Citizenship - Connect Civils

Citizenship is a vital topic in Indian Polity, dealing with the legal status and rights of individuals recognized as members of the Indian state. It defines the relationship between the citizen and the nation, including rights, duties, and eligibility under constitutional and statutory provisions. The concept of citizenship is central to understanding political participation, national identity, and constitutional protections in India.

Citizens and Foreigners/Aliens: Meaning and Importance

Citizens

Full members of the Indian State.
Owe complete allegiance to the State.
Enjoy all civil and political rights.
Performance of duties along with rights:
- Paying taxes.
- Respecting the national flag and national anthem.
- Defending the country.
Note: In India, both a citizen by birth as well as a naturalised citizen are eligible for the office of President.
- (In USA, only a citizen by birth is eligible).

Aliens/Foreigners

Citizens of some other state.
Do not enjoy all civil and political rights.
Two categories of aliens:
1. Friendly aliens: Subjects of those countries that have cordial relations with India.
2. Enemy aliens: Subjects of that country which is at war with India.
They do not enjoy protection under Article 22.
Protection against arrest and detention is not available.

Rights available only to Citizens (and not to Aliens)

Prohibition of Discrimination (Article 15): Right against discrimination on grounds of religion, race, caste, sex or place of birth.
Equality of Opportunity (Article 16): Right to equality of opportunity in matters of public employment.
Six Democratic Freedoms (Article 19): Protection of six rights regarding freedom of:
1. Speech and expression
2. Assembly
3. Association
4. Movement
5. Residence
6. Profession
Cultural and Educational Rights (Articles 29 and 30): Protection of language, script and culture of minorities; and right of minorities to establish and administer educational institutions.
Right to Vote: Right to vote in elections to the Lok Sabha and the state legislative assembly.
Right to Contest: Right to contest for the membership of the Parliament and the state legislature.
Eligibility for Public Offices: Eligibility to hold certain high public offices, that is,
- President of India,
- Vice-President of India,
- judges of the Supreme Court and the high courts,
- Governor of states,
- Attorney General of India and
- Advocate General of states.

Constitutional Provisions relating to Citizenship

Part II of the Constitution (Articles 5–11).
It only identifies the persons who became citizens of India at its commencement (January 26, 1950).
It does not contain any permanent or elaborate provisions relating to the acquisition and termination of citizenship.
Citizenship Act, 1955 enacted.
The Citizenship Act has been amended in 1992, 2003, 2005, 2015 and 2019.
Major Constitutional Provisions regarding Citizenship
1. Foreign Citizenship (Article 9):
  - No person shall be a citizen of India if he has voluntarily acquired the citizenship of any foreign state.
2. Continuance of Citizenship (Article 10):
  - Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.
3. Power of Parliament (Article 11):
  - Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Four Categories of Citizens at the Commencement of the Constitution

Domiciled Persons (Article 5)
- If:
  - Born in India.
  - Either of whose parents was born in India.
  - Ordinarily resident in India for five years immediately before January 26, 1950.
Persons who migrated to India from Pakistan (Article 6)
- If he or either of his parents or any of his grandparents was born in undivided India.
- Conditions:
  - Migrated before July 19, 1948 → Ordinarily resident since the date of migration.
  - Migrated after July 19, 1948 →
    - Registered as a citizen.
    - Resident in India for six months preceding the date of application.
Persons who migrated to Pakistan but later returned to India (Article 7)
- Migrated to Pakistan after March 1, 1947.
- Returned to India for resettlement.
- Registration + Six months residence.
Persons of Indian Origin residing outside India
- He or either of his parents or any of his grandparents was born in undivided India.
- Registered as a citizen of India by the diplomatic or consular representative.

Citizenship Act, 1955

Acquisition of Citizenship

The five main grounds for acquiring citizenship and special provisions for the Assam Accord are as follows:

