Citizenship can be defined as a relationship between an individual and a state to which he or she owes loyalty and is thus protected by the law. Citizenship entails a state of liberty with attendant duties. Indian Constitution Addresses Citizenship of India in Articles 5 to Article 11. The Citizenship of India (Article 5 - 11) is an integral part of UPSC Indian Polity and Governance Syllabus, We will discuss Constitutional provisions related to Citizenship of India and related controversies in this article.

Meaning of Citizenship

• The term "citizenship" refers to the individual's relationship with the state.
• India, like any other contemporary state, has two types of citizens: citizens and aliens.
• Citizens are full members of the Indian State and are bound by its laws. They are free to exercise their civil and political rights.
• Citizenship is an exclusionary concept since it excludes non-citizens.

Citizenship of India: Constitutional Provision

• Citizenship is listed in the Constitution's Union List and hence falls within Parliament's sole control.
• The term "citizen" is not defined in the Constitution, however, Part 2 describes the numerous types of people who are eligible for citizenship (Articles 5 to 11).
• Unlike other parts of the Constitution, which took effect on January 26, 1950, these articles were put into effect on November 26, 1949, the day the Constitution was signed.

Article 5

• Citizenship was granted to all persons who were born and raised in India.
• Even people who were domiciled in India but not born there, yet had one of their parents born there, were considered citizens.
• Anyone who had lived in India for more than five years was also eligible to seek citizenship.

Article 6

• It granted citizenship rights to certain Pakistani migrants to India.
• Because of Partition and migration prior to Independence, Article 6 stated that anyone who migrated to India prior to July 19, 1949, automatically became an Indian citizen if one of his parents or ancestors was born in India.
• Those who arrived in India after this date, on the other hand, had to register.

Article 7

• It Provided certain migrants to Pakistan with the right to citizenship.
• Those who migrated to Pakistan after March 1, 1947 and later returned on resettlement permits were included in the citizenship net.
• The law was more sympathetic to those who migrated from Pakistan and were referred to as refugees than to those who were stranded in Pakistan or went there but decided to return soon.

Article 8

• Provided certain persons of Indian origin residing outside India with the right to citizenship.
• Any Person of Indian Origin residing outside India who was born in India, or either of his or her parents or grandparents, could register as an Indian citizen with the Indian Diplomatic Mission.

Article 9 

• Article 9 states that if a person voluntarily obtains the citizenship of a foreign state, he or she will no longer be a citizen of India.

Article 10 

• Article 10 states that any person who is or is deemed to be a citizen of India under any of the preceding provisions of this Part shall continue to be such a citizen, subject to the provisions of any law made by Parliament.

Article 11 

• It gives Parliament the authority to make any provision regarding the acquisition and termination of citizenship, as well as all matters pertaining to it.

Citizenship of India: Acts and Amendments

The Citizenship Act, 1955: Acquisition

Indian citizenship can be obtained in the following ways:

• Citizenship conferred by birth
• Citizenship through descent
• Citizenship through registration
• Naturalization leads to citizenship.
• Territorial incorporation (by the Government of India)

By Birth

• Children born on or after July 1, 1987, but before the start of the Citizenship (Amendment) Act, 2003, are Indian citizens, as are all persons born in India on or after January 26, 1950, but before July 1, 1987 will have the status of a citizen. If either of his parents is an Indian citizen at the time.
• A kid whose parents are Indian at the time of birth or either of them is an Indian citizen at the time of birth and the other is not an illegal migrant is deemed to be an Indian citizen when the Citizenship (Amendment) Act, 2003 takes effect.

By Descent

• A person born outside of India between January 26, 1950, and December 10, 1992 must have had an Indian citizen father at the time of his birth.
• Either of the parents must be Indian citizens at the time of a child's birth outside the nation on or after December 10, 1992.

By Registration

• A person of Indian ancestry who has lived in India for at least seven years prior to applying for citizenship.
• A person who is married to an Indian citizen and has lived in India for at least seven years prior to applying for citizenship.
• Indian citizens' minor children.

By Naturalisation

• Residing in the country concerned for a certain period of time.
• Do not be a citizen of any country where Indians do not get citizenship by naturalization.
• Relinquishing the citizenship of other countries and accepting the citizenship of India.
• Should be well versed in any one of the languages mentioned in the Eighth Schedule.
• Be of good character.It is exempted under a special provision that if a person has done special work in the field of science, philosophy, art, literature, world peace or human development, then he can get citizenship by naturalization without fulfilling the above conditions.

