INTRODUCTION

A citizen of a State is a person who enjoys full civil and

political rights in that State. Citizenship is a status
acquired by becoming a registered member of the
State by law. Any person can become a member of the
state by satisfying the legal requirements of the
respective country. In simple terms, the virtue of being
the citizen of the country is called Citizenship.
Citizenship is a legal status determined by the specific
rights and duties assigned to its citizens. Certain rights
are only provided to the citizens of the State, those
rights are known as Fundamental Rights. Also, the
right to vote to elect representatives of the Union and
the State Legislatures, and the right to contest the
elections and be elected to such Legislatures is vested
in a citizen of India only.
Citizenship carries with it certain obligations as well.
For example, the Fundamental Duties contained in
Article 51-A are addressed to the citizens of India only.
Key Differences Between Nationality
and Citizenship
1. The status arising out of the fact that a person is the
origin of a particular nation is called Nationality.
Citizenship is the political status that can be obtained by
meeting the legal requirement set by the government of
the state.
2. The nationality is an ethnic or racial concept. On the
other hand, citizenship is a legal or juristic concept.
3. The nationality of a person indicates his/her place or
country of birth while the citizenship of a person shows
that the individual is registered as a citizen by the
government of the respective country.
4. A person can become a national of a country by birth
or by inheritance. As against this, there are a variety of
ways through which an individual can become the citizen
of a country, i.e. by birth, inheritance, marriage,
naturalization or registration.
5. The nationality of a person cannot be changed.
However, his citizenship can be changed.
6. The nationality of a person cannot be taken back, once
acquired while the citizenship of a person can be taken
back.
7. A person cannot be national of more than one country.
In contrast, a person can possess citizenship of more than
one country at a time.

