Citizenship Rights in India (Artcles 5-11): UPSC Mains Notes

Citizenship Rights in India form the foundation of the relationship between an individual and the Indian State. The Constitution of India defines who can be a citizen and guarantees several rights and protections that enable citizens to participate in the country's political, social, and economic life.

Citizenship Rights in India is an important topic in the Indian Polity syllabus for the UPSC. Questions related to Citizenship in India, Constitutional provisions, rights of Indian citizens, and recent developments such as the Citizenship Amendment Act (CAA) are frequently asked in both UPSC Prelims and Mains. 

These UPSC Mains Notes on Citizenship Rights in India provide a comprehensive overview of the constitutional framework governing citizenship. 

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. 

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 lack protection against arrest and detention (Article 22).

The constitution deals with citizenship in 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, the 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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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 Governors of states, etc.

In India, both citizens by birth and naturalised citizens are eligible for the office of President, whereas in the USA, only citizens by birth are eligible.

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 and 1 July 1987: Citizenship by birth, regardless of parents’ nationality.
• Between 1 July 1987 and 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 the 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.
• 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. 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 naturalisation.
• If the citizen has been ordinarily residing outside India for seven years.

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

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Understanding Citizenship Rights in India is essential for building a strong foundation in Indian Polity and the Constitution. Regular revision of these UPSC Mains notes, along with linking the topic to current affairs and landmark judgments, will help you develop analytical answers for the Mains examination and improve your overall UPSC preparation.