By Birth
- 26 Jan 1950 – 1 July 1987:
  - A person born in India shall be a citizen (irrespective of the nationality of their parents).
- 1 July 1987 – 3 Dec 2004:
  - At the time of birth, either of the parents must be a citizen of India.
- After 3 Dec 2004:
  - Both parents must be citizens, or one parent must be a citizen and the other should not be an illegal migrant.
  - Exceptions:
    - Children of foreign diplomats and enemy aliens do not have this right.
By Descent
- 26 Jan 1950 – 10 Dec 1992:
  - A person born outside India shall be a citizen if their father was a citizen of India.
- After 10 Dec 1992:
  - Either of the parents (mother or father) must be a citizen of India.
- After 3 Dec 2004:
  - Birth outside India must be registered at an Indian consulate within 1 year. Parents must provide an affidavit stating the child does not hold a passport of another country.
- Minor:
  - If the child is also a citizen of another country, they must renounce the other citizenship within 6 months of attaining majority, otherwise, Indian citizenship will terminate.
By Registration
- The Central Government may register individuals of the following categories (who are not illegal migrants):
- Person of Indian Origin (PIO): Who is ordinarily resident in India for 7 years before applying.
- A Person of Indian Origin who is ordinarily resident in any country or place outside undivided India.
- Marital Basis: A person who is married to a citizen of India and is ordinarily resident in India for 7 years.
- Minor Children: Whose parents are citizens of India.
- Others: A person who or whose parents were citizens of independent India and residing in India for 12 months before applying.
- Note: Person of Indian Origin means—self, parents, or grandparents were born in undivided India (territories after 15 August 1947). All must take an oath of allegiance.
By Naturalization
- Qualifications (not for illegal migrants):
  - Must not be a subject of any country where Indian citizens are prevented from becoming naturalized citizens.
  - Must renounce the citizenship of the other country.
  - Period: Residing in India or in Government service for 12 months immediately preceding the date of application. During the 14 years preceding this 12-month period, they must have resided in India for a total of 11 years.
  - Other Conditions: Good character, knowledge of a language specified in the Eighth Schedule of the Constitution, and intention to reside in India.
  - Waiver: Conditions may be relaxed for those who have rendered distinguished service to science, philosophy, art, literature, world peace, or human progress.
By Incorporation of Territory
- If any foreign territory becomes a part of India, the Government specifies the persons who shall be citizens.
- Example: Citizenship (Pondicherry) Order, 1962.

Special Provisions as to Citizenship of Persons Covered by the Assam Accord (Amendment 1985)

Before 1 Jan 1966:
- Those who came to Assam from Bangladesh and have been ordinarily resident there shall be deemed to be citizens from January 1, 1966.
1 Jan 1966 – 25 March 1971:
- Those who came to Assam from Bangladesh during this period must register themselves.
They shall not have the right to vote for 10 years, but shall enjoy all other citizenship rights.
Upon expiry of 10 years, they shall be deemed to be full citizens.

Termination of Indian citizenship

There are three main routes to termination of citizenship:

By Renunciation (Voluntary):
- Any Indian citizen of full age and capacity can renounce citizenship by making a declaration
- During War: If India is engaged in a war, the Central Government may withhold the registration.
- Children: The minor children of a person who renounces citizenship also lose their citizenship (however, they may apply again upon attaining the age of 18).
By Termination:
- If a citizen voluntarily acquires the citizenship of another country, Indian citizenship shall automatically terminate (this rule does not apply during war).
By Deprivation:
- Compulsory termination of citizenship by the Central Government if:
- Citizenship was obtained by fraud.
- The citizen has shown disloyalty to the Constitution.
- Unlawfully traded or communicated with the enemy during war.
- Within 5 years of registration/naturalization, been imprisoned in any country for 2 years.
- The citizen has been ordinarily resident out of India for a continuous period of 7 years.
Single Citizenship
- India →
  - Only Indian CitizenshipUSA/Switzerland → Dual Citizenship
- Objectives:
  - National Integration
  - Equal Rights
- Exceptions:
  - Article 16 – Residence-based employment
  - Article 15 – Educational facilities
  - Article 19 – Tribal areas restrictions
  - Article 35A (J&K) – ❌ Abolished in 2019

Citizenship (Amendment) Act, 2019

This Act was notified on December 12, 2019, and came into force on January 10, 2020.
Its main objective is to amend the Citizenship Act, 1955.
Eligibility and Key Provisions
- Target Countries: Pakistan, Afghanistan, and Bangladesh.
- Six Minority Communities: Hindu, Sikh, Buddhist, Jain, Parsi, and Christian.
- Cut-off Date: Persons who entered India on or before December 31, 2014.
- Legal Status: These persons will no longer be considered ‘illegal migrants’.
- Relief from Legal Proceedings: They will be granted permanent exemption from criminal cases under the Foreigners Act, 1946 and the Passport Act, 1920 (for illegal entry or overstaying visa). Upon receiving citizenship, all legal proceedings against them regarding citizenship shall be closed.
Relaxation in Naturalization
- Change in Rule: Generally, a foreigner must reside in India for 11 years for citizenship.
- Under CAA: For these specific six communities, this period has been reduced to 5 years.
- Date of Citizenship: They shall be deemed to be citizens of India from the date of their entry into India.
Exceptions to the Act (Where CAA does not apply)
- To protect sensitive and tribal areas, this Act does not apply to:
Sixth Schedule Areas: Tribal areas of Assam (Karbi Anglong), Meghalaya (Garo Hills), Mizoram (Chakma District), and Tripura.
Inner Line Permit (ILP) Areas: Areas covered under the Bengal Eastern Frontier Regulation, 1873.