Citizenship of India at the

Commencement of The Constitution
At the commencement of constitution, a person could
become a citizen of India in the following ways -
1. By domicile
2. By migration
3. By registration
Citizenship by Domicile (Article 5)
According to Article 5 of the Constitution,
At the commencement of this Constitution, every
person who has his domicile in the territory of India
and—
 (a) who was born in the territory of India; or
(b) either of whose parents was born in the territory
of India; or
(c) who has been ordinarily resident in the territory
of India for not less than five years immediately
preceding such commencement, shall be a citizen of
India.
Though Domicile and Residence are used interchangeably
in day to day life but they are different in legal sense.
Residence implies only physical factor whereas Domicile
refers to residence of a person coupled with intention to
live indefinitely at that place.
Citizenship by Migration (Article 6)
Rights of citizenship of certain persons who have
migrated to India from Pakistan - Notwithstanding
anything in article 5, a person who has migrated to the
territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the
commencement of this Constitution if—
 (a) he or either of his parents or any of his
grandparents was born in India as defined in the
Government of India Act, 1935 (as originally
enacted); and
(b) (i) in the case where such person has so migrated
before the nineteenth day of July, 1948, he has been
ordinarily resident in the territory of India since the
date of his migration, or
(ii) in the case where such person has so migrated on
or after the nineteenth day of July, 1948, he has
been registered as a citizen of India by an officer
appointed in that behalf by the Government of the
Dominion of India on an application made by him
therefor to such officer before the commencement
of this Constitution in the form and manner
prescribed by that Government:
Provided that no person shall be so registered unless he
has been resident in the territory of India for at least six
months immediately preceding the date of his
application.
Article 6 of the Constitution provides regarding
Citizenship of people who migrated to India from
Pakistan on commencement of constitution. In case the
person migrates to India before 19th July 1948, he shall
deemed to be Indian citizen as an ordinary resident.
Whereas in case the person migrates to India after 19th
July 1948, he shall have to get registered as Citizen of
India by officer appointed by Government of India. In
both cases a person shall be deemed to citizen of India
only if he himself or either of his parents or grandparents
were born in undivided India.
Citizenship of Migrants to Pakistan (Article 7)
Article 7 - Rights of citizenship of certain migrants to
Pakistan.
Notwithstanding anything in articles 5 and 6, a person
who has after the first day of March, 1947, migrated from
the territory of India to the territory now included in
Pakistan shall not be deemed to be a citizen of India:
Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now
included in Pakistan, has returned to the territory of India
under a permit for resettlement or permanent return
issued by or under the authority of any law and every
such person shall for the purposes of clause (b) of article
6 be deemed to have migrated to the territory of India
after the nineteenth day of July, 1948.
Article 7 of the Constitution implies that any individual
migrating from India to Pakistan after 1st March 1947 will
not be considered as Indian Citizen or simply loose his
Citizenship.
This article provides exception for the individuals
returning to India after this date for
resettlement/permanent return issued by law. All such
individual will have to get themselves registered to officer
appointed by Government through manner prescribed by
law.
In Kulathil Mamma v. State of Kerala, the appellent aged
12 years, left for Pakistan in 1948, leaving his parents in
India. He came to India on Pakistan Passport. He again
left for Pakistan and came back to India in 1956. The
Supreme Court held that he had lost his India citizenship
because of migrating to Pakistan.
In State of Andhra Pradesh v. Abdul Khader, it was
observed that an Indian citizen would not lose his
Citizenship by mere temporary visit to Pakistan on some
business or otherwise.
Citizenship by Registration
Article 8 - Rights of citizenship of certain persons of
Indian origin residing outside India.
Notwithstanding anything in article 5, any person who or
either of whose parents or any of whose grandparents
was born in India as defined in the Government of India
Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall
be deemed to be a citizen of India if he has been
registered as a citizen of India by the diplomatic or
consular representative of India in the country where he
is for the time being residing on an application made by
him therefor to such diplomatic or consular
representative, whether before or after the
commencement of this Constitution, in the form and
manner prescribed by the Government of the Dominion
of India or the Government of India.
No Dual Citizenship
Article 9 - Persons voluntarily acquiring citizenship of a
foreign State not to be citizens.
No person shall be a citizen of India by virtue of article 5,
or be deemed to be a citizen of India by virtue of article 6
or article 8, if he has voluntarily acquired the citizenship
of any foreign State.
Article 9 recognises the principal that no Indian citizen
can clain dual citizenship. Determination of whether a
person has acquired foreign citizenship is done by Central
Government and not by Court. The enquiry by Central
Government in such a matter is quasi-judicial.
Continuance of the right of Citizenship
Article 10 - Continuance of the rights of citizenship
Every person who is or is deemed to be a citizen of India
under any of the foregoing provisions of this Part shall,
subject to the provisions of any law that may be made by
Parliament, continue to be such citizen.
Modes of Acquiring Indian Citizenship

