CITIZENSHIP

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 RIGHTS ONLY TO CITIZENS RIGHTS TO ALIENS
● They enjoy all civil and political rights ● Aliens are the citizens of some other state
● 1. Right against discrimination on grounds of and hence, do not enjoy all the civil and political
religion, race, caste, sex or place of birth rights
(Article 15). ● All other rights except Article- 15,16,19,29,30
2. Right to equality of opportunity in the matter are enjoyed by Aliens
of public employment (Article 16). ● However Enemy aliens do not enjoy
3. Right to freedom of speech and expression, protection against arrest and detention
assembly, association, movement, residence (Article 22).
and profession (Article 19).
4. Cultural and educational rights (Articles 29 *Note :
and 30). In India both a citizen by birth as
5. Right to vote in elections to the Lok Sabha and EX:
well as a naturalized citizen are
state legislative assembly.
6. Right to contest for the membership of the eligible for the office of President
Parliament and the state legislature. while in USA, only a citizen by birth
7. Eligibility to hold certain public offices, that is, and not a naturalized citizen is
President of India, Vice-President of India, eligible for the office of President
judges of the Supreme Court and the high British citizens staying in India cannot claim
courts, Governor of states, Attorney General of right to FREEDOM OF TRADE AND PROFESSION
India and Advocate General of states. (UPSC PRE 1999)

CONSTITUTIONAL PROVISIONS: (citizenship from Articles 5 to

11 under Part II)

● It only identifies the persons who became citizens of India at its commencement
(i.e., on January 26, 1950)
● neither any permanent nor any elaborate provisions
● It does not deal with the problem of acquisition or loss of citizenship subsequent to
its commencement
● empowers the Parliament to enact a law on matter relating to citizenship

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Following four categories of persons became the citizens of
India at its commencement i.e., on January 26, 1950

ARTICLE 5 Person who had his domicile in India and also

fulfilled any one of the three conditions, viz.,
1) if he was born in India;
2) or if either of his parents was born in India;
3) or if he has been ordinarily resident in India
for five years immediately before the
commencement of the Constitution, became a
citizen of India.
ARTICLE 6 A person who migrated to India from Pakistan; if
he or either of his parents or any of his
grandparents was born in undivided India And
also fulfill any of 2 conditions
1) he migrated to India before July 19, 1948 , he
had been ordinarily resident in India since the date
of his migration
2) he migrated to India before July 19, 19481 , he
had been ordinarily resident in India since the date
of his migration (residence for 6 months before
registration)
ARTICLE 7 A person who migrated to Pakistan from India after
March 1, 1947 returned to India for resettlement-
he had to be resident in India for six months
preceding the date of his application
ARTICLE 8 provision covers the overseas Indians who
may want to acquire Indian citizenship
(persons of Indian origin residing outside
India)

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 CITIZENSHIP ACT, 1955

Acquisition of Citizenship Loss of Citizenship

1. By Birth 1. By Renunciation
● A person born in India on or after January 26, ● Any citizen of India of full age and capacity can
1950 but before July 1, 1987 is a citizen of India by make a declaration renouncing his Indian citizenship
birth ● If such a declaration is made during a war in
● born in India on or after July 1, 1987 : citizen which India is engaged, its registration shall be
only if either of his parents is a citizen of India at the withheld by the Central Government
time of his birth ● when a person renounces his Indian citizenship,
● born in India on or after December 3, 2004 are every minor child of that person also loses Indian
considered citizens of India only if both of their citizenship. However, when such a child attains the
parents are citizens of India age of eighteen, he may resume Indian citizenship

