INDIAN POLITY

LECTURE-6 CITIZENSHIP

INTRODUCTION
• Citizen is a native or naturalized person of a nation who owes his allegiance to the nation and is legally
recognized. He is entitled to enjoy all the legal rights and privileges provided by the State.
• Citizenship is a state of being a citizen of a particular social, political or national community.
• Part II of Indian Constitution (Article 5 to Article 11) deals with the Citizenship of India during the
commencement of the constitution.
Part 2 (Article 5-11) relating to Citizenship, came into force on November 26,1949 itself.
• The Constitution describes that who would be considered the citizens of India from the commencement
date of constitution i.e from 26th January ,1950.
Citizenship
Single Citizenship
• A person residing within the territory of a country has a single uniform citizenship applicable throughout
the country.
• The civic and political rights, conferred by the Constitution can be equally claimed by any citizen of India
irrespective of his birth and residence in any part of Indian territory.
• India adopted Single Citizenship for Canada.
Dual Citizenship
• In federal Countries, like USA and Switzerland there is a dual citizenship a federal or National citizenship
and citizenship of the state where a person is born or permanently resides.
• There are distinct rights and obligations flowing from the two separate set of citizenship owing to one’s
domicile.
• India adopted Single Citizenship for Canada.
• In federal Countries, like USA and Switzerland there is a dual citizenship a federal or National citizenship
and citizenship of the state where a person is born or permanently resides.
• There are distinct rights and obligations flowing from the two separate set of citizenship owing to one’s
domicile.
Residents
Aliens
• An alien is a person from a foreign country who is not a citizen of the host country.
• Aliens require visa or work permits (non-resident aliens). Resident aliens require documentation.
• A registered alien may be a temporary or a permanent resident but is not considered a citizen hence
denied the right to vote or other rights conferred upon citizens like holding a prominent office in
government.
Refugees
• Refugees are people who have been forced to leave their country in order to escape war, persecution or
a natural disaster.
• Refugees move out of fear or necessity to flee persecution, natural disaster, war, violence or human rights
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 • A refugee is recognised under 1951 Convention defining as owing to well founded fear of being persecuted
for reasons of race, religion, nationality, membership of a particular social group or political opinion and
is unable or unwilling to return to the native country.
IMMIGRANTS
• An immigrant is someone from a foreign country who re-locates to live in another country, subjected to
the laws of the adopted/host countries.
• Immigrants are usually driven by economic factors.
• Illegal immigrants are people who enter a country without meeting legal requirements for entry.
Asylum Seekers
• An asylum seeker is someone who is seeking international protection but whose claim for refugee status
has not yet been determined.
Citizens
• A person, who is entitled to all the civil and political rights and privileges granted by a state to the people
comprising its constituency and is obligates to obey it’s laws and fulfil his duties as called upon.
Constitutional
Provisions related to Citizenship
Article 5
• Article 5 refers to the citizenship on January 26,1950. This article provides that the ordinary resident in
the territory of India since of or before January 26, 1950 were deemed to be an Indian citizen at the
commencement of Constitution [Article 5(a)].
• If Either of his parents were born in territory of India irrespective of the nationality of his parents or the
place of birth of such person [Article 5(b)].
• Every person who or whose father or mother was not born in India but who had domiciled in Indian
territory and had been ordinarily residing within the territory of India for not less than 5 years immediately
preceding the commencement of Constitution with intention of permanently residing in India would
become a citizen of India [Article 5©].
Article 6
• This Article provided citizenship to those persons who have migrated to India from Pakistan. If:
▪ He or either of his parents or grandparents were born in India as defined in the Government of India
Act, 1935 and,
▪ He had migrated before 19th July, 1948 and he has ordinarily resided within the territory of India
since the date of such migration or,
▪ If he migrated on or after 19thJuly, 1948 he further makes an application before an officer appointed
by Government of India for registration and is registered by that officer, being satisfied that applicant
has resided in territory of India for atleast six months before such an application.
Article 7
• Right of Citizenship of certain migrants to Pakistan who returned back to India with intention to live
permanently.
• Not withstanding anything in Article 5 and 6, a person who has after the first day (7 March,1947) migrated
from the territory of India to the territory now included in Pakistan shall not be deemed to be citizen of
India.
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 • 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 India under a permit issued by Government of India for
resettlement or permanent return or under the authority of any law provided he gets himself registered
in the same manner as under Article 6(b)(II).