There are four ways in which Indian citizenship can be

acquired:
4. Birth
5. Descent
6. Registration
7. Naturalization
The provisions are listed under sections 3, 4, 5(1) and
5(4) of the Citizenship Act, 1955.
By birth:
Section 3 of the Citizenship Act 1955 provides that every
person born in India on or after 26th January, 1950, shall
be a citizen of India by birth
1. A person born is India on or after 26th January 1950
but before 1st July 1987 is a citizen of India by birth
irrespective of the nationality of his/her parents.
2. Every person born in India between 1st July 1987 and
2nd December 2004 is a citizen of India given either of
his/her parents is a citizen of the country at the time of
his/her birth.
3. Every person born in India on or after 3rd December
2004 is a citizen of the country given both his/her parents
are Indians or at least one parent is a citizen and the
other is not an illegal migrant at the time of birth.
Note :- The Children of foreign diplomats posted in India
and enemy aliens cannot acquire Indian citizenship by
birth.
By descent:
Section 4 of the Citizenship Act, 1955, provides that a
person born outside India shall be a citizen of India by
descent, if
1. A person born outside India on or after 26th January
1950 is a citizen of India by descent if his/her father was
a citizen of India by birth.
2. A person born outside India on or after 10th December
1992, but before 3rd December 2004 if either of his/her
parent was a citizen of India by birth.
3. If a person born outside India or or after 3rd December
2004 has to acquire citizenship, his/her parents have to
declare that the minor does not hold the passport of
another country and his/her birth is registered at an
Indian consulate within one year of birth.
By registration:
Section 5 of the Citizenship Act 1955 provides for the
registration of certain categories of person
Citizenship can also be acquired by registration. Some of
the mandatory rules are:
1. A person of Indian origin who has been a resident of
India for 5 years before applying for registration.
2. A person of Indian origin who is a resident of any
country outside undivided India.
3. A person who is married to an Indian citizen and is
ordinarily resident for 5 years before applying for
registration.
4. Minor children of persons who are citizens of India.
In Hari Shankar Jain v. Sonia Gandhi, the Supreme Court
has rules that in spite of a person having been enrolled in
the voters list, the question whether he is a citizen of
India and hence qualified for, or disqualified from,
contesting an election, can be raised before and tried by
the High Court hearing an election petition.
By naturalization (Section 6)
Naturalization refers to an act of the state by which rights
of citizenship are conferred upon a person who was
before, an alien to that State.
A person can acquire citizenship by naturalization if
he/she is ordinarily resident of India for 12 years
(throughout 12 months preceding the date of application
and 11 years in the aggregate) and fulfils the following
qualifications -
· He is not a citizen of any country where citizens of
India are prevented from becoming citizens of that
country by naturalization;
· If he is a citizen of any country, he undertakes to
renounce the citizenship of that country in the event
of his application for Indian citizenship being
 accepted;
· He bears a good moral character;
· He has an adequate knowledge of a language
specified in the Eighth Schedule of the Constitution
of India;
· After getting the citizenship through naturalization,
he intends to reside in India or to enter into or
continue in, service under the Government in India
or under an international organization of which India
is a member or under a society, company or body of
persons established in India.
Citizenship by Incorporation of Territory
Section 7 - Citizenship by incorporation of territory.
If any territory becomes a part of India, the Central
Government may, by order notified in the Official
Gazette, specify the persons who shall be citizens of India
by reason of their connection with that territory; and
those persons shall be citizens of India as from the date
to be specified in the order.
Article 7 basically provides that in case India extents its
territory from its existing territory, then by order of
Government of India, the people already residing in that
territory can be issued Indian Citizenship.

TERMINATION OF CITIZENSHIP
OF INDIA
The Citizenship Act, 1955, provides that the Citizenship of
India can be terminated in following ways -
8. By renunciation
9. By terminations
10. By deprivation
By Renunciation
Section 8 of the Citizenship Act, 1955, provides that a
person of full age and capacity ceases to be Indian citizen
if he makes declaration to renounce his/her citizenship to
the prescribed authority. In addition, any minor child of
that person also loses Indian citizenship from the date of
renunciation. When the child reaches the age of 18, he or
she has the right to have his or her Indian citizenship
restored.
In Jan Balaz v. Anand Municipality, a child born in India,
to surrogate mother, an Indian National, whose biological
father is foreign national, is held to be a citizen of India
by birth under Section 3(1)(c)(ii) of the Citizenship Act,
1955.
By Termination
When an Indian citizen voluntarily acquires the
citizenship of another country, he/she automatically
ceases to be Indian. This provision does not apply during
a war in which India is engaged. The basic difference
between renunciation and termination is that
renunciation applies to any adult who renounces his
citizenship whereas termination clause applies to any
citizen of India irrespective of his age. So, if a minor
acquires citizenship of any foreign state he/she cease to
be an Indian citizen.
By Deprivation
Deprivation of citizenship is when by the order of Central
Government a person is deprived of Indian citizenship.
Government issues such order only incase it is satisfied
that it is not conducive to the public good that person
should continue to be a citizen of India.
1. The citizen has obtained the citizenship by fraud;
2. The citizen has shown disloyalty to the Constitution of
India;
3. The citizen has unlawfully traded or communicated
with the enemy during a war;
4. The citizen has, within five years after registration or
naturalization, been imprisoned in any country for two
years; and
5. The citizen has been ordinarily resident out of India for
seven years continuously (not applicable to students
studying abroad or to citizens in the service of a
government in India or an international organization of
which India is a member, or to citizens who register
annually at an Indian consulate regarding their intention
to retain his Indian citizenship).