UPSC Indian Polity - Citizenship

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CITIZENSHIP

INTRODUCTION-

Classification of Citizenship in INDIA

Short Summary of Articles related to Citizenship

Article 5- 11 under

ARTICLE NO.

5 Citizenship at the commencement of the

6 Rights of citizenship of certain persons who have

7 Rights of citizenship to

8 Rights of citizenship of certain persons of

9 Persons voluntarily

10 Continuance

11 Parliament

Single vs Dual Citizenship SINGLE CITIZENSHIP

For ex.- India Provides Single citizenship i.e., The Indian citizenship.

The citizens in India Allegiance only to Union

DUAL CITIZENSHIPparticular State which

of rights . ex- USA, Switzerland

CITIZEN- Full member of

Indian State .

Friendly Aliens- are citizens of those

countries that having cordial or

friendly relation with India.

States of America, Russia,

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CITIZENSHIP


Short Summary of Articles related to Citizenship-

Part II Deals with the Citizenship

SUBJECT MATTER

Citizenship at the commencement of the Constitution

Rights of citizenship of certain persons who have migrated to India

Rights of citizenship to certain migrants to Pakistan

Rights of citizenship of certain persons of Indian origin residing outside India

Persons voluntarily acquiring citizenship of foreign State

Continuance of the rights of citizenship

Parliament to regulate the right of citizenship by law

Dual Citizenship- SINGLE CITIZENSHIP- A person can have only one citizenship.

Provides Single citizenship i.e., The Indian citizenship.

Allegiance only to Union. There is no separate state Citizenship

DUAL CITIZENSHIP- A person is not only the Citizen of his/her Country but also of

tate which He belongs to. He owes allegiance to both and enjoys dual set USA, Switzerland etc.

Aliens

Country

are citizens of those

countries that having cordial or

friendly relation with India. Ex- United

Russia, Egypt etc.

Enemy Aliens

countries that is at war with India

Enjoy Lesser Rights than friendly

aliens. They do not enjoy

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migrated to India from Pakistan

Indian origin residing outside India

State not be citizens

Citizenship.

Country but also of

He belongs to. He owes allegiance to both and enjoys dual set

Aliens- Citizens of some other

Country

Enemy Aliens- are citizens of those

countries that is at war with India.

Enjoy Lesser Rights than friendly

aliens. They do not enjoy Art. 22



Categories of Persons became the citizens of India at its commencement i.e., on 26th January, 1950:

1. Article 5- At the commencement of this Constitution, every person who has his the territory of India and—

(a) Who was (b) Either of whose (c) who has been five years immediately preceding such

2. Article 6-Notwithstanding anything in article 5of India from the territory now included in Pakistanat the commencement of thi

(a) he or either of his parents or any of hisGovernment of India Act, 1935 (as originally enacted);and(b) (i) in the case where such person has sohas been ordinarily resident in the territory of India(ii) in the case where such person has has been registered as a citizen of India by an offthe Dominion of India on an application made by himcommencement of this Constitution in the form and manner prescribedby that Government: Provided that no person shall be so registered unlessfor at least six months immediately preceding the date of his

3. Article 7- person who has after the India to the territory now included in

Provided that nothing in this article shall apply to aterritory now included in Pakistan, has returned to the territory of Indiaresettlement or permanent return issuedperson shall for the purposes of clause (of India after the nineteenth day of July,

4. Article 8-Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is defined shall be deemed to be a citizen of by the diplomatic or consular representative of India in the country where he is for the time being residing on an application maderepresentative, whether before or after the commencement of this Constitutionform and manner prescribed by the Government of the Dominion of India or the Government of India.

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Categories of Persons became the citizens of India at its commencement i.e., January, 1950:

At the commencement of this Constitution, every person who has his —

) Who was born in the territory of India; or r of whose parents was born in the territory of India; or

) who has been ordinarily resident in the territory of India for not less than preceding such commencement, shall be a citizen of India.