Article 8
• This Article provides the right of Citizenship of certain persons of Indian origin residing outside India i.e.
• A person who, or any of whose parents or grandparents were born in India as defined in Government of
India Act, 1935 but who is ordinarily residing in any country outside India (whether before or after the
commencement of Constitution), on application in prescribed form, to the consular and diplomatic
representation of India in the country of his residence.
Article 9
• No person who has voluntarily acquired the Citizenship of any foreign state be a citizen of India or deemed
to be a Citizen of India.
Article 10
• Every person who is or is deemed to be Citizen of India shall continue to be such Citizen, subjects to the
provisions of any law made by the Parliament.
Article 11
• Parliament shall have the power to make any provision with respect to the acquisition and termination of
Citizenship and all other matters relating to Citizenship.
• In Exercise of this power, Parliament enacted Citizenship Act, 1955, under which various means of
acquiring the Citizenship after 26 January, 1950 were laid down.
Citizenship Act 1955 Acquisition of Citizenship
• Birth
• Descent
• Registration
• Incorporation of Territory
• Naturalisation
Loss of Citizenship
• Renunciation
• Termination
• Deprivation
Modes of Acquisition of Citizenship
Citizenship acquisition under Citizenship Act, 1955
• By Birth
• By Descent
• By Incorporation of Territory
• By Naturalisation
• By Registration
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 By Birth
• Born on or after January 26, 1950 but before 1st July, 1987, irrespective of nationality of his parents.
• If born after July, 1987 the he/she is a citizen only if either of his parents were a citizen of India at the time
of his birth.
• If born on or after 3 December, 2004 he shall be deemed to be citizen only if both of his parents are Indian
Citizens at the time of his birth.
• If born on or after 3 December, 2004 if neither of his parents are illegal migrants and one id Indian Citizen.
By Descent
• A person born outside India on or after January 26,1950 but before 10 December,1992 if his father was a
citizen of India at the time of his birth or if after 10 December, 1992 either of his parents were Indian
Citizens.
• If born after 3 December, 2004 and not registered within one year then he is not considered Indian Citizen.
• If person does not renounce citizenship of another country got by descent within 6 months of attaining
adult age (18 years) then he/she loses citizenship of India.
By Registration
• Can acquire citizenship by registering before prescribed authority if-
▪ Ordinary resident for 7 years who are persons of Indian origin.
▪ Married to Citizens of India and living for 7 years in India.
▪ Who is registered as Overseas Citizen of India for 5 years and residing in India for 12 Months before
such an application.
▪ Minor children of the person who are citizen of India.
▪ Who or either of his parents was earlier citizens of India and ordinarily residing in India for 12 months
before application.
By Naturalisation
• A foreigner not being an illegal migrant can acquire Indian Citizenship, on application for naturalisation
from the Government of India e.g. if he is not a citizen of a country where Citizens of India are denied
citizenship and he decided to renounce the Citizenship of that country for application of Indian citizenship.
• If resided in India for atleast 11 Years in last 14 years and 12 months immediately preceding application
of citizenship and,
• He is of good Character.
• Has adequate knowledge of a language listed in Eighth schedule of the Constitution and he intends to
reside in India or to continue into or enter into service of Government of India in certificate of
naturalisation.
By Incorporation of Territory
• If a new territory becomes a part of India, the Government of India shall specify the persons of that
territory who shall be the Citizens of India.
Loss of Citizenship
• It is based on the following grounds:
Loss of Citizenship Voluntary
• Acquisition of citizenship of another country.
• Involuntary
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• Deprivation
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• Under Citizenship Act, 1955 there are three ways of losing citizenship:

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 Lost of Citizenship By Renunciation
• It is voluntary act of renouncing the Citizenship of India when a person is holding Citizenship of India along
with some another country. Then he may renounce his Citizenship by registration of declaration of
renunciation.
• Minor of that person also loose Citizenship, although after 18 years’ age he may resume his Citizenship.
By Termination
• It takes place as soon as any citizen of India voluntary acquires the Citizenship of , another country.
By Deprivation
• It is compulsory termination of Indian Citizenship by Government of India if:
• Citizenship is acquired by fraudulent means.
• Citizenship has shown himself to be disloyal or disaffected towards the Indian Constitution.
• Citizen unlawfully traded or communicated with and enemy country during war.
• Living outside India for 7 years in continuation.
• Within 5 Years of registration or naturalization citizen has been imprisoned in any country for 2 years.