Currently Applicable: Arunachal Pradesh, Nagaland, Mizoram, and Manipur (Manipur was included in ILP at the time of passing the bill).
Provisions regarding Illegal Migrants and OCI
- Illegal Migrant: A foreigner who enters without valid documents or stays beyond the visa period. They are not entitled to citizenship (except for CAA exceptions).
- Cancellation of OCI Registration: Central Government may cancel the registration of an OCI cardholder if:
  - Registration was obtained by fraud.
  - Sentenced to 2 years imprisonment within 5 years.
  - Necessary in the interest of sovereignty and security of India.
  - New Provision (2019): If the OCI has violated any law notified by the Central Government. (Note: Opportunity of being heard is mandatory before cancellation).

Overseas Citizenship of India (OCI)

Background and Development

L.M. Singhvi Committee (2000):
- Set up by the Government of India to study the global Indian diaspora and to recommend measures for a constructive relationship with them.
- The report was submitted in January 2002.
Recommendation:
- The committee recommended the amendment of the Citizenship Act, 1955, to provide for the grant of ‘dual citizenship’ to Persons of Indian Origin (PIOs) belonging to certain specified countries.
Amendment Act 2003:
- Provided for the acquisition of Overseas Citizenship of India (OCI) by PIOs of 16 specified countries (other than Pakistan and Bangladesh).
- It omitted all provisions recognizing ‘Commonwealth Citizenship’.
Amendment Act 2005:
- Expanded the scope of OCI for PIOs of all countries (except Pakistan and Bangladesh) as long as their home countries allow dual citizenship.
Amendment Act 2015:
- Merged the PIO and OCI card schemes as two separate schemes were causing confusion.
PIO card scheme was rescinded w.e.f. 09.01.2015.
- All valid PIO cardholders are deemed to be OCI cardholders.

Registration of Overseas Citizen of India Cardholder (Eligibility)

The Central Government may, on an application made in this behalf, register any person as an OCI cardholder (provided they are not from Pakistan or Bangladesh):

Eligible Person: Any person of full age and capacity:
- Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution.
- Who was eligible to become a citizen of India at the time of the commencement of the Constitution.
- Who belonged to a territory that became part of India after the 15th August, 1947.
- Who is a child or a grandchild or a great-grandchild of such a citizen.
Minor: A minor child of a person mentioned above, or a minor child whose both parents are citizens of India or one of the parents is a citizen of India.
Spouse: Spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application.
Special Power: The Central Government may, if it is satisfied that special circumstances exist, register any person as an OCI cardholder after recording the reasons in writing.

Rights of OCI Cardholders (Rights)

Conferred Rights: An OCI cardholder shall be entitled to such rights as the Central Government may specify in this behalf.
Restricted Rights (Available to Citizens but not OCI):
- Right to equality of opportunity in matters of public employment.
- Eligibility for election as President or Vice-President
- Eligibility for appointment as a Judge of the Supreme Court or a High Court.
- Right to registration as a voter (Right to vote).
- Eligibility for being a member of the House of the People (Lok Sabha), Council of States (Rajya Sabha), Legislative Assembly, or Legislative Council.
- Eligibility for appointment to public services and posts in connection with the affairs of the Union or of any State (unless specifically directed by the Central Government).

Renunciation of Overseas Citizen of India Card (Renunciation)

Voluntary Declaration: If any OCI cardholder makes in the prescribed manner a declaration renouncing the card, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an OCI cardholder.
Effect: Where a person ceases to be an OCI cardholder, the spouse of foreign origin and every minor child of that person shall thereupon cease to be an OCI cardholder.

Cancellation of Registration

The Central Government may cancel the registration of a person as an OCI cardholder if it is satisfied that:
- The registration was obtained by means of fraud, false representation or the concealment of any material fact.
- The OCI cardholder has shown disaffection towards the Constitution of India.
- The OCI cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy.
- The OCI cardholder has, within five years after registration, been sentenced to imprisonment for a term of not less than two years.
- It is necessary so to do in the interests of the sovereignty and integrity of India, the security of India or friendly relations of India with any foreign country.
- Matrimonial Grounds:
  - (i) The marriage has been dissolved by a competent court of law, or
  - (ii) The person has solemnised marriage with any other person during the subsistence of such marriage.

Classification of Overseas Indians: NRI, PIO, and OCI

Category	Brief Description	Citizenship and Passport	Key Differences
Non-Resident Indian (NRI)	An Indian citizen who is ordinarily residing outside India for the purpose of employment or education.	Holds an Indian passport.	They are fully Indian citizens. They have the right to vote in India and can also contest elections.
Person of Indian Origin (PIO)	A person who himself or any of whose ancestors were Indian citizens, but who is currently a citizen of another country.	They get life-long visa-free entry to visit India. However, they do not have the right to vote, hold government posts, or purchase agricultural land.	This was an identity. Since 2015, all PIO cardholders are now considered OCI cardholders.
Overseas Citizen of India (OCI)	A foreign citizen registered as an ‘OCI Cardholder’ under the Citizenship Act, 1955.	Holds a foreign passport, but possesses special rights to reside and work in India.	They are granted lifelong visa-free entry to India. However, they are not entitled to vote, hold government office, or purchase agricultural land.