Citizenship
Contents
Citizenship
Citizenship forms the foundation of the relationship between individuals and the state in a democratic nation. India operates a dual classification of people: citizens and aliens. Citizens are full members of the Indian State who owe allegiance to it and enjoy complete civil and political rights. Aliens are citizens of other states, categorized as friendly aliens (from countries with cordial relations with India, enjoying most rights) or enemy aliens (from countries at war with India, who enjoy limited rights and lack protection against arrest and detention under Article 22).
Rights and Privileges Exclusive to Citizens
The Constitution grants several fundamental rights exclusively to Indian citizens:
Civil and Political Rights:
Right against discrimination based on religion, race, caste, sex, or place of birth (Article 15)
Right to equality of opportunity in public employment (Article 16)
Right to freedom of speech, expression, assembly, association, movement, residence, and profession (Article 19)
Cultural and educational rights (Articles 29 and 30)
Electoral Rights:
Right to vote in Lok Sabha and state legislative assembly elections
Right to contest for Parliament and state legislature membership
Eligibility for Public Offices:
President of India, Vice-President, Supreme Court and High Court judges, State Governors, Attorney General of India, and Advocate General of states
Note: In India, both natural-born and naturalized citizens are eligible for the office of President, unlike the USA, where only natural-born citizens qualify.
Constitutional Framework (Articles 5-11)
The Constitution addresses citizenship in Part II (Articles 5-11) but provides neither permanent nor elaborate provisions. It identifies persons who became citizens at the commencement of the Constitution (January 26, 1950) and empowers Parliament to legislate on acquisition, loss, and related matters. The Parliament enacted the Citizenship Act, 1955, subsequently amended in 1986, 1992, 2003, and 2005.
Four Categories of Initial Citizens (January 26, 1950):
1. Persons Domiciled in India (Article 5): Anyone with domicile in India fulfilling any one condition: born in India; either parent born in India; or ordinarily resident in India for five years before January 26, 1950.
2. Migrants from Pakistan (Article 6): Persons who migrated from Pakistan before July 19, 1948, and were ordinarily resident in India since migration, or those who migrated on or after July 19, 1948, and registered as citizens after six months of residence (if they or their parents/grandparents were born in undivided India).
3. Returnees from Pakistan (Article 7): Persons who migrated to Pakistan after March 1, 1947, but returned to India for resettlement could become citizens after six months of residence upon registration.
4. Overseas Indians (Article 8): Persons born in undivided India or whose parents/grandparents were born there, residing outside India, could register as citizens through Indian diplomatic or consular representatives.
Additional Provisions:
Article 9: No person voluntarily acquiring foreign citizenship can be an Indian citizen
Article 10: Citizens continue as such subject to parliamentary laws
Article 11: Parliament has power to legislate on citizenship acquisition, termination, and related matters
Citizenship Act, 1955: Acquisition and Loss
Five Methods of Acquiring Citizenship
1. By Birth:
Born in India between January 26, 1950, and July 1, 1987: Citizen regardless of parents’ nationality
Born on or after July 1, 1987: Citizen if either parent is an Indian citizen
Born on or after December 3, 2004: Citizen only if both parents are citizens or one parent is a citizen and the other is not an illegal migrant
Exception: Children of foreign diplomats and enemy aliens cannot acquire citizenship by birth
2. By Descent:
Born outside India before December 10, 1992: Citizen if father was an Indian citizen
Born on or after December 10, 1992: Citizen if either parent is an Indian citizen
From December 3, 2004: Birth must be registered at an Indian consulate within one year, with an undertaking that the child does not hold another country’s passport
3. By Registration: Applicable to persons of Indian origin or those connected to Indian citizens, including:
Persons of Indian origin ordinarily resident in India for seven years
Persons of Indian origin residing outside undivided India
Spouses of Indian citizens ordinarily resident in India for seven years
Minor children of Indian citizens
Persons whose parents are registered Indian citizens
Former citizens of independent India residing in India for one year
OCI cardholders for five years, residing in India for one year
All must take an oath of allegiance: “I… do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India.”
4. By Naturalisation: Granted to non-illegal migrants fulfilling qualifications including:
Not a citizen of a country preventing Indian naturalisation
Undertaking to renounce existing citizenship
Resident in India for 12 months immediately preceding application
Resident in India for 11 of the 14 years preceding that 12-month period
Good character
Adequate knowledge of an Eighth Schedule language
Intent to reside in India or serve the Indian government/international organization
The government may waive these conditions for persons rendering distinguished service to science, philosophy, art, literature, world peace, or human progress.