Incorporation of Territory

• If any additional territory is added to India's territory or gets taxed. In 1974, Sikkim, for example, united with India. As a result, if the people of Sikkim become Indian citizens, the Indian government will ensure that the people of that region become Indian citizens.
• The act was amended four times: in 1986, in 2003, in 2005, and in 2015.

The Citizenship Act, 1955: Termination

• According to the Act, citizenship can be revoked in three ways:
• Renunciation: Any Indian citizen who is also a national of another country who renounces his Indian citizenship in the prescribed manner through a declaration ceases to be an Indian citizen. 
• When a male person loses his Indian citizenship, all of his minor children lose their Indian citizenship as well. 
• However, such a child may become an Indian citizen within one year of reaching full age by making a declaration of his intention to reclaim Indian citizenship.
• Termination: An Indian citizen's citizenship can be revoked if he or she knowingly or voluntarily adopts the citizenship of another country.
• Deprivation: In some cases, the Indian government may deprive a person of his citizenship. However, this does not apply to all citizens.
•  It is only applicable to citizens who obtained citizenship through registration, naturalization, or by virtue of Article 5 Clause (c) (which is citizenship at commencement for a domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution).
• 2019 Citizenship (Amendment) Bill: Members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan — would be allowed to stay in India if they arrived before December 14, 2014.
  • It also reduces the time required for citizenship from 11 to 6 years.
  • These migrants were also exempted from the Passport Act and the Foreigners Act, according to two notifications.
  • A large number of organizations in Assam have protested this Bill, which may grant citizenship to illegal Bangladeshi Hindu migrants.
  • The bill's justification is that Hindus and Buddhists are minorities in Bangladesh and fled to India to avoid religious persecution, but Muslims are the majority in Bangladesh and cannot be said to be in the same category.

Citizenship of India: Different Scenario in Assam

• In the 1970s, Assam experienced large-scale illegal migration from former East Pakistan and, after 1971, current-day Bangladesh. This resulted in a six-year-long Assam movement for the deportation of illegal migrants. The All Assam Students' Union (AASU) led the movement calling for the NRC to be updated and deportation of all illegal migrants who entered Assam after 1951.
• The Assam Movement against illegal immigration eventually led to the historic Assam Accord of 1985, signed by the Movement leaders and the Rajiv Gandhi government. It set March 25, 1971, as the cut-off date for the deportation of illegal migrants from the northeast of India.
• Section 6A (Identification of foreigners) was to be done under the Illegal Migrants (Determination by Tribunal) Act, 1983, which was only applicable in Assam and the Foreigners Act, 1946. The Act was declared unconstitutional and overturned by the Supreme Court in 2005 on the petition of Sarbananda Sonowal.
• This was eventually replaced by the Foreigners (Tribunals for Assam) Order, 2006, which was overturned again in 2007.
• In the IMDT case, the court ruled that geographically based classification was a violation of Article 14's right to equality.

Conclusion

• Giving a six-year residency concession based solely on religion is contrary to the tenets of secularism. India, as a country that adheres to the ideology of 'Vasudhaiva Kutumbakam,' should not be hasty in making decisions that may disenfranchise her citizens, thus contradicting centuries-old values.
• The need of the hour is for the Union Government to clearly chart out a course of action regarding the fate of excluded people from Assam's final NRC, and political parties to refrain from colouring the entire NRC process with electoral prospects. An overly legal approach will only add to the sense of insecurity, insecurity, and anxiety.

FAQs

MCQs

1. Which act governs the acquisition and termination of Indian citizenship?

A) Constitution of India
B) Citizenship Act, 1955
C) Foreigners Act, 1946
D) Nationality Act, 1947

2. Which of the following categories is NOT covered under the Citizenship Amendment Act (CAA) of 2019?

A) Hindus
B) Sikhs
C) Muslims
D) Christians

3. Which of the following is true about Overseas Citizenship of India (OCI)?

A) OCI holders have full voting rights
B) OCI holders can hold public office
C) OCI holders can reside in India indefinitely
D) OCI holders are granted Indian passports

4. What is the primary reason for the revocation of Indian citizenship?

A) Fraudulent acquisition of citizenship
B) Permanent residence in a foreign country
C) Non-payment of taxes
D) Marriage to a foreign national

5. Can an individual born in India to foreign diplomats acquire Indian citizenship by birth?

A) Yes
B) No
C) Only under special provisions
D) Yes, but with restrictions

GS Mains Questions and Answers

Q1: Discuss the implications of the Citizenship Amendment Act (CAA) on India's secular framework.

