Citizenship

Every country has two types of people: citizens and aliens. Citizens are members of a country and owe loyalty to it. They enjoy political and civil rights. On the other hand, aliens are members of another country and do not enjoy all the rights as compared to the citizens.

In India, Article 5 to 11 of ‘Part II’ of the Constitution states certain rules about citizenship. However, it does not contain any provisions in detail. It seeks to identify people who became Indian citizens on the starting date of the constitution (26 January 1950).

Single Citizenship in India

  • The constitution of India talks about the federal structure and a dual polity (centre and states), but it only allows for single citizenship
  • Indian citizens have their loyalty only to the union, and no provision has been established for separate state citizenship
  • Other federal countries, such as the USA and Switzerland, have the provision for dual citizenship
  • This means that in the USA, every person is treated as a citizen of the USA and also the state to which he/she belongs
  • India brought in the concept of single citizenship from the British Constitution
  • In India, because of single citizenship, all citizens enjoy equal civil and political rights all over the country, no matter in which state they belong
  • Single citizenship promotes a feeling of unity and brotherhood among the citizens of the country

Citizenship Act, 1955 

The Citizenship Act, 1955 contains the provision for the acquisition and loss of citizenship after the inception of the Indian Constitution. This act has been revised several times over the years. It provides for citizenship by birth, descent, registration, naturalisation and incorporation of territory.

Citizenship of India by Birth

  • A person born on or after 26 January 1950 but before 1 July 1987 in India has been designated as an Indian citizen no matter the parents’ nationality
  • A person born on or after 1 July 1987 will be designated as a citizen only if either of their parents is an Indian citizen at the time of the person’s birth
  • For a person born after 3 December 2004, both or one of the parents should be Indian citizens during the time of his birth, and neither of them should be an illegal migrant in India
  • The provision of citizenship by birth does not apply to the foreign diplomat posted in India

Citizenship of India by Descent

  • A person who is born on or after 26th January 1950 but before 10th December 1992 and if his father was an Indian citizen during the time of his birth is considered an Indian citizen by descent
  • For the person who is born out of India on or after 10th December 1992, the criteria for citizenship is that either of the parents should be an Indian citizen at the time of the person’s birth
  • The provision was altered after 3rd December 2004
  • Now, a person who is born outside the territory of India will not be considered a citizen by descent, except if his birth is registered at an Indian Consulate within one year of birth
  • After this time, the permission of the Central Government is required 

Citizenship of India by Registration

The Government of India may register a person as an Indian citizen if he is not an illegal migrant and meets the criteria presented below:

  • If he is of Indian origin and normally residing in India for seven years before applying
  • If a person is married to an Indian citizen and is normally residing in India for seven years before the application
  • If they are the children of persons who are Indian citizens
  • If it is a person of full capacity and age, whose parents are successfully registered as Indian citizens
  • An Indian origin person who is normally residing in any of the places or countries outside undivided India

Citizenship of India by Naturalisation

The Indian Government grants a certificate of naturalisation on an application to a person who is not an illegal migrant and holds the qualifications given below:

  • If a person is not a citizen of any country where Indian citizens cannot apply for naturalisation
  • If the application of a person for the process of naturalisation is accepted, then he has to renounce the citizenship of the present country
  • He/she should be of good character
  • The knowledge of a language mentioned in the Constitution’s Eighth Schedule is required
  • However, the government can waive off all the above-mentioned conditions for the person who has provided his service in the fields of science, literature, art, philosophy 

Citizenship of India by Incorporation of Territory

If a territory that belongs to a foreign country becomes part of India, then the Government of India specifies who the Indian citizen shall be among the people of that territory.

Conclusion

Citizens are the full members of a country who owe their loyalty to that country. In India, Article 5 to 11 of the Constitution identifies the citizens. Additionally, the Citizenship Act, of 1955 contains the provisions and conditions for citizenship. India has the provision of single citizenship, but various countries in the world have a system of dual citizenship.

Citizenship in India can be acquired by:

  • Birth
  • Registration
  • Descent
  • Naturalisation
  • Incorporation of a territory