Citizenship
- Citizenship defines the legal status of a person as a member of a sovereign nation, entitling them to rights and duties.
- In India, Part II (Articles 5โ11) of the Constitution deals with Citizenship.
- The Constitution provided for single citizenship, i.e., Indian citizenship (no separate state citizenship like the USA).
๐ PYQ (BPSC 64th): Indian Constitution provides for? โ Single Citizenship
Constitutional Provisions (Articles 5โ11)
- Article 5: Citizenship at the commencement of the Constitution
- Article 6: Citizenship rights of migrants from Pakistan
- Article 7: Citizenship of persons who migrated to Pakistan but returned
- Article 8: Citizenship of Indians residing abroad
- Article 9: No dual citizenship โ acquiring foreign citizenship leads to loss of Indian citizenship
- Article 10: Parliament has the right to regulate citizenship
- Article 11: Parliament empowered to make laws regarding acquisition and termination of citizenship
๐ Expected MCQ: Which Article deals with migrants from Pakistan? โ Article 6
Citizenship Act, 1955
- Governs the provisions for acquisition and loss of citizenship after 1950.
- Amended multiple times (notably in 1986, 2003, and 2019).
Acquisition of Citizenship
-
By Birth:
- Before 1 July 1987 โ Automatically a citizen
- Between 1987โ2004 โ One parent must be Indian
- After 2004 โ One parent Indian & other not illegal migrant
-
By Descent:
- Born outside India to Indian parents (subject to registration)
-
By Registration:
- For persons of Indian origin or married to Indian citizens
-
By Naturalisation:
- After residing in India for 12 years (criteria defined in Act)
-
By Incorporation of Territory:
- When a new territory becomes part of India (e.g., Pondicherry)
๐ PYQ (BPSC 65th): Which law governs Indian citizenship post-1950? โ Citizenship Act, 1955
Loss of Citizenship
- By Renunciation: Voluntarily giving up citizenship
- By Termination: Automatically terminated when acquiring foreign citizenship
- By Deprivation: If obtained by fraud, disloyalty, or residence outside India for 7 years
Recent Amendment: Citizenship (Amendment) Act, 2019
- Grants citizenship to non-Muslim refugees (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Afghanistan, and Bangladesh who entered India before 31 Dec 2014
- Reduced residence requirement from 11 years to 5 years
- Applicable only to specified religious minorities and not applicable in tribal areas of NE states
๐ PYQ (BPSC 67th): Citizenship (Amendment) Act, 2019 benefits refugees from which countries? โ Pakistan, Afghanistan, Bangladesh
Overseas Citizenship of India (OCI)
- Introduced by Citizenship Amendment Act, 2005
- OCI is not dual citizenship
- Provides benefits like visa-free travel, work, and residence in India
Key Features of Indian Citizenship
- Single citizenship for entire India
- No dual citizenship (unlike the USA)
- Governed by Citizenship Act, 1955
- Parliament has full power to regulate citizenship
Quick Revision Points
- Part II โ Articles 5โ11
- Citizenship Act โ 1955
- 5 acquisition methods โ Birth, Descent, Registration, Naturalisation, Incorporation
- 3 loss methods โ Renunciation, Termination, Deprivation
- CAA 2019 โ Refugees from Pakistan, Afghanistan, Bangladesh (non-Muslims)
- No dual citizenship allowed
- OCI introduced in 2005 (Not full citizenship)
Sources Used
- NCERT Class 11 โ Indian Constitution at Work
- M. Laxmikanth โ Indian Polity (6th Edition)
- Lucent GK โ Indian Polity
- Ministry of Home Affairs โ Citizenship Division
- Ghatna Chakra BPSC PYQs
