Citizenship – Indian Constitution, Provisions, Citizenship

Citizenship is the legal status of a person who is recognized by law as a legal resident of a nation or sovereign state. It is the enjoyment of whole membership in any country or sovereign state where a citizen owns political and civil rights. Citizens of India can only enjoy the benefits of a single nationality. They are full members of India and thus owe their allegiance to the country. They may exercise all political and social rights outlined in Part II of the Indian Constitution. Articles 5 –11 (Part II) of the Constitution of India govern the rights of citizens. Whereas, Article 51 (A) of the Indian Constitution specifies that citizens of India also have certain responsibilities toward the country. 

Citizenship – Indian Constitution is an extremely important concept to comprehend, as it is one of the frequently asked topics in various government exams. So, to score good marks in the competitive exams, go through this topic that we have covered in detail in our guide to help our readers. 

Citizenship – Indian Constitution: Provisions

• Articles 5–11 of the Indian Constitution address the concept of citizenship in India. 
• The Parliament has legislated the Citizenship Act, 1955 to allow for the acquisition and loss of Indian citizenship after the execution of the Indian Constitution. Indian lawmakers have amended this legislation eight times, and the Citizenship Act of 1955 allows for Commonwealth Citizenship.
• Indian citizenship mainly depends on citizenship by right of blood (jus sanguinis) rather than citizenship by right of birth within the territory (jus soli).

According to the Indian Constitution, there are four types of people who are eligible to become Indian citizens. The four different types are:

Citizenship by Domicile

According to Article 5 of the Indian Constitution, that person gets citizenship of India 

• who has their primary residence in Indian territory
• who was born on Indian land
• whose either parent was born in Indian territory
• who has ordinarily lived in India for at least 5 years prior to the Constitution’s inception

Citizenship by Migration

• According to Article 6 of the Constitution of India, a person who has migrated from Pakistan to India is eligible for Indian citizenship 
• if he, either of his parents or any of his grandparents, was born in India, as defined by the Government of India Act of 1935; and 
• if he migrated before 19th July 1948 and has been a resident of India since his migration, or 
• if he migrated after 19th July 1948 and was registered as a citizen of India by an officer appointed in that capacity by the government of the Dominion of India on an application made by him

Citizenship Termination

According to Article 7 of the Indian Constitution, a person who immigrated to Pakistan from India after 1st March 1947 but returned to India for the purpose of resettlement can become a citizen of India. He could enroll for Indian citizenship if he lived in India for at least 6 months prior to his enrollment application date.

Citizenship by Registration

According to Article 8 of the Indian Constitution, an individual who himself, his parents, or grandparents were born in India before August 1947 but who initially resided outside of the country may become an Indian citizen if the consular or prudent representative of India has registered him as such, whether prior or after the introduction of India’s Constitution.

Article 9 of the Indian Constitution states that an individual is not eligible for Indian citizenship if he has voluntarily gained citizenship in another country. This clause states that no Indian citizen can claim dual or plural citizenship.

Article 10 of the Indian Constitution states that anyone who is a citizen of India is subject to any law passed by the Parliament and will continue to be a citizen. 

Article 11 of the Constitution states that the Parliament has the authority to make all provisions relating to citizenship, including the termination and acquisition of citizenship.

Citizenship Act, 1955

According to this act, a person could acquire Indian citizenship in the following ways:

• Citizenship at the commencement of the Constitution: People who lived in India on 26th November 1949 automatically became citizens of India when the Constitution went into effect on 15th December 1950.
• Citizenship by birth: People born in India between 26th January 1950, and 1st July 1987, are citizens of the country.
• Citizenship by descent: People who were born after 1st July 1987 and either of their parents was a citizen of India at the time of birth are citizens of the country.
• Citizenship by registration: People born after 3rd December and both parents were Indian citizens or if one parent was an Indian citizen and the other was not an illegal migrant at the time of birth, are citizens of the country.
• Citizenship by naturalization: Citizenship by birth is not applicable to the children of foreign diplomats or enemy aliens.

Termination of Indian Citizenship

The Citizenship Act, 1955 established three methods for losing one’s nationality:

• Renunciation: The Indian citizenship of a person ceases if he renounces it in the prescribed manner.
• Termination: Indian citizenship gets terminated if a citizen knowingly or voluntarily adopts foreign citizenship.
• Deprivation: In some cases, the Indian government can strip a person of their citizenship.

Persons of Indian Origin (PIO) Card

A person is eligible for a PIO card if he is of Indian origin and a citizen of any country other than Pakistan, Nepal, Sri Lanka, Bangladesh, China, Afghanistan, Bhutan, or has previously held an Indian passport or is the spouse of an Indian citizen or a person of Indian origin.

Conclusion

The Constitution of India defines citizenship rights and also confers power and identity to citizens. We have included all relevant information about Citizenship – Indian Constitution mentioned in Articles 5-11 and Citizenship Act, 1955 to help our readers prepare for their exams. 

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