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CITIZENSHIP
INTRODUCTION-

Classification of Citizenship in INDIA

Aliens
Aliens- Citizens of some other
Country

CITIZEN- Full member of

Indian State .

Friendly Aliens- are citizens of those

countries that having cordial or
friendly relation with India. Ex- United
States of America, Russia, Egypt etc.

Enemy Aliens
Aliens- are citizens of those
countries that is at war with India
India.
Enjoy Lesser Rights than friendly
aliens. They do not enjoy Art. 22

Short Summary of Articles related to CitizenshipCitizenship

Article 5- 11 under Part II Deals with the Citizenship

ARTICLE NO.

SUBJECT MATTER

Citizenship at the commencement of the Constitution

Rights of citizenship of certain persons who have migrated to India from Pakistan

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 not be citizens

10

Continuance of the rights of citizenship

11

Parliament to regulate the right of citizenship by law

Single vs Dual CitizenshipCitizenship

SINGLE CITIZENSHIPCITIZENSHIP A person can have only one citizenship.

For ex.- India Provides Single citizenship i.e., The Indian citizenship.
The citizens in India Allegiance only to Union.
Union There is no separate state Citizenship
Citizenship.

DUAL CITIZENSHIP- A person is not only the Citizen of his/her Country but also of
particular State
tate which He belongs to. He owes allegiance to both and enjoys dual set
of rights . ex- USA, Switzerland etc.

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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 domicile in
the territory of India and

(a)) Who was born in the territory of India; or

(b) Eitherr of whose parents was born in the territory of India; or
(c)) who has been ordinarily resident in the territory of India for not less than
five years immediately preceding such commencement, shall be a citizen of India.
2. Article 6-Notwithstanding
Notwithstanding anything in article 5,
5, a person who has migrated to the territory
of India from the territory now included in Pakistan shall be deemed to be a citizen of India
at the commencement of this
thi Constitution if
(a) 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
(b) (i) in the case where such person has so migrated before the nineteenth day of JJuly, 1948, he
has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948
1948, he
has been registered as a citizen of India by an officer
off
appointed in that behalf by the Government of
the Dominion of India on an application made by him therefore to such officer before the
commencement of this Constitution in the form and manner prescribed
by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India
for at least six months immediately preceding the date of his application.
3. Article 7- person who has after the first day of March, 1947,migrated
,migrated from the territory of
India to thee territory now included in Pakistan shall not be deemed to be a citizen of India
India:
Provided that nothing in this article shall apply to a person who, after having so migrated to the
territory now included in Pakistan, has returned to the territory of India under a permit for
resettlement or permanent return issued by or under the authority of any law and every such
person shall for the purposes of clause (b)
( of article 6 be deemed to have migrated to the territory
of India after the nineteenth day of July, 1948.
4. Article 8-Notwithstanding
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 India as so
defined shall be deemed to be a citizen of India if he has been registered as a citizen of India
by the diplomatic or consular representative of India in the country where he is for the time
being residing on an application made by him therefore to such diplomatic or consular
representative, whether before or after the commencement of this Constitution
Constitution, in the
form and manner prescribed by the Government of the Dominion of India or the
Government of India.

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Other Provisions Related to Citizenship

Citizenship1. Article 9-No
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.
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 law that maybe
made by Parliament,, continue to be such citizen.
citizen

3. Article 11- Nothing in the foregoing provisions

provisions of this Part hall derogate from the power
of Parliament to make any provision with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship.

Modes of acquiring Indian citizenship

citizenship

By Birth
By Descent
By registration
By naturalization
By acquisition of territory

1. By Birth
Those born in India on
n or after 26th January 1950 but before 1 st July 1987 is a citizen of
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 his parent is a
citizen of India at the time of his birth.
Note- the children of foreign diplomats posted in India and enemy aliens cannot
acquire Indian citizenship by birth.

2. By descent
A person 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 conside
considered as a citizen of
India if either of his parent is a citizen of India at the time of his birth.

Note from 3rd December 2004 onwards, a person born outside India shall not be a citizen of
India by decent, unless his birth is registered at an Indian consulate within one year of the date of birth or
with the permission of the central government, after the expiry of the said period.