• As for Employment under the Union, there is no qualification for residence within any particular territory,
but by Article 16(3) of the Constitution, Parliament is empowered to lay residence as a necessary
qualification regarding any class/classes of employment under a State or a Union Territory.
• Since Article 15(1) of the Indian Constitution does not specifically mentions residence as a ground of
citizen shall be discriminated on ground of residence for employment under the State.
• It is Constitutionally permissible for a State to confer special benefits upon it’s residents in matters other
than those for which rights are conferred by the constitution upon all the citizens of India for example:
giving concession to it’s residents in matter of fess for admission to a college.
Dual Citizenship Law in India
• IN 2004, by an amendment to the Citizenship Act, the facility of Overseas Citizenship of India (OCT) was
made available to PIOs in 16 specialised countries. Later it was extended to PIOs of any country (expect
Pakistan and Bangladesh) that allows dual citizenship, by Citizenship (Amendment) Act,2005.
• Persons who had dual nationality as citizens of both India and a foreign country are subject to all Indian
laws.
Principles of Citizenship Jus Soli
• Confers citizenship on the basis of place of birth.
Jus Sanguinis
• Confers citizenship on the recognition of blood ties.
• Citizenship (amendment) Act,1985 came into existence following the needs to be incorporated according
to Assam Accord 1985.
• Assam Accord was signed in 1985 between Indian Government and All Assam Student’s Union (AASU) and
All Assam Gana Sangram Parishad for ending a violent struggle by Assamese owing to the illegal
immigration from Bangladesh post 1971.
• Illegal migrants were disturbing culture, identity, economy and demography of Assamese leading to
demand of deporting the illegal migrants from Bangladesh and banning further massive influx of migrants.
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 Major Provisions:
• Those who entered Assam before 1st January, 1966 were to be given the citizenship of Indian including
voting rights.
• Those persons who came to Assam between 1st January, 1996 to 24th March, 1971 and who have been
ordinary resident in Assam will be given the Citizenship but voting rights were denied for 10 years.
• Those who came after 24th March, 1971 were to be deported under the provision of the Foreigners Act,
1946 and Foreigners (Tribunal) Order, 1964.
Major Differences NPR
• NPR: National Population Register is a register of the usual residents of the country.
• A usual resident is a person, who has been residing in a local area for the past 6 months or more (or
intends to say). It is mandatory for every usual resident of India to register in NPR.
• NPR is prepared at the local, sub-district, district, state, and National level under provisions of the
citizenship Act 1955 and Citizenship rules 2003.
• The database under NPR is maintained by Registrar General of India and Census Commissioner of India,
Ministry of Home Affairs.
• NPR contains demographic as well as biometric details. NPR was prepared in 2011 Census and updated in
2015 (with mobile numbers, Aadhar and ration card numbers).
NCR
• NRC: National Register of Citizens is a verified digital register with names and demographic information
about all Indian citizens.
• A person born in India or having resided in India for atleast 11 years is eligible for Indian Citizenship.
• The register was first prepared after 1951 Census and will be updated shortly. Assam became the first
state in India where updation of NRC happened recently.
UID
• UID or Aadhar is a verifiable 12digit identification number issued by Unique Identification Authority of
India to the residents of India.
• Aadhar number itself is not a proof of Citizenship. It is a unique identification number with one’s biometric
data.
• Registration with UIDAI is considered voluntary.
Census v/s National Population Register (NPR)
• The recent exercise of NPR is related to Census 2021. Census is a macro exercise conducted in every
decade and is not intended to identify the individual identity details, while NPR is designed to collect
identity details of individuals. The government decided to update the National Population Register along
with houselisting place of Census 2021 during April- September 2020 in all states/UT’s except Assam (since
it recently completed NRC). While registering with NPR is mandatory, furnishing additional data as PAN,
Aadhar, Voter ID is voluntary. NPR will form the base for a nationwide National Register of Citizens. NPR
is not a citizenship enumeration drive since it will include all usual residents (even foreigners staying for
more than 6 months). Since NRC in Assam was prepared on a similar note, it is expected that after a list
of residents is created (NPR), a nationwide NRC could go for verifying citizens form that list.
Recent Issues of Citizenship (CAA2019)
• Citizenship (Amendment) Bill,2016 was passed in Lok Sabha in January,2019 seeking to amend the
Citizenship Act, 1955.