5. By Incorporation of Territory: When foreign territory becomes part of India, the government specifies who becomes a citizen (e.g., Citizenship (Pondicherry) Order, 1962).
Three Methods of Losing Citizenship
1. By Renunciation: Any citizen of full age and capacity may renounce citizenship by declaration. When a person renounces, minor children also lose citizenship but may resume it upon turning 18. Renunciation is withheld during wartime.
2. By Termination: Automatic loss occurs when a citizen voluntarily acquires another country’s citizenship (not applicable during wartime).
3. By Deprivation: Compulsory termination by the Central Government if:
Citizenship obtained by fraud
Disloyalty to the Constitution shown
Unlawful trade or communication with the enemy during war
Imprisonment for two years within five years of registration/naturalisation
Ordinary residence outside India for seven years continuously
Single Citizenship System
Despite India’s federal structure with dual polity (Centre and states), the Constitution provides for single citizenship only—Indian citizenship. Unlike the USA and Switzerland, which have dual citizenship systems, Indians owe allegiance solely to the Union, avoiding discrimination issues.
Exceptions to Uniform Treatment:
Article 16: Parliament may prescribe residence requirements for state/union territory employment (Public Employment Act, 1957, expired 1974 except for Andhra Pradesh)
Article 15: No discrimination based on residence, allowing states to offer special benefits to residents in non-constitutional rights matters (e.g., education fee concessions)
Article 19: Freedom of movement and residence restricted in tribal areas to protect distinctive culture, language, customs, and property of Scheduled Tribes
Jammu and Kashmir: State legislature empowered to define permanent residents and confer special rights in employment, property acquisition, settlement, and scholarships
Despite single citizenship aiming to promote fraternity and unity, India continues experiencing communal riots, caste conflicts, linguistic clashes, and ethnic disputes, indicating the founding fathers’ vision of an integrated nation remains partially unrealized.
Recent Developments (2024-2025)
1. Citizenship Amendment Act (CAA) Implementation (March 2024)
On March 11, 2024, the Central Government notified the Citizenship Amendment Rules, 2024, formally enabling implementation of the Citizenship Amendment Act, 2019 (passed by Parliament in December 2019). The CAA facilitates expedited citizenship for undocumented persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014.
Key Features:
Applicants must provide six types of documents specifying date of entry, including birth certificates, tenancy records, identity papers, licenses, school certificates, and an eligibility certificate from a reputed community institution confirming religious affiliation
To prove entry before December 31, 2014, applicants must provide passport copies, visas, census slips, PAN cards, electricity bills, or insurance policies
Most parts of the Northeast are exempted from the CAA
The naturalisation residence requirement is reduced from 11 years to 5 years for covered migrants
Controversies: The CAA has been criticized for creating India’s first religion-based citizenship test, allegedly discriminating against Muslims and not extending benefits to other refugee groups like Sri Lankan Tamils, Rohingyas, Nepali refugees from Bhutan, or Tibetan Buddhists.
2. Extended CAA Cut-off Date (September 2025)
The Ministry of Home Affairs extended the CAA cut-off date to December 31, 2024 (from December 31, 2014), allowing members of persecuted minority communities from Afghanistan, Bangladesh, and Pakistan to stay in India without valid travel documents. This order, issued under the Immigration and Foreigners Act, 2025, provides relief particularly to Hindus from Pakistan who crossed into India after 2014.
3. Citizenship Amendment Bill, 2024 (July 2024)
Introduced in the Rajya Sabha on July 26, 2024, this bill proposes expanding CAA coverage to include persecuted minorities from Bangladesh, Bhutan, Myanmar, Nepal, Pakistan, and Sri Lanka (adding Bhutan, Myanmar, and Sri Lanka to the original three countries) who entered India on or before December 31, 2014. The naturalisation residence requirement would be reduced to five years for these groups.
4. Immigration and Foreigners Act, 2025 (Effective September 1, 2025)
This comprehensive legislation came into effect on September 1, 2025, restructuring and simplifying India’s immigration laws by replacing four colonial-era laws: the Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; Foreigners Act, 1946; and Immigration (Carriers’ Liability) Act, 2000.