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3. By registration
The central government 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 place outside
undivided India.
III. Persons who are or have been married to citizens of India.
IV. Minor children of persons who are citizens if India.
V. A persons of 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 year
immediately before making an application for registration
VII. A person of full age and capacity who has been registered
registered as an overseas citizen of India
and has been residing in India for one year before making and application for registration.
Note :-All
All the above categories of persons are required to take an oath of allegiance before they
registered as citizen of India.

4.BY
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 full age and capacity.
2. He must not be citizen of a country where Indian citizens are prevented by
naturalisation.
3. He has renounced the citizenship of the other country.
4. He has either resided in India or has been in government service for 12 months before
the date of making the application
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
than four years.
5. He must take an oath of allegiance.
allegiance
6. He is of good character.
character
7. He has an adequate knowledge
owledge of a language recognised by the constitution.

5.By
By incorporation of territories
If 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.
Ex when Pondicherry became a part of India, the government of India issued the
citizenship( Pondicherry) order, 1962 , under the citizenship act , 195
1955

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Loss of citizenship
1. By renunciation

It is covered in 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.

Note :-when
when a person renounces his Indian citizenship , every minor
minor child of that person also losses
Indian citizenship, but when such a child attains the age of 18 , he may resume India citizenship.

2. By Termination

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

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

3. By Deprivation
It is a compulsory termination of Indian citizenship by the Central Government, if
A.. The citizen has obtained the citizenship by fraud.
B.. The citizenship has shown disloyalty to the Constitution of India.
C. The citizen has unlawfully traded or communicated with enemy during war.
D. The citizen has, within five years after registration or naturalisation
naturalisation, been imprisoned in
any country for 2 years.
E. The citizen has been ordinarily resident out of India for seven years
years.

This will not apply to the student abroad , or is in service of a Government in India , or has
registered annually at an Indian consulate his intention to retain his Indian citizenship.

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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.
before It can also be given to spouses of Indian Citizen or
Persons of Indian origin.
Citizens of Pakistan and Bangladesh and other countries as specified by Government are
not eligible for grant of PIO Card.
A PIO Card is valid for a period of 15 years from the date of issue and the holder, holds the
following benefits.
Exemption form registration at a foreigners Regional Registration Office (FRRO) for a
period of less than 180 days.

Enjoy parity with non- resident Indians on economic, financial and education fields
fields.

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

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
that person is of Indian origin and is from a country,
country which allows Dual Citizenship in sole form or
other.
OCI is not a full Citizenship if India.

Note.. People with OCI status are given a type of Visa known as U-Visa
Visa, which is
attached to the passport of the Country of which they are citizens.

This Visa allows the holders multiple entry, multiple-purpose, life

ife long visits to India.

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

OCI are not eligible to hold constitutional post and also not allowed to invest in agricultural
or plantation properties.

Non-Resident
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 1950 disqualifies a NRI
From getting his/her name registered in the electoral roll,, it also prevents an NRI from
casting vote in election.
In August 2010, Representation to the people Amendment Bill 2010 which
allows voting rights to NRI was passed in both Lok Sabha and Rajyaa Sabha with
subsequent gazette notification on 24th November, 2010.. With this NRI will now be able

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to the vote in Indian election,

election but have to be physically present at the time of voting
voting.

Difference Between PIO & OCI Card Holder

PIO
1. A person is registered as PIO card holder under the ministry of home affairs scheme dated
19th august 2002.
2. PIOs of all countries except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and
Sri Lanka are eligible for PIO.
3. PIO card holder do not require separate visa to visit India.
India
4. They are exempt from the requirements
requirements of registration of his/her stay on any single visit on
India does not exceed 180 days.
5. Can visit India without Visa for 15 years from the date of issue of PIO card.
6. He/she has to reside in India for minimum 7 years before making application for granting
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 Pakistan and Bangladesh Are eligible for OCI.
3. A multiple entry, multiple--purpose life-long Visa for visiting India is given to OCI.
4. Exemption from registration with local police authority for any length of stay in India.
5. Can visit India without his for life-long.
life
6. He/she may be granted Indian citizenship
citizens after 5 years from date of registration provided
he/she stays for one year in India before making application.

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Pravasi bhartiya divas (PBD)

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 1915 that mahatma
Gandhi, the greatest pravasi,
pravas 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

Ministry of Overseas Indian Affairs (MOIA)

1. Ministry of Non-Resident
Resident Indian
Indi Affairs was created in 2004
2. and renamed as Ministry of Overseas Indian Affairs.

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