*NOTE- children of foreign diplomats posted in India 2. By Termination

and enemy aliens cannot acquire Indian citizenship ● When an Indian citizen voluntarily (consciously,
by birth knowingly and without duress, undue influence or
compulsion) acquires the citizenship of another
2. By Descent country, his Indian citizenship automatically
● person born outside India on or after January 26, terminates
1950 but before December 10, 1992 is a citizen of ● does not apply during a war in which India is
India by descent, if his father was a citizen of engaged.
India at the time of his birth
● December 3, 2004 onwards, a person born 3. By Deprivation
outside India shall not be a citizen of India by It is a compulsory termination of Indian citizenship by
descent, unless his birth is registered the Central government, if:
(a) the citizen has obtained the citizenship by fraud:
3. By Registration (b) the citizen has shown disloyalty to the Constitution
on an application, register as a citizen of India any of India:
person (not being an illegal migrant) if he belongs- (c) the citizen has unlawfully traded or
● ordinarily resident in India for seven years communicated with the enemy during a war;
● person who is married to a citizen of India and (d) the citizen has, within five years after
is ordinarily resident in India for seven years registration or naturalization, been imprisoned in
● registered as an overseas citizen of India any country for two years; and
cardholder for five years, and who is ordinarily (e) the citizen has been ordinarily resident out of India
resident in India for twelve months before making an for seven years continuously
application for registration

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 4. By Naturalization OVERSEAS CITIZENSHIP
on an application, grant a certificate of OF INDIA
naturalization to any person (not being an illegal ● In September 2000, the Government
migrant) if he- of India (Ministry of External Affairs) had
● not a subject or citizen of any country where set-up a High Level Committee on the
citizens of India are prevented from becoming
Indian Diaspora under the Chairmanship
subjects or citizens
of L.M. Singhvi
● he undertakes to renounce the citizenship of
Origin country in the event of his application for ● It recommended the amendment of
Indian citizenship being accepted the Citizenship Act (1955) to provide for
● resided in India or been in the service of a grant of dual citizenship to the Persons
Government in India of Indian Origin (PIOs) belonging to
● he is of good character certain specified countries
● adequate knowledge of a language specified in the ● Citizenship (Amendment) Act, 2005,
Eighth Schedule expanded the scope of grant of OCI for
5. By Incorporation of Territory PIOs of all countries except Pakistan and
For example, when Pondicherry became a part of Bangladesh as long as their home
India countries all dual citizenship under their
local laws (OCI is not actually a dual
6. Special Provisions as to citizenships as the Indian Constitution
Citizenship of Persons Covered by forbids dual citizenship or dual nationality
the Assam Accord (which related
(Article 9)
to the foreigners’ issue):
● The OCI card scheme was introduced
● All persons of Indian origin who came to Assam on December 2, 2005.
before the January 1, 1966 from Bangladesh - ● The Citizenship (Amendment) Act,
Who have been ordinarily residents in Assam 2015, replaced the nomenclature of
since the date of their entry into Assam shall be “Overseas Citizen of India” with that of
deemed to be citizens “Overseas Citizen of India
● who came to Assam on or after January 1, 1966 Cardholder”(OCIC)
but before March 25, 1971 from Bangladesh and
who has been ordinarily resident in Assam since the
date of his entry into Assam and who has been
detected to be a foreigner shall register himself.

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 COMPARING NRI, PIO AND OCI CARDHOLDER

NonResident Indian (NRI) Person of Indian Overseas citizens of

Origin(PIO) India(OCI)Cardholder
An Indian citizen who is ordinarily A person who or whose any of A Person registered as Overseas
residing outside India and holds an ancestors was an Indian Citizen of India (OCI) Cardholder
Indian Passport national and who is presently under the Citizenship Act, 1955
holding another country’s
citizenship / nationality i.e.
he/she is holding foreign
passport
All benefits as available to Indian No specific benefits Activity 1)Multiple lifelong visa for visiting
citizens subject to notifications issued as per the type of visa India for any purpose (require a
by the Government from time to time obtained special permission to undertake
research work in India)
NO VISA REQUIRED As per the Citizenship Act, 2) Exemption from registration with
1955, he/she has to be Foreigners Regional Registration
ALL ACTIVITIES ordinarily resident in India for Officer (FRRO)
a period of 7 years before 3) Parity with NonResident Indians
He/she is an Indian citizen making an application for (NRIs) in respect of all facilities
registration available to them in economic,
financial, and educational fields
except in matters relating to the
acquisition of agricultural or
plantation properties
4) treated at par with NonResident
Indians in the matter of
intercountry adoption of Indian
children
5) treated at par with resident Indian
nationals in the matter of tariffs in air
fares in domestic sectors in India

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