Notwithstanding anything in article 5, a person who has migratedfrom the territory now included in Pakistan shall be deemed to be a citizen of India

at the commencement of this Constitution if— he or either of his parents or any of his grandparents was born in India as defined in the

Government of India Act, 1935 (as originally enacted);and in the case where such person has so migrated before the nineteenth day of J

has been ordinarily resident in the territory of India since the date of his migration, orin the case where such person has so migrated on or after the nineteenth day of July, 1948been registered as a citizen of India by an officer appointed in that behalf by the Government of Dominion of India on an application made by him therefore to such officer before the

this Constitution in the form and manner prescribed

shall be so registered unless he has been resident in the territory of India six months immediately preceding the date of his application.

person who has after the first day of March, 1947,migrated from the territory of e territory now included in Pakistan shall not be deemed to be a citizen of India

Provided that nothing in this article shall apply to a person who, after having so migrated to the included in Pakistan, has returned to the territory of India under a permit

resettlement or permanent return issued by or under the authority of any law and every suchperson shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory

nineteenth day of July, 1948.

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside Indiadefined shall be deemed to be a citizen of India if he has been registered as a citizen of India

or consular representative of India in the country where he is for the time application made by him therefore to such diplomatic or consular

whether before or after the commencement of this Constitutionform and manner prescribed by the Government of the Dominion of India or the

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Categories of Persons became the citizens of India at its commencement i.e.,

At the commencement of this Constitution, every person who has his domicile in

of India; or of India for not less than

shall be a citizen of India.

, a person who has migrated to the territory shall be deemed to be a citizen of India

as defined in the

migrated before the nineteenth day of July, 1948, he since the date of his migration, or

on or after the nineteenth day of July, 1948, he appointed in that behalf by the Government of

to such officer before the

he has been resident in the territory of India

,migrated from the territory of Pakistan shall not be deemed to be a citizen of India:

person who, after having so migrated to the under a permit for

by or under the authority of any law and every such deemed to have migrated to the territory

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act,

country outside India as so India if he has been registered as a citizen of India

or consular representative of India in the country where he is for the time by him therefore to such diplomatic or consular

whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the



Other Provisions

1. Article 9-No person shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired

2. Article 10- Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any made by Parliament, continue to be such citizen

3. Article 11- Nothing in the foregoing provof Parliament to make any provision with respect to the citizenship and all other

Modes of acquiring Indian citizenship By Birth By Descent By registration By naturalization By acquisition of territory

1. By Birth Those born in India on or after India by birth irrespective of the nationality of his parents.A person born in India on or after 1st July 1987 is considered as a citizen of citizen of India at the time of his birth.

2. By descent A person born outside Indiacitizen of India at the time of his birth.A person born outside India on or after 10th December 1992 us consideIndia if either of his parent is a citizen of India at the time of his birth.

Note- the children of

acquire Indian citizenship by birth.

Note from 3rd December 2004 onwards, a person

India by decent, unless his birth is registered at an

with the permission of the central government, after the expiry of the said period.

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Other Provisions Related to Citizenship

No person shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State.

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any

, continue to be such citizen.

Nothing in the foregoing provisions of this Part hall derogate from the power to make any provision with respect to the acquisition and termination of

and all other matters relating to citizenship.

Modes of acquiring Indian citizenship

By acquisition of territory

n or after 26th January 1950 but before 1 st July 1987India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987 is considered as a citizen of

at the time of his birth.

born outside India on or after 26th January but before 10th December 1992 is a citizen of India at the time of his birth. A person born outside India on or after 10th December 1992 us consideIndia if either of his parent is a citizen of India at the time of his birth.

the children of foreign diplomats posted in India and enemy aliens

acquire Indian citizenship by birth.

from 3rd December 2004 onwards, a person born outside India shall not be a citizen of

by decent, unless his birth is registered at an Indian consulate within one year of the date of birth or

of the central government, after the expiry of the said period.

