Citizenship in Indian Constitution: Part II (Articles 5-11) (Download Free Notes)

Overview: Part II of the Constitution of India (Articles 5-11) deals with citizenship. This section details the laws, acts, and constitutional articles related to citizenship, accompanied by video infobits for better understanding.

The issue of citizenship in India has been a prominent topic of discussion and debate, especially in recent years. Changes in citizenship laws and policies have sparked debates about their impact on different societal sections and their alignment with constitutional principles.

Weather you are a law student, a lawyer, a judiciary aspirant, a law teacher or anyone from legal fraternity, it is important for you to understand the concept of citizenship from the Constitution of India. Therefore to help you with that we have curated well researched notes for your preparation.

In this Blog we will cover:

1. Concept of Citizenship in Indian Constitution
2. Principles of Citizenship
3. Amendments to the Citizenship in India

Download FREE Notes for Judiciary by Judiciary Gold

Citizen: A citizen is an individual who belongs to a specific territory and possesses the legal rights and responsibilities associated with that territory. Citizens are subject to the laws of the state and are recognized as full members of that state.

Citizenship: The concept of citizenship defines the relationship between an individual and their sovereign state. This relationship includes two categories: citizens and aliens. Individuals who are not citizens of India are classified as aliens and are excluded from the rights and privileges of citizenship.

Historical Context: During the partition of India and Pakistan, individuals who chose Indian nationality remained citizens of India, while those who stayed in Pakistan became citizens of Pakistan.

Read Now: Note-making tips suggested by the judiciary exam toppers.

Download FREE Independence of Judiciary Notes by Judiciary Gold

Citizenship in India

Citizenship in India confers legal status, granting individuals specific rights and privileges within the country. The Citizenship Act of 1955 governs all matters related to Indian citizenship, outlining various methods for acquiring or losing citizenship.

Understand: Judiciary Exam Pattern

Acquisition of Indian Citizenship

By Birth:

1. Individuals born in India on or after January 26, 1950, are citizens by birth.
2. Those born in India between January 26, 1950, and July 1, 1987, are citizens irrespective of their parents' nationality.
3. Individuals born in India on or after July 1, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003, are citizens if at least one parent is an Indian citizen at the time of their birth.

Read More: Best Books for Judiciary Exams

Download Union and Its Territory Notes by Judiciary Gold

By Descent:

1. Individuals born outside India on or after January 26, 1950, but before December 10, 1992, are citizens if their father was an Indian citizen at the time of their birth.
2. Those born outside India on or after December 10, 1992, are citizens if either parent was an Indian citizen at the time of their birth.

By Registration:

1. Individuals not citizens by birth or descent can acquire Indian citizenship through registration, provided they meet certain conditions. This includes individuals who have resided in India for several years or are married to Indian citizens.

Download Constitution Overview Notes by Judiciary Gold

Principles of Citizenship

Jus Soli (Right of Soil): Derived from Latin, this principle grants citizenship to individuals born within a nation's territory.

Jus Sanguinis (Right of Blood): This principle bestows citizenship based on the nationality of one's parents, irrespective of the place of birth. The Constituent Assembly of India rejected jus sanguinis as it was considered racial and against Indian values. The Motilal Nehru Committee (1928) recommended jus soli as a more appropriate method aligned with the country's ethics.

Download Sales of Goods Act Notes by Judiciary Gold

Constitutional Orientation

Part II of the Constitution of India: This section contains provisions regarding the status of citizens at the commencement of the Constitution, encompassing Articles 5-11. These articles outline the criteria and conditions for citizenship.

• Article 5: Grants citizenship to persons domiciled and born in India, or to those domiciled but not born in India if either parent was born in India, or to individuals residing in India for five years preceding the Constitution's commencement.
• Article 6: Confers citizenship on individuals migrating from Pakistan to India before July 19, 1949, if one parent or grandparent was born in India. Those migrating after this date required registration.
• Article 7: States that individuals who migrated to Pakistan after March 1, 1947, but later returned to India with a resettlement permit, would be considered citizens.
• Article 8: Allows Persons of Indian Origin residing outside India, with parents or grandparents born in India, to register as Indian citizens with an Indian Diplomatic Mission.
• Article 9: Establishes the concept of single citizenship by denying Indian citizenship to individuals voluntarily acquiring citizenship of another country.
• Article 10: Ensures that persons granted citizenship under any provision of this Part will continue to be citizens, subject to laws made by Parliament.
• Article 11: Empowers Parliament to legislate on the acquisition and termination of citizenship.

Read About:  Judiciary Exam Preparation Tips

Download FREE 6 Month Judiciary Strategy by Judiciary Gold

Constitutional Provisions

Article 5: Citizenship at the Commencement of the Constitution At the commencement of this Constitution, every person domiciled in the territory of India and:

(a) born in the territory of India; or

(b) whose parents were born in the territory of India; or

(c) who has resided in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

Article 6: Rights of Citizenship of Certain Persons Migrated from Pakistan Despite Article 5, a person who migrated to India from Pakistan shall be deemed a citizen if:

(a) they or their parents/grandparents were born in India as defined in the Government of India Act, 1935; and

(b) they have resided in India since their migration, or they have been registered as citizens by an appointed officer after migrating post-July 19, 1948.