Answer: The Citizenship Amendment Act (CAA), passed in 2019, provides citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014. These minorities include Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, but notably exclude Muslims. This exclusion has sparked debates on its impact on India's secular framework, as the Indian Constitution ensures equality and non-discrimination based on religion. Critics argue that the CAA violates Articles 14 and 15 of the Constitution, which guarantee equality before the law and prohibit discrimination based on religion. Supporters of the CAA contend that it aims to protect religious minorities who face persecution in neighboring Islamic countries. The act has also led to protests across the country, with concerns that it, along with the proposed National Register of Citizens (NRC), could marginalize certain communities, especially Muslims. The Supreme Court of India is currently hearing petitions challenging the constitutionality of the CAA, making it a critical issue in the discourse on citizenship and secularism in India.

Q2: Evaluate the significance of the Citizenship Act of 1955 in defining India's approach to nationality and citizenship.

Answer: The Citizenship Act of 1955 is the cornerstone of India's legal framework governing citizenship. It lays down the methods of acquiring citizenship by birth, descent, registration, naturalization, and incorporation of territory. The act also specifies the conditions under which citizenship can be terminated, such as voluntary acquisition of foreign citizenship or fraudulent means of obtaining Indian citizenship. The significance of the act lies in its role in shaping India's inclusive approach to nationality, especially in a country as diverse as India, where identity and belonging are complex issues. Over the years, the act has been amended to address evolving challenges, such as the introduction of the Overseas Citizenship of India (OCI) in 2005 and the controversial Citizenship Amendment Act (CAA) in 2019. The Citizenship Act's flexibility in accommodating amendments reflects India's dynamic approach to nationality. However, the amendments, particularly the CAA, have raised questions about the act's implications for secularism and equality. Overall, the Citizenship Act of 1955 has been instrumental in defining who belongs to the Indian state and in maintaining social cohesion in a diverse society.

Q3: Analyze the impact of the prohibition of dual citizenship in India and its implications for the Indian diaspora.

Answer: India’s prohibition of dual citizenship has significant implications for the Indian diaspora. As per the Citizenship Act of 1955, Indian citizens who voluntarily acquire the citizenship of another country automatically lose their Indian citizenship. This policy was instituted to prevent divided loyalties and maintain the integrity of Indian nationality. However, the large and vibrant Indian diaspora, especially in countries like the USA, UK, and Canada, faces challenges due to this provision. Many individuals with strong ties to India are forced to choose between Indian citizenship and the citizenship of their adopted country. In response to these concerns, India introduced the Overseas Citizenship of India (OCI) card, which grants several benefits to foreign nationals of Indian origin, such as long-term residency and multiple entry visas. While OCI status allows the diaspora to maintain strong connections with India, it does not provide full citizenship rights, such as voting or holding public office. The prohibition on dual citizenship continues to be debated, with some arguing that allowing dual citizenship could strengthen India’s global influence by encouraging its diaspora to engage more actively with the homeland, while others believe it would dilute the meaning of Indian citizenship.

Previous Year Questions on Citizenship

1. UPSC CSE Prelims 2021:

Question: Which constitutional amendment was associated with the introduction of the concept of citizenship in India?

A) 42nd Amendment
B) 44th Amendment
C) 24th Amendment
D) None of the above

Answer: D

Explanation: The Constitution of India initially defined citizenship without any amendments, and the legal framework for citizenship was later codified in the Citizenship Act of 1955. Therefore, no constitutional amendment introduced the concept of citizenship.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: Discuss the legal and ethical dimensions of citizenship and how the Citizenship Amendment Act (CAA) has altered the framework of Indian citizenship.

Answer: Citizenship in India is governed by the Citizenship Act of 1955, which lays down the procedures for acquiring and losing citizenship. The CAA of 2019, however, introduced a significant alteration by fast-tracking citizenship for persecuted minorities from Pakistan, Bangladesh, and Afghanistan, specifically excluding Muslims. The legal framework now allows non-Muslim minorities, such as Hindus, Sikhs, and Christians, to apply for citizenship if they faced religious persecution in these countries. The ethical implications of this exclusionary approach have been widely debated. Proponents of the CAA argue that it provides refuge to vulnerable communities, while critics assert that it violates the principle of secularism and equality enshrined in the Constitution. The exclusion of Muslims, a substantial minority in India, raises concerns about religious discrimination. The intersection of law, religion, and ethics in the context of the CAA challenges India’s long-standing tradition of pluralism and inclusivity. The Supreme Court’s examination of the CAA’s constitutionality will determine the future trajectory of Indian citizenship policy.