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Related to Citizenship-

No person shall be a citizen of India or be deemed to be a citizen of India if he

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that maybe

isions of this Part hall derogate from the power acquisition and termination of

Modes of acquiring Indian citizenship-

before 1 st July 1987 is a citizen of

A person born in India on or after 1st July 1987 is considered as a citizen of his parent is a

on or after 26th January but before 10th December 1992 is a

A person born outside India on or after 10th December 1992 us considered as a citizen of

enemy aliens cannot

born outside India shall not be a citizen of

within one year of the date of birth or



3. By registration The central government may on an is not a citizen by virtue of constitution or the provision of the citizenship act.I. Persons of Indian origin who are an application for registration.II. Persons of Indian origin who are ordinarily resident in any country or undivided India. III. Persons who are or have been IV. Minor children of persons who are citizens if India.V. A persons of full age and VI. A persons of full age and capacity who has been immediately before making an application for registration VII. A person of full age and capacity who has been reand has been residing in India for one year before making and application for registration.

4.BY NATURALISATION Citizenship by naturalisation can be acquired by making an application in the prescribed manner. Qualification for the naturalisation are following.1. He must be a person of 2. He must not be citizen of a countrynaturalisation. 3. He has renounced the citizenship4. He has either resided in India or has been in the date of making the applicatimonths, he has resided or has resided or has been in the government service for not less than four years. 5. He must take an oath of allegiance6. He is of good character7. He has an adequate knowledge of a language

5.By incorporation of territories If any new territory becomes a partIndia shall specify the person of that territory to be the citizen of India. Ex when Pondicherry became a part of India, the government of India issued the citizenship( Pondicherry) order, 1962 , under the citizenship act , 195

Note :-All the above categories of persons are required to take

registered as citizen of India.

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3. By registration may on an application register as a citizen of India, any person who

is not a citizen by virtue of constitution or the provision of the citizenship act.I. Persons of Indian origin who are ordinarily in India for 7 years mmediately before making an application for registration. II. Persons of Indian origin who are ordinarily resident in any country or

III. Persons who are or have been married to citizens of India. of persons who are citizens if India.

full age and capacity whose parents are registered as citizens of India.VI. A persons of full age and capacity who has been residing in India for one yearimmediately before making an application for registration VII. A person of full age and capacity who has been registered as an overseas citizen of India and has been residing in India for one year before making and application for registration.

BY NATURALISATION

Citizenship by naturalisation can be acquired by making an application in the prescribed

Qualification for the naturalisation are following. 1. He must be a person of full age and capacity.

citizen of a country where Indian citizens are prevented

renounced the citizenship of the other country. 4. He has either resided in India or has been in government service for 12 monthsthe date of making the application for naturalisation, or during 7 years prior to these 12 months, he has resided or has resided or has been in the government service for not less

oath of allegiance. good character.

owledge of a language recognised by the constitution.

By incorporation of territories

any new territory becomes a part of India, after a popular verdict, the government of India shall specify the person of that territory to be the citizen of India.

became a part of India, the government of India issued the citizenship( Pondicherry) order, 1962 , under the citizenship act , 195

All the above categories of persons are required to take an oath of allegiance

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as a citizen of India, any person who is not a citizen by virtue of constitution or the provision of the citizenship act.

mmediately before making

II. Persons of Indian origin who are ordinarily resident in any country or place outside

are registered as citizens of India. residing in India for one year

gistered as an overseas citizen of India and has been residing in India for one year before making and application for registration.

Citizenship by naturalisation can be acquired by making an application in the prescribed

are prevented by

government service for 12 months before on for naturalisation, or during 7 years prior to these 12

months, he has resided or has resided or has been in the government service for not less

recognised by the constitution.

of India, after a popular verdict, the government of India shall specify the person of that territory to be the citizen of India.

became a part of India, the government of India issued the citizenship( Pondicherry) order, 1962 , under the citizenship act , 1955

an oath of allegiance before they



1. By renunciation It is covered in Section 8

makes in the prescribed manner a declaration shall be registered by government and upon such registration, that person cease to be a citizenship of India.

2. By Termination When a citizen of India of full age and capacity voluntarily acquires the Citizenship of

that person shall be

This provision does not apply during a war

3. By Deprivation It is a compulsory terminationA. The citizen has obtained the citizenship B. The citizenship has shown C. The citizen has unlawfully traded or communicatedD. The citizen has, within five years after registration or any country for 2 years. E. The citizen has been ordinarily resident

Note :-when a person renounces his Indian citizenship , every mino

Indian citizenship, but when such a child attains the age of 18

This will not apply to the

registered annually at an Indian consulate

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Loss of citizenship

Section 8 of the citizenship act, 1955. If an adult citizenship of India makes in the prescribed manner a declaration shall be registered by government and upon such registration, that person cease to be a citizenship of India.

