How to get Indian Citizenship
Citizenship
Citizens
- Citizens are full members of the Indian State.
- They owe allegiance (loyalty) to India and enjoy all civil and political rights.
Aliens
- Aliens are citizens of another country living in India.
- They do not enjoy all the rights available to Indian citizens.
Types of Aliens
- Friendly Aliens - Citizens of countries that are friendly with India.
- Enemy Aliens - Citizens of countries that are at war with India. They have fewer rights, especially under Article 22.
Historical Background of Citizenship
Partition of India – 15 August 1947
- India and Pakistan were divided during Partition.
- Large movement of people took place between the two countries.
Permit System – 19 July 1948
- To control migration between India and Pakistan, the government introduced the Permit System.
Features
- People needed a permit to cross the border.
- Permit was issued by the respective governments.
- It worked like a temporary Passport/Visa system.
The Constitution of India came into force on 26 January 1950.
Rights Available Only to Indian Citizens
Fundamental Rights for Citizens
- Article 15 - Protection against discrimination on grounds of: Religion, Race, Caste, Sex, Place of birth
- Article 16 - Equality of opportunity in public employment (government jobs).
- Article 19 - Six freedoms: Freedom of speech and expression, Freedom of assembly, Freedom of association, Freedom of movement, Freedom of residence, Freedom of profession
- Articles 29 & 30 - Cultural and Educational Rights.
Other Rights of Citizens
- Right to vote
- Right to contest elections
- Eligibility for important public offices like: President, Vice-President, Judges of Supreme Court and High Courts
Duties of Citizens
- Rights always come with duties.
- Citizens must: Respect the Constitution, Obey laws, Protect national unity & Perform Fundamental Duties
Nationality
- Nationality means belonging to a particular nation or country.
- A person’s nationality shows which country he/she legally belongs to.
Universal Declaration of Human Rights (UDHR)
Article 15 of UDHR states
- Everyone has the right to a nationality.
- No one can be unfairly deprived of nationality.
- Everyone has the right to change nationality.
Quick Revision Points
| Topic | Important Point |
|---|---|
| Citizen | Full member of Indian State |
| Alien | Citizen of another country |
| Enemy Alien | Has fewer rights |
| Partition | 15 August 1947 |
| Permit System | 19 July 1948 |
| Constitution Enforced | 26 January 1950 |
| Citizen Rights | Articles 15, 16, 19, 29, 30 |
| Nationality | Legal belonging to a nation |
Citizenship vs Nationality
| Basis | Citizenship | Nationality |
|---|---|---|
| Meaning | Political status of a person | Legal belonging to a nation |
| Shows | Relationship between individual and nation-state | Membership of a state |
| Rights | Gives political & civil rights | Shows legal identity with nation |
| Scope | Narrow concept | Broader concept |
Nationality = Which country you belong to & Citizenship = Legal and political rights in that country
Domicile
- The term “Domicile” is not defined in the Constitution.
- It means: A permanent home where a person lives with the intention of staying there for an indefinite period.
A person can have only one domicile at a time.
Residence vs Domicile
| Residence | Domicile |
|---|---|
| Physical stay at a place | Permanent stay with intention to remain |
| Temporary or short-term possible | Intention to live indefinitely |
| Only fact of living | Living + intention |
Easy Trick
- Residence = Staying
- Domicile = Permanent Home
Constitutional Provisions of Citizenship
- Citizenship comes under the Union List
- Only Parliament can make laws regarding citizenship
- Constitution does not define the word “Citizen”
- Articles 5 to 11 came into force on 26 November 1949
Articles Related to Citizenship
| Article | Provision |
|---|---|
| Article 5 | Citizenship by domicile |
| Article 6 | Citizenship of migrants from Pakistan to India |
| Article 7 | Rights of migrants who went to Pakistan and returned |
| Article 8 | Citizenship of Indians living abroad |
| Article 9 | Loss of citizenship after taking citizenship of another country |
| Article 10 | Continuance of citizenship |
| Article 11 | Parliament’s power to regulate citizenship |
Article 5 – Citizenship by Domicile
A person became citizen of India if:
Conditions
-
Born in India
OR -
Either parent born in India
OR - Ordinary resident in India for at least 5 years before commencement of Constitution
Article 6 – Migrants from Pakistan to India
19 July 1948
- India introduced the Permit System and closed borders for free migration.