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 Key feature of Citizenship Amendment Act
• The Act makes religiously persecuted minorities (i.e. Hindus, Sikhs, Buddhists, Jains, Parsis, Christians)
from Afghanistan, Bangladesh and Pakistan eligible for Indian Citizenship.
• The Act reduces the requirements of 11 years of continuous stay in India to 6 years to obtain Citizenship
by naturalization for these communities belonging to these nations.
• Overseas Citizenship of India can be cancelled in case of violation of law.
Areas of Concern in the CAA
• This Act undermines the Assam Accord which was signed to deport all illegal migrants from Bangladesh
who entered Assam.
• This Act makes illegal migrants eligible for Citizenship based on religion. Also, it does not include Muslims
although it includes minorities like Hindus, Christians, Buddhists.
• Also concerns regarding persecution of Tamilians in Sri Lanka remain unaddressed.
• Violation of any law for cancellation of overseas citizenship may cover a wide range of offences including
minor one like breaking traffic rule.
• India is not a party to Convention on Refugees, 1951 and it is not a signatory for United Nations High
Commission for Refugees (UNHCR) too, but India should adhere to internationally accepted norms.
• Now, Legal status of Refugees is governed by political and administrative decisions. This adhoc approach
is defined by Foreigners Act, 1946 and Citizenship Act, 1955. This approach has led to varying treatment
of different refugee groups.
National Register of Citizens (NCR)
• The National Register Citizens is the register containing names of Indian citizens.
• It was prepared in 1951 after conducting the census of 1951 and was published only once in 1951.
• The NRC will be updated to include the names of these persons (or their descendents) who appear in NRC
1951, or in any of the electoral rolls up to the midnight of 24th March, 1971 or in any one of the other
admissible documents issued up to midnight of 24th March 1971, which could prove their presence in
Assam or in any part of India on or before 24th March, 1971.
• All the names appearing in the NRC, 1951 or any of the electoral rolls up to the midnight of 24th March,
1971 together are called Legacy Data.
• There are 2 requirements for inclusion into updated NRC:
▪ Existence of person’s name in pre 1971 period.
▪ Providing linkage with that person.
Pravasi Bhartiya Diwas
• Every year since 2003, it is celebrated on 9th January, marketing the occasion of Mahatma Gandhi’s return
to India from South Africa in 1915.
• During this event individuals of exceptional merit are honoured with Prestigious Bhartiya Samman Award
to appreciate their role in India’ s growth.
• 16th Pravasi Bhartiya Diwas was held on 9th January, 2020 in New Delhi.
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 Indians in Foreign Countries NRI
PIO
OCI
• These are simply Indian Citizen living abroad.
• Hold Indian Passport.
• Have all rights of Indian Citizens.
• Article 1 of the 1954 Convention relating to status of Stateless person not considered a national/citizen
automatically gets regarded as Stateless.
▪ Persons of Indian origin scheme was launched in 1999. PIO card is given to any person who can prove
their India origin/descent upto three generations.
▪ PIOs are either citizens or naturalized citizens of a country but of Indian origin.
▪ Generally valid for 15 years.
▪ PIOs card must be shown alongwith foreign passport.
▪ Pakistani and Bangladeshi citizens are not eligible for PIO.
▪ Overseas citizen of India scheme came into existence during 2006, Pravasi Bhartiya Diwas.
▪ To those who have Indian origin roots but hold citizenship of another country i.e. They are more
recent migrants who have taken citizenship of another country.
▪ OCI cardholder may take Indian Citizenship provided he stays for 1 year in India before application
but for PIO the requirement is 7 years.

• Recently, PIO and OCI cards were merged. Both cards are aimed at providing long term residency rights
to the people of Indian origin and to help them participate in economic and educational activities in India.
• Now PIO who face visa issue will get benefits like OCIs. This will lead to simplification of rules under a
single umbrella.
• Merging of two cards will facilitate travel of Indians staying abroad and their participation in various
activities in India.
• Article 14 of the 1948 Universal declaration of Human Rights provides everyone the right to seek asylum.
• 1951 Refuge Convention prohibit’s States from imposing penalties on those entering illegally, who come
directly from a territory where their life or freedom is threatened. United Nations High Commissioner for
Refugees (UNHCR) emphasizes that a person who has a well founded fear of persecution should be viewed
as a Refugee and not labelled an illegal immigrant as the very nature of persecution means that their only
means of escape may be via illegal entry or false documentation.
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