When a citizen of India of full age and capacity voluntarily acquires the Citizenship of that person shall be automatically terminated.

does not apply during a war in which India is engaged.

It is a compulsory termination of Indian citizenship by the Central Government, if. The citizen has obtained the citizenship by fraud. . The citizenship has shown disloyalty to the Constitution of India.

has unlawfully traded or communicated with enemy during The citizen has, within five years after registration or naturalisation

The citizen has been ordinarily resident out of India for seven years

when a person renounces his Indian citizenship , every minor child of that person also losses

a child attains the age of 18 , he may resume India citizenship.

This will not apply to the student abroad , or is in service of a Government in India

Indian consulate his intention to retain his Indian citizenship.

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an adult citizenship of India makes in the prescribed manner a declaration shall be registered by government and upon such registration, that person cease to be a citizenship of India.

When a citizen of India of full age and capacity voluntarily acquires the Citizenship of

in which India is engaged.

of Indian citizenship by the Central Government, if

with enemy during war. naturalisation, been imprisoned in

out of India for seven years.

r child of that person also losses

, he may resume India citizenship.

of a Government in India , or has

his intention to retain his Indian citizenship.



Person of Indian origin ( PIO) card. This card is issued to any person holding a

origin up to 3 generations beforePersons of Indian origin.

Citizens of Pakistan and Bangladeshnot eligible for grant of PIO Card.

A PIO Card is valid for a period of 15 yearsfollowing benefits.

Exemption form registration at period of less than 180 days.

Enjoy parity with non- resident Indians on

Acquire, hold, transfer or disposeproperties.

One rupee back accounts, lend in rupee to Indian resident and make investment

Overseas Citizen of India (OCI).The Indian Government, on application may register any person as an overseas Citizen of India if that person is of Indian origin and is from a countryother.

OCI is not a full Citizenship if India.

Non-Resident Indians (NRI) NRI are Indian citizens who stay abroad for employment/carrying on business or vocation

outside India. Section 20 of Representative of the people act RPA 1950From getting his/her name registered in the casting vote in election.

In August 2010, allows voting rights to NRI

subsequent gazette notification on

Note. People with OCI status are given a type of

attached to the passport of the Country of which they are citizens.

This Visa allows the holders

Persons holding this visa are not required to

OCI are not eligible to hold

or plantation properties.

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Person of Indian origin ( PIO) card.This card is issued to any person holding a non-Indian passport, who can prove their Indian origin up to 3 generations before. It can also be given to spouses of Indian Citizen

Pakistan and Bangladesh and other countries as specified by Government are PIO Card.

valid for a period of 15 years from the date of issue and the holder, holds the

Exemption form registration at a foreigners Regional Registration Office (FRRO)period of less than 180 days.

resident Indians on economic, financial and education fields

Acquire, hold, transfer or dispose of immovable properties on India, expect for agricultural

One rupee back accounts, lend in rupee to Indian resident and make investment

Overseas Citizen of India (OCI).The Indian Government, on application may register any person as an overseas Citizen of India if

Indian origin and is from a country, which allows Dual Citizenship

OCI is not a full Citizenship if India.

Resident Indians (NRI)NRI are Indian citizens who stay abroad for employment/carrying on business or vocation

Section 20 of Representative of the people act RPA 1950From getting his/her name registered in the electoral roll, it also prevents an NRI from

In August 2010, Representation to the people Amendment Bill 2010allows voting rights to NRI was passed in both Lok Sabha and Rajya

subsequent gazette notification on 24th November, 2010. With this NRI will now be able

. People with OCI status are given a type of Visa known as U-Visa

attached to the passport of the Country of which they are citizens.

This Visa allows the holders multiple entry, multiple-purpose, life long visits to India.

