Citizenship in India (Part II, Articles 5-11)
Introduction
Citizenship determines the legal status of a person in a country, granting them rights, privileges, and duties. In India, Part II (Articles 5-11) of the Constitution deals with citizenship. These provisions define who was considered a citizen of India at the commencement of the Constitution (January 26, 1950) and provide for future legislation regarding citizenship.
Unlike many countries, India does not provide for dual citizenship. Instead, Indian citizenship is based on the principles of jus soli (right of birthplace) and jus sanguinis (right of bloodline).
Constitutional Provisions on Citizenship (Articles 5-11)
1. Article 5 – Citizenship at the Commencement of the Constitution
A person was considered an Indian citizen on January 26, 1950, if they:
✅ Were born in India, or
✅ Had parents who were born in India, or
✅ Had been an ordinary resident of India for at least 5 years before January 26, 1950.
2. Article 6 – Rights of Citizenship for Persons from Pakistan
People who migrated from Pakistan to India before July 19, 1948, were granted citizenship if:
✅ They had lived in India since migration, or
✅ They had been registered as Indian citizens after living for six months in India.
3. Article 7 – Rights of Citizenship for Persons Who Migrated to Pakistan and Returned
People who had migrated to Pakistan but later returned to India could get citizenship if:
✅ They had resettled in India and had lived there for at least six months before applying for citizenship.
4. Article 8 – Citizenship of Indians Living Abroad
Persons of Indian origin residing in another country could be recognized as Indian citizens if:
✅ They (or their parents or grandparents) were born in undivided India, and
✅ They were registered as citizens by the Indian government in their country of residence.
5. Article 9 – No Dual Citizenship
A person who voluntarily acquires the citizenship of another country automatically loses Indian citizenship.
6. Article 10 – Continuance of Citizenship
Any person who is recognized as a citizen under Articles 5-8 will continue to be an Indian citizen, subject to laws made by Parliament.
7. Article 11 – Parliament’s Power to Regulate Citizenship
The Parliament has the power to make laws related to acquisition, termination, and other matters of citizenship. Based on this power, the Parliament passed the Citizenship Act, 1955.
The Citizenship Act, 1955 (Amended Several Times)
The Citizenship Act, 1955, provides five ways to acquire Indian citizenship and three ways to lose it.
Ways to Acquire Citizenship
1️⃣ By Birth (Section 3) – A person is a citizen if born in India, subject to conditions.
2️⃣ By Descent (Section 4) – A person born outside India can be a citizen if one parent is an Indian citizen.
3️⃣ By Registration (Section 5) – Granted to Persons of Indian Origin (PIOs) or spouses of Indian citizens.
4️⃣ By Naturalization (Section 6) – A foreigner can become a citizen if they have lived in India for at least 12 years and fulfill other criteria.
5️⃣ By Incorporation of Territory (Section 7) – If India acquires a new territory, people of that territory automatically become Indian citizens (e.g., Sikkim in 1975).
Ways to Lose Citizenship
❌ By Renunciation (Section 8) – If a citizen voluntarily gives up Indian citizenship.
❌ By Termination (Section 9) – If a person acquires another country’s citizenship, they automatically lose Indian citizenship.
❌ By Deprivation (Section 10) – The government can revoke citizenship if it was obtained by fraud or if the person shows disloyalty to India.
Recent Amendments and Changes
1. The Citizenship (Amendment) Act, 2019 (CAA)
🔹 Provides citizenship to persecuted religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.
🔹 Excludes Muslims from the eligibility criteria, sparking debates on religious discrimination.
🔹 Exempts tribal areas in the Northeast and states under the Inner Line Permit (ILP) regime.
🔥 Controversies:
- Critics argue it violates secularism (Article 14).
- Supporters say it helps persecuted minorities.
- Led to nationwide protests and debates on citizenship and NRC (National Register of Citizens).
Case Laws on Citizenship
1. State of U.P. v. Rehmatullah (1971 AIR 1382)
- The Supreme Court ruled that a person voluntarily acquiring Pakistani citizenship loses Indian citizenship.
🔗 Read More
2. Sarbananda Sonowal v. Union of India (2005 AIR 2920)
- Declared illegal immigration a threat to national security and upheld the need for strict citizenship laws.
🔗 Read More
3. Pradeep Jain v. Union of India (1984 AIR 1420)
- Clarified that citizenship is not the only criteria for residency-based rights (e.g., education and jobs).
🔗 Read More
4. Berubari Union Case (1960 AIR 845)
- Determined that Parliament has the authority to alter Indian territory and grant citizenship to people of newly added areas.
🔗 Read More
Dual Citizenship in India: Why Not Allowed?
❌ Security Concerns – People with dual loyalty may pose a risk.
❌ One Nation, One Citizenship – India follows a single citizenship model (like the UK, unlike the US).
❌ Practical Difficulties – Differentiating between citizen rights and foreign rights is complicated.
🔹 However, India offers OCI (Overseas Citizen of India) cards for foreign nationals of Indian origin. OCI holders cannot vote, own agricultural land, or hold government jobs.
Comparison: Indian Citizenship vs. U.S. Citizenship
| Feature | India | United States |
|---|---|---|
| Dual Citizenship | ❌ Not Allowed | ✅ Allowed |
| By Birth | ✅ Restricted after 1987 | ✅ Anyone born in the U.S. gets citizenship |
| By Descent | ✅ Requires one parent to be Indian | ✅ More relaxed |
| By Naturalization | ✅ 12 years required | ✅ 5 years required |
Conclusion
Citizenship in India is governed by constitutional provisions and the Citizenship Act, 1955. While the Constitution provided the initial framework (Articles 5-11), the Parliament has the authority to regulate citizenship laws through amendments.
With recent amendments like the CAA 2019, citizenship laws in India have become a subject of intense political and legal debate. As India continues to evolve, its citizenship policies must balance national security, humanitarian concerns, and constitutional values.
📌 “A citizen is not just a legal identity; it is a commitment to the nation’s values and responsibilities.”
References
- The Constitution of India, 1950.
- Citizenship Act, 1955 (with amendments).
- Supreme Court judgments from Supreme Court Website.
- M.P. Jain, “Indian Constitutional Law” (2020).