Read More: When to begin Judiciary Exam Preparation

Download Toppers Strategy to make notes by Judiciary Gold

Article 7: Rights of Citizenship of Certain Migrants to Pakistan Individuals who migrated to Pakistan after March 1, 1947, shall not be deemed citizens of India unless they return with a permit for resettlement.

Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India Individuals born outside India to parents or grandparents who were born in India, as defined in the Government of India Act, 1935, can register as Indian citizens with Indian diplomatic or consular representatives.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to Be Citizens Individuals who voluntarily acquire the citizenship of a foreign state shall not be citizens of India.

Article 10: Continuance of the Rights of Citizenship All persons who are or are deemed to be citizens of India shall continue as such, subject to parliamentary laws.

Article 11: Parliament to Regulate the Right of Citizenship by Law Parliament holds the authority to make provisions regarding the acquisition and termination of citizenship and all other matters related to citizenship.

Know more: How to prepare for Judiciary in 2024?

Download Important CPC Questions by Judiciary Gold

The Citizenship Act, 1955

Enactment: Act No. 57 of 1955, effective December 30, 1955, regulates the acquisition and determination of Indian citizenship. It consists of 19 sections and 3 schedules.

Acquisition:

• By Birth (Section 3): Citizenship granted to individuals born in India between January 26, 1950, and July 1, 1987.
• By Descent (Section 4): Citizenship granted to individuals born outside India if one parent is an Indian citizen.
• By Registration (Section 5): Available to persons of Indian descent residing in India for seven years, or spouses of Indian citizens after seven years of residence.
• By Naturalization (Section 6): Granted to individuals residing in India for 12 years, meeting the criteria in the 3rd Schedule, relinquishing other citizenships, and possessing good character and knowledge of an Indian language.
• By Incorporation of Territory (Section 7): Individuals in territories incorporated into India become citizens (e.g., Goa, Daman, and Diu after December 20, 1961).

Download Limitation Act notes by Judiciary Gold

Revocation:

• Renunciation (Section 8): Individuals renouncing Indian citizenship to acquire another nationality cease to be Indian citizens.
• Termination (Section 9): The government can terminate citizenship if an individual voluntarily acquires another nationality.
• Deprivation (Section 10): The government can deprive citizenship obtained through registration, naturalization, or specific constitutional provisions if acquired through fraud or misrepresentation.

Know About: Best Books for Judiciary Exams 

Download CPC notes by Judiciary Gold

Amendments to the Citizenship in India

• 1986 Amendment: Adopted jus sanguinis, allowing citizenship to those born in India between January 26, 1950, and July 1, 1987, or with at least one parent born in India.
• 2003 Amendment: Imposed stricter conditions for citizenship, requiring one parent to be an Indian citizen and the other not an illegal immigrant for births after December 4, 2004.
• 2005 Amendment: Introduced dual citizenship for Overseas Citizens of India (OCI), excluding individuals from Pakistan or Bangladesh.
• 2019 Amendment: Excluded certain religious minorities from Afghanistan, Bangladesh, and Pakistan from being considered illegal migrants if they entered India before December 31, 2014.

Citizenship (Amendment) Act of 2003 

The Citizenship (Amendment) Act of 2003 introduced provisions for Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO), granting specific privileges and rights to certain foreign nationals of Indian origin without conferring full citizenship.

It is important to note that acquiring Indian citizenship can also result in the loss of citizenship under certain conditions. For instance, an individual who voluntarily acquires the citizenship of another country may forfeit their Indian citizenship. Furthermore, the government of India retains the authority to cancel or revoke citizenship under specific circumstances.

Read About: Important Topics for Judiciary Exams

Additional Information

• Persons of Indian Origin (PIO) Card: Issued to individuals of Indian origin who are citizens of certain countries, excluding Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China, and Nepal.
• Overseas Citizen of India (OCI) Card: Issued to foreign nationals who were eligible to become Indian citizens on January 26, 1950, or were Indian citizens on or after that date. Applications from citizens of Bangladesh and Pakistan are not allowed.
• Overseas Indian Card: A proposed bill seeks to replace the existing OCI and PIO cards with a new overseas Indian card.

While PIO cardholders have a 15-year multiple entry visa, OCI cardholders enjoy a lifelong visa for multiple purposes, with certain restrictions on acquiring agricultural land. OCI is not dual citizenship, and OCI cardholders do not have voting rights.

Conclusion

Citizenship, a matter under the Union List, is governed by the Parliament of India with constitutional backing in Part II of the Constitution. Utilizing the authority granted by Article 11, the Citizenship Act of 1955 was enacted and subsequently amended to address evolving needs. The principle of Vasudhaiva Kutumbakam (the world is one family) guides the acceptance of citizenship applications made through legal means.