- People could cross borders only with permit.
Before 19 July 1948
Conditions
- Person/parents/grandparents born in Undivided India
- Resident in India after migration
On or After 19 July 1948
Conditions
- Migrated to India
- Lived in India for at least 6 months
- Registered as citizen of India
In 1947, Partition of India was finalized under Lord Mountbatten.
Article 7 – Migrated to Pakistan and Returned to India
This article applies to people who:
- Migrated to Pakistan after Partition
- Later returned to India
Conditions
- Stayed in India for at least 6 months after return
- Applied for registration
- Registered as citizen of India
Article 8 – Indians Living Abroad
Applies to: Persons of Indian origin living outside India.
Conditions
- Person/parents/grandparents born in Undivided India
- Registered at Indian Embassy/Consulate abroad
Quick Revision Table
| Article | Topic | Key Point |
|---|---|---|
| 5 | Citizenship by domicile | Birth/parent/residence |
| 6 | Migrants from Pakistan | Before & after 19 July 1948 |
| 7 | Went to Pakistan & returned | Registration needed |
| 8 | Indians abroad | Indian origin outside India |
| 9 | Loss of citizenship | Foreign citizenship taken |
| 10 | Continuance | Citizenship continues |
| 11 | Parliament power | Can make citizenship laws |
One-Line Revision
- Nationality = Belonging to a country
- Citizenship = Political/legal rights in country
- Residence = Living somewhere
- Domicile = Permanent home with intention to stay
- 19 July 1948 = Permit System introduced
- Articles 5–11 = Citizenship provisions in Constitution
Articles 9, 10 and 11
| Article | Provision |
|---|---|
| Article 9 | Termination of citizenship if a person voluntarily acquires citizenship of another country |
| Article 10 | Continuance of citizenship rights unless Parliament makes a law |
| Article 11 | Parliament has power to regulate citizenship by law |
Citizenship Act, 1955
The Citizenship Act, 1955 deals with
- Acquisition of citizenship
- Loss of citizenship
The Act earlier provided for Commonwealth Citizenship, but this provision was removed by the Citizenship (Amendment) Act, 2003.
Ways of Acquiring Citizenship
The Citizenship Act, 1955 provides 5 ways to acquire Indian citizenship:
- By Birth
- By Descent
- By Registration
- By Naturalisation
- By Incorporation of Territory
Special Provisions of Persons Covered by Assam Accord
1. Citizenship by Birth
(A) Born between 26 Jan 1950 - 1 July 1987
Any person born in India during this period is automatically a citizen of India, irrespective of parents’ nationality.
(B) Born between 1 July 1987 - 2 Dec 2004
A person is citizen if: Either parent was an Indian citizen at the time of birth. (Added by Citizenship Amendment Act, 1986)
(C) Born on or after 3 Dec 2004
A person is citizen if: Both parents are Indian citizens OR One parent is citizen and the other is not an illegal migrant. (Added by Citizenship Amendment Act, 2005)
Exceptions (Cannot get Citizenship by Birth)
- Children of foreign diplomats in India
- Children of enemy aliens
2. Citizenship by Descent
Born outside India
Before 10 Dec 1992
- Citizen if: Father was Indian citizen by birth.
Between 10 Dec 1992 - 3 Dec 2004
- Citizen if: Either parent was Indian citizen by birth.
After 3 Dec 2004
Conditions:
- Birth must be registered at Indian Consulate within 1 year
- Parents must declare child does not hold passport of another country
3. Citizenship by Registration
Citizenship can be acquired by registration in these cases:
Eligible Persons
- Person of Indian origin residing in India for 7 years
- Person of Indian origin living outside undivided India
- Person married to Indian citizen and residing in India for 7 years
- Minor children of Indian citizens
- OCI cardholder registered for 5 years and residing in India for 12 months before application
4. Citizenship by Naturalisation
A foreigner can become Indian citizen through naturalisation.
Conditions
- Must reside in India for: 12 months immediately before application and Total 11 years in aggregate
- Must fulfill conditions in Third Schedule of Citizenship Act.
- Must know at least one language from the 8th Schedule
- Must be of good character
Important Points on Naturalisation
- India follows Single Citizenship
- After acquiring Indian citizenship, old citizenship must be given up.
