraud or misrepresentation
- Disloyalty to the Constitution
- Assistance to an enemy during war
- Imprisonment of two years or more within five years
- Continuous residence outside India for seven years
6. Administrative Provisions
Section 14A – National Register of Citizens (NRC)
- Provides for compulsory registration of citizens
- Enables maintenance of NRC
- Allows issuance of national identity cards
Registrar General of India acts as the National Registration Authority.
Section 18 – Rule-Making Power
The Central Government has the power to make rules for implementing the Act, including procedures, forms, registrations, and administrative processes.
7. Schedules
Second Schedule
Contains the Oath of Allegiance required for citizenship by registration or naturalization.
Third Schedule
Specifies qualifications for naturalization:
- 11 years of residence
- Good character
- Knowledge of a language
Modification under CAA:
- For specified communities, residence requirement reduced to 5 years
8. Final Revision Points
- Articles 5–11: Initial citizenship at commencement
- Section 2: Definition of illegal migrant (linked with CAA)
- Section 3: Citizenship by birth
- Section 4: Descent with consulate registration requirement
- Section 5 and 6: Registration and naturalization
- Section 6A: Assam Accord
- Section 6B: CAA provisions
- Sections 7A–7D: OCI framework
- Sections 8–10: Loss of citizenship
- Section 14A: NRC
Sources
- Constitution of India
- Citizenship Act 1955 (Bare Act)
- Citizenship Amendment Act 2019
- Ministry of Home Affairs
- M. Laxmikanth, Indian Polity