Citizenship of India: Meaning, Rights, Duties, Acquisition & Loss

India’s upcoming 2027 Census will include an update of the National Population Register (NPR). This may lead to the creation of a National Register of Indian Citizens (NRIC) to verify citizenship, affecting documentation, national security, and access to welfare schemes.

• Important for Prelims & Current Affairs
• Relevant for Ethics paper.
• Relevant for GS paper II (Polity and Governance).
• Essay topics related to “Role of Citizenship in Strengthening Indian Democracy.

Citizenship is the legal recognition of a person as a member of a sovereign state, entitling them to rights and privileges and obligating them to duties. 

Indian Citizenship: The Indian Constitution establishes a federal system with a dual polity, yet it provides for single citizenship across the entire country, governed by the Citizenship Act of 1955. In this framework, India classifies its population into two categories: citizens and non-citizens (aliens).

1. Citizen: Citizens are full members of the Indian state and owe allegiance to it.
2. Non-citizens (aliens): Aliens are citizens of some other state and do not enjoy all civil and political rights.  There are two categories of aliens:

• Friendly Aliens are citizens of those countries that have cordial relations with India.
• Enemy aliens are citizens of those countries that are at war with India. They enjoy fewer rights than friendly aliens; for example, they do not enjoy protection against arrest and detention(Article 22).

The Constitution of India distinguishes between citizens and aliens (foreign nationals) by conferring certain fundamental rights and privileges exclusively on Indian citizens and denying them to aliens.

• Right to vote in elections to the Lok Sabha and the state legislative assembly.
• Right to contest for membership of the parliament and state legislature.
• Eligibility to hold certain public offices, such as the President of India, the Vice-President of India, Judges, the Governor of states, etc.

In India, both citizens by birth as well as naturalised citizens are eligible for the office of President, while in the USA, only citizens by birth are eligible for the office of President.

The constitution deals with citizenship from Articles 5 to 11 under Part II and does not contain any permanent provision related to citizenship.

• It only identifies the persons who became citizens of India at its commencement, i.e, 26th of January 1950.
• It authorises Parliament to enact a law to provide for such matters and any other matters relating to citizenship. As a result, Parliament enacted the Citizenship Act 1955, which has been amended from time to time.
• The latest constitutional amendment is the Citizenship (Amendment) Act, 2019, which grants fast-track citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Afghanistan, and Bangladesh who arrived before 2014.

According to the constitution, the following categories of persons became the citizens of India at its commencement, i.e, on January 26, 1950:

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It provides for the acquisition and termination of citizenship after the commencement of the Constitution. Originally, the Citizenship Act 1955 provided for the commonwealth citizenship, which was removed by the Citizenship Amendment Act 2003.

Acquisition of Citizenship
The following are the five ways to acquire Indian citizenship, viz. Birth, descent, registration, naturalisation, and incorporation of territory:

1. By birth

Born in India:

• Between 26 January 1950 – 1 July 1987: Citizenship by birth, regardless of parents’ nationality.
• Between 1 July 1987 – 3 December 2004: At least one parent must be an Indian citizen.

On or after 3 December 2004: Either:

• Both parents are Indian, or
• One parent is Indian, and the other is not an illegal migrant.

2. By descent

Born outside India:

• 26 Jan 1950 – 10 Dec 1992: Father must be an Indian citizen at the time of birth.
• After 10 Dec 1992: Either parent may be an Indian citizen.
• After 3 Dec 2004: Must be registered at the Indian consulate within one year of birth (or with the central government’s permission).

3. By registration

Available to persons of Indian origin or relatives:

• Persons of Indian origin residing in India for 7 years.
• Persons of Indian origin residing abroad, with pre-partition roots.
• Spouses of Indian citizens (residing in India for 7 years).
• Minor children of Indian citizens.
• Overseas Citizens of India (OCI) registered for 5 years and resided in India for 1 year before application.

4. By Naturalisation

Available to foreign nationals (excluding illegal migrants):

• 12 months of continuous residence before application.
• 11 years of residence out of the previous 14 years.
• May be waived under special provisions: CAA 2019 reduces the requirement to 5 years for persecuted non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan (entry before 31 Dec 2014).

5. By Incorporation of Territory

• When a new territory becomes part of India, the government may notify that the residents become citizens as of a specific date.
• Example: Sikkim (1975) and Pondicherry (1962) accessions.

6. Special provisions under the Assam Accord

• The Citizenship (Amendment) Act of 1985 clarified citizenship for Indians who arrived in Assam before January 1, 1966, and have been residents there since then.
• Those found as foreigners after January 1, 1966, but before March 25, 1971, must register themselves.

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The Citizenship Act, 1955, establishes three distinct modes by which an Indian citizen may lose their citizenship: renunciation, termination, and deprivation. Each mode is governed by separate statutory provisions and operates under specific conditions.

1. By Renunciation: 
Any Indian citizen of full age and capacity may voluntarily renounce Indian citizenship by submitting a declaration in the prescribed form to the registering authority.
However, this provision will not apply when India is engaged in war, and its registration shall be withheld by the central government.

2. Termination
If an Indian citizen voluntarily acquires the citizenship of any other country, then his Indian citizenship will automatically be terminated.
This provision will not apply when India is engaged in war.

3. Deprivation
The Central Government must deprive an Indian citizen of citizenship if:

• If the citizenship has been acquired by fraudulent means.
• If the citizen has shown disrespect towards the Constitution.
• If the citizen has illegally established relations with the enemy during war or has given any anti-national information.
• If the citizen has been imprisoned for two years in any country during the five years of registration or naturalization.
• If the citizen has been ordinarily residing outside India for seven years.

Since its enactment, the Citizenship Act 1955 has been amended several times to address changing social, political, and security concerns. Here are the most significant amendments:

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As India grows as a vibrant democracy, its citizenship framework must evolve to meet new challenges. Here are the key focus areas for the future:

• Digitize Processes: Use technology to streamline applications for citizenship and OCI cards, reducing delays and improving access.
• Update Laws Regularly: Review citizenship laws to reflect changing global and social realities, balancing security with constitutional values.
• Protect Minorities: Implement measures like the CAA 2019 and Rules 2024 fairly, ensuring protection for persecuted minorities.

A modern, inclusive citizenship system should ensure safety, equality, and dignity for all legal citizens. With fairness, technology, and timely legal updates, India can strengthen both national integrity and democratic values.

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