Government Can Relax Conditions
If person has made distinguished contribution in: Science, Philosophy, Art, Literature, World peace, Human progress
Foreign National of Indian Origin
| Situation | Method |
|---|---|
| Person of Indian origin | Registration |
| Foreign national generally | Naturalisation |
5. Citizenship by Incorporation of Territory
- If a foreign territory becomes part of India, Government of India decides who will become citizens.
- Citizenship starts from the date notified by Government.
Assam Accord and Citizenship
The Citizenship (Amendment) Act, 1985 added special provisions for people covered under the Assam Accord.
Important Dates in Assam Accord
| Date | Provision |
|---|---|
| Before 1 Jan 1966 | Persons ordinarily residing in Assam became citizens |
| Between 1 Jan 1966 – 25 March 1971 | Allowed citizenship after registration |
| On/After 25 March 1971 | Treated as foreigners if detected |
People detected as foreigners after 25 March 1971: Had to register & Could not vote for 10 years
Quick Revision Table
| Topic | Key Point |
|---|---|
| Article 9 | Loss of citizenship after foreign citizenship |
| Article 10 | Citizenship continues |
| Article 11 | Parliament can make laws |
| Citizenship Act | 1955 |
| Ways to acquire citizenship | 5 methods |
| By Birth | Depends on birth period |
| By Descent | Born outside India |
| By Registration | Indian origin/marriage |
| By Naturalisation | Long residence + conditions |
| By Incorporation | Foreign territory joins India |
| Assam Accord | Special citizenship provisions |
Loss of Citizenship
Indian citizenship can be lost in 3 ways:
- Renunciation
- Termination
- Deprivation
1. Renunciation
- A citizen of India who is: of full age (18+) & mentally capable can voluntarily give up Indian citizenship.
- If that person has a minor child (below 18 years), the child also loses Indian citizenship automatically.
2. Termination
- Indian citizenship automatically ends when: A person voluntarily acquires citizenship of another country.
- The foreign citizenship must be acquired: knowingly, consciously without pressure or force
3. Deprivation
Government can deprive a person of citizenship in certain situations.
Grounds for Deprivation
- Citizenship obtained by fraud
- Disloyalty to Constitution of India
- Helping enemy during war
- Staying outside India continuously for 7 years
- Imprisonment for 2 years or more within 5 years after registration/naturalisation
Single Citizenship in India
India follows the concept of Single Citizenship.
This means:
- Citizens owe allegiance only to the Union of India.
- There is no separate state citizenship.
In United States, people have: US Citizenship & State Citizenship But in India: Only Indian Citizenship exists.
NRI, PIO and OCI
| Term | Meaning |
|---|---|
| NRI | Non-Resident Indian |
| PIO | Person of Indian Origin |
| OCI | Overseas Citizen of India |
NRI (Non-Resident Indian)
- An Indian citizen: living outside India holding Indian passport
- No visa required because person is still Indian citizen.
PIO (Person of Indian Origin)
- A person: whose ancestors were Indian citizens but currently holds foreign citizenship/passport
- Visa required to visit India.
OCI (Overseas Citizen of India)
- A foreign citizen registered as OCI Cardholder under Citizenship Act, 1955.
NRI vs PIO vs OCI
| Feature | NRI (Non-Resident Indian) | PIO (Person of Indian Origin) | OCI (Overseas Citizen of India) |
|---|---|---|---|
| Meaning | Indian citizen living outside India | Foreign citizen whose ancestors were Indian | Foreign citizen registered as OCI Cardholder |
| Citizenship | Indian Citizenship | Foreign Citizenship | Foreign Citizenship |
| Passport Held | Indian Passport | Foreign Passport | Foreign Passport |
| Indian Origin Required | Not necessary | Yes | Yes |
| Voting Rights in India | Yes (subject to rules) | No | No |
| Contest Elections | Yes | No | No |
| Constitutional Offices | Eligible (if other conditions met) | Not Eligible | Not Eligible |
| Visa for India | Not Required | Required | Not Required |
| Stay in India | No restriction | As per visa conditions | Lifelong stay permitted |
| FRRO Registration | Not Required | May be required as per visa rules | Exempted from FRRO registration |
| Agricultural Land Purchase | Allowed as Indian citizen | Not Allowed | Not Allowed |
| Economic & Educational Benefits | Full benefits available to citizens | No special benefits | Similar benefits as NRI in many economic, financial & educational matters |
| Inter-country Adoption | Allowed as citizen | No special provision | Treated at par with NRI |
| Domestic Airfare Benefits | Normal citizen rates | No special benefit | Treated at par with resident Indians |
| Research Work in India | Allowed | Depends on visa | Special permission required |
| Can Become Indian Citizen? | Already Indian citizen | Yes, through Registration/Naturalisation | Yes, through Registration after fulfilling conditions |
OCI and Citizenship
A PIO registered as OCI cardholder for: 5 years and residing in India for 12 months can apply for Indian citizenship through registration.