Persons holding this visa are not required to obtain separate work permits

OCI are not eligible to hold constitutional post and also not allowed to invest in agricultural

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Person of Indian origin ( PIO) card. , who can prove their Indian

spouses of Indian Citizen or

and other countries as specified by Government are

from the date of issue and the holder, holds the

a foreigners Regional Registration Office (FRRO) for a

economic, financial and education fields.

on India, expect for agricultural

One rupee back accounts, lend in rupee to Indian resident and make investment in India etc.

Overseas Citizen of India (OCI). The Indian Government, on application may register any person as an overseas Citizen of India if

allows Dual Citizenship in sole form or

Resident Indians (NRI) NRI are Indian citizens who stay abroad for employment/carrying on business or vocation

Section 20 of Representative of the people act RPA 1950 disqualifies a NRI , it also prevents an NRI from

Representation to the people Amendment Bill 2010 which a Sabha with

. With this NRI will now be able

Visa, which is

ife long visits to India.

obtain separate work permits to work in India.

invest in agricultural



to the vote in Indian election

Difference Between PIO & OCI Card HolderPIO

1. A person is registered as PIO card holder 19th august 2002.

2. PIOs of all countries except

Sri Lanka are eligible for PIO.

3. PIO card holder do not require separate visa to visit India

4. They are exempt from the requireIndia does not exceed 180 days.

5. Can visit India without Visa for 15 years6. He/she has to reside in India for

Indian citizenship. OCI

1. A person is registered as OCI under Citizenship Act 1955. The OCI scheme is operational from 2nd December, 2005.

2. PIO of all countries except 3. A multiple entry, multiple-

4. Exemption from registration with local police authority

5. Can visit India without his for life

6. He/she may be granted Indian citizens

he/she stays for one year in India before making application.

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vote in Indian election, but have to be physically present at the time of voting

Difference Between PIO & OCI Card Holder

A person is registered as PIO card holder under the ministry of home

PIOs of all countries except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and are eligible for PIO.

do not require separate visa to visit India.

They are exempt from the requirements of registration of his/her stay on any single visit on 180 days.

Can visit India without Visa for 15 years from the date of issue of PIO card.He/she has to reside in India for minimum 7 years before making application for granting

A person is registered as OCI under Citizenship Act 1955. The OCI scheme is operational from 2nd December, 2005.

PIO of all countries except Pakistan and Bangladesh Are eligible for OCI. -purpose life-long Visa for visiting India is given to OCI.

registration with local police authority for any length of stay in India.

Can visit India without his for life-long.

He/she may be granted Indian citizenship after 5 years from date of registration provided he/she stays for one year in India before making application.

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physically present at the time of voting.

Difference Between PIO & OCI Card Holder

under the ministry of home affairs scheme dated

Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and

ments of registration of his/her stay on any single visit on

from the date of issue of PIO card. before making application for granting

A person is registered as OCI under Citizenship Act 1955. The OCI scheme is operational

Are eligible for OCI. is given to OCI.

for any length of stay in India.

from date of registration provided



Pravasi bhartiya divas (PBD)

Pravasi bhartiya divas (PBD) is celebrated contribution of Overseas Indian Community in development of India. 9th January was chosen as the day to celebrate this occasion, since it was on this day in Gandhi, the greatest pravasstruggle and changed the lives of Indians forever.

PBD conventions are being held every year,

Ministry of Overseas Indian Affairs (MOIA)

1. Ministry of Non-Resident Indi2. and renamed as Ministry of Overseas Indian Affairs.

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Pravasi bhartiya divas (PBD) is celebrated on 9th January, every year to mark the contribution of Overseas Indian Community in development of India. 9th January was chosen as the day to celebrate this occasion, since it was on this day in Gandhi, the greatest pravasi, returned to India from the South Africa, led India's freedom struggle and changed the lives of Indians forever.

PBD conventions are being held every year, since 2003


Resident Indian Affairs was created in 2004

as Ministry of Overseas Indian Affairs.

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, every year to mark the contribution of Overseas Indian Community in development of India. 9th January was chosen as the day to celebrate this occasion, since it was on this day in 1915 that mahatma

, led India's freedom


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UPSC Indian Polity - Citizenship