Key Provisions:
Enhanced National Security: Foreign nationals deemed threats to India’s integrity will be denied entry; immigration officers may arrest without warrants
Stricter Registration and Monitoring: Foreign nationals must register upon arrival; restrictions on movement, name changes, and access to certain areas
Reporting Requirements: Educational institutions, hospitals, and nursing homes must report foreign nationals to immigration authorities
Carrier Liability: Airlines and transport operators must ensure passengers have valid documents or face penalties and transport seizure
Biometric Data Collection: Authority to record biometric data of foreign nationals upon arrival or during their stay
Stricter Penalties: Enhanced penalties for immigration law violations
5. e-Arrival Card Requirement (October 2025)
Effective October 1, 2025, all foreign nationals entering India must submit an e-Arrival Card online within 72 hours before arrival, replacing the traditional paper disembarkation card.
Important Update: Initially, OCI cardholders were exempt, but following a regulation change on October 4, 2025, all OCI cardholders must now submit an e-Arrival Card. Only Indian passport holders remain exempt.
The e-Arrival Card can be completed through the Indian Visa Online website or the “Su-Swagatam” mobile app, requiring passport information, contact details, purpose of visit, and address in India.
6. Stricter OCI Card Cancellation Rules (August 2025)
As of August 2025, the Ministry of Home Affairs implemented stricter OCI card cancellation rules:
An OCI card can be revoked if the holder is convicted of a crime with a prison sentence of two or more years
An OCI card can be revoked if the holder is charge-sheeted for an offense carrying a sentence of seven years or more
Previous time limits have been removed, reinforcing OCI status as a privilege, not a right
7. OCI Card Re-issuance Requirements Relaxed (2025)
The mandatory requirement for OCI cardholders to get cards re-issued each time a new passport is issued has been discontinued:
OCI cardholders are now required to get cards re-issued only once upon completion of 20 years of age
Cardholders must only upload a copy of the new passport and latest photo online each time a new passport is issued up to 20 years of age and once after completing 50 years of age
This service is provided on a gratis (free) basis
OCI cardholders may travel with their new passport and are no longer required to carry the old passport
8. e-Passport Rollout Under Passport Seva Programme 2.0 (2024-2025)
India launched the e-Passport facility on April 1, 2024, as a pilot project at select passport offices, with nationwide rollout announced by External Affairs Minister S. Jaishankar on June 24, 2025. The e-passport incorporates an electronic chip adhering to International Civil Aviation Organization (ICAO) standards, enhancing security, reducing duplication risk, and enabling faster airport processing.
The mPassport Police App has streamlined police verification, reducing turnaround time to 5-7 days in 25 states and union territories.
9. Special Intensive Revision (SIR) of Electoral Rolls (October-November 2025)
The Election Commission announced Phase II of the Special Intensive Revision (SIR) of electoral rolls on October 26-27, 2025, covering 12 states and union territories with 51 crore electors:
Timeline:
Training of officials: October 28 – November 3, 2025
House-to-house enumeration: November 4 – December 4, 2025
Publication of draft electoral rolls: December 9, 2025
Claims and objections: December 9, 2025 – January 8, 2026
Final publication: February 7, 2026
Assam Excluded: Assam has been excluded from Phase II SIR because the Citizenship Act has a separate provision (Section 6A) with differential citizenship criteria for Assam, and the Supreme Court-monitored NRC process is nearly complete there. A separate order for Assam will be issued.
Acceptable Documents: Aadhaar card (not proof of citizenship but acceptable for identification), birth certificate, passport, educational certificates, permanent residence certificate, forest rights certificate, caste certificate, National Register of Citizens (where applicable), and government-issued land/house allotment certificates.
10. National Register of Citizens (NRC) Status
The NRC remains incomplete for nationwide implementation. While the Assam NRC was completed in 2019, it remains stuck in a legal quagmire with 19.6 lakh individuals excluded, including Bengali Hindus and Koch Rajbongshis. The Registrar General of India has yet to notify the final list.
In August 2025, the Supreme Court issued notices to the Centre and Assam state on a plea seeking complete reverification of the NRC. The issue of biometric data being frozen for NRC-excluded individuals, preventing enrollment in Aadhaar, has been reported, affecting around 2.7 million people.