L.M. Singhvi Committee (2002)
The L. M. Singhvi Committee recommended: granting dual citizenship to Persons of Indian Origin from selected countries.
Citizenship Amendment Act (CAA), 2003
The Citizenship Amendment Act, 2003
- introduced OCI concept
- allowed OCI for PIOs from 16 countries
- excluded Pakistan and Bangladesh
Citizenship Amendment Act, 2015
The 2015 amendment:
- merged PIO and OCI schemes
- all PIO cardholders became OCI cardholders automatically
This removed difference between PIO and OCI.
Benefits of OCI Cardholder
Main Benefits
- Lifelong multiple visa for India
- No need to register with FRRO
- Equal treatment with NRIs in: economic fields, educational fields & financial matters
- Equal treatment in inter-country adoption
- Domestic airfare parity with NRIs
Restriction on OCI
OCI holders: cannot buy agricultural or plantation land & need special permission for research work
Visa Comparison
| Category | Visa Requirement |
|---|---|
| NRI | No visa required |
| PIO | Visa required |
| OCI | Lifelong visa-free entry |
Amendments to Citizenship Act, 1955
The Act was amended in: 1986, 1992, 2003, 2005, 2015, 2019
Citizenship Amendment Act, 2003
Introduced the term: Illegal Migrant. Illegal Migrant Meaning - A person who: entered India without valid documents OR stayed after visa expiry
Rights of Illegal Migrants
Under CAA 2003: Illegal migrants cannot acquire citizenship through: Birth, Registration, Descent & Naturalisation
Citizenship Amendment Act (CAA), 2019
- The CAA 2019 provides citizenship to illegal migrants from: Pakistan, Bangladesh & Afghanistan
- Eligible Communities under CAA 2019: Hindu, Sikh, Buddhist, Jain, Parsi & Christian. These are minority communities in those countries.
- To get benefit under CAA 2019: person must have entered India on or before 31 December 2014
Effects of CAA 2019
Such persons: Will be treated as Indian citizens from date of entry & Legal cases related to illegal migration will be closed
Areas Excluded from CAA
Benefits are not applicable in tribal areas of: Assam, Meghalaya, Mizoram & Tripura
Change in Naturalisation Period
| Act | Residence Requirement |
|---|---|
| CAA 2016 | 6 years |
| CAA 2019 | Reduced to 5 years |
Why CAA is Opposed?
Main Reasons
- Muslims from these countries not included
- Debate regarding Article 14 (Right to Equality)
- Opposition from North-East states
- Jews and atheists not included
- Countries like: Nepal, Bhutan, Sri Lanka, Myanmar are excluded
Important Acts Related to Foreigners
| Act | Purpose |
|---|---|
| Foreigners Act, 1946 | Controls foreigners in India |
| Passport (Entry into India) Act, 1920 | Controls entry/exit of foreigners |
These Acts allow Central Government to: detain deport & regulate foreigners
To understand how Indian citizenship is acquired today, it is important to know the historical background of Indian polity. The concept of citizenship became especially significant after the Partition of India in 1947, when large-scale migration took place between India and Pakistan. The Constitution makers included detailed citizenship provisions under Articles 5 to 11 to address these issues. For a deeper understanding, read our detailed guide on Historical Background of Indian Polity.
Quick Revision Table
| Topic | Key Point |
|---|---|
| Loss of citizenship | Renunciation, Termination, Deprivation |
| Single Citizenship | Only Indian citizenship |
| NRI | Indian citizen abroad |
| PIO | Foreign citizen of Indian origin |
| OCI | Overseas Citizen of India |
| CAA 2003 | Introduced illegal migrant |
| CAA 2015 | Merged PIO with OCI |
| CAA 2019 | Citizenship to 6 communities |
| Illegal Migrant | No valid documents/visa expired |
| Excluded states | Assam, Meghalaya, Mizoram, Tripura |
Tags:
Polity