Rahul Devashish
Rahul DevashishCoursePolityCitizenship
17 Jun 2025ยท3 min readยท

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 5โ€“11) of the Constitution deals with Citizenship.
  • The Constitution provided for single citizenship, i.e., Indian citizenship (no separate state citizenship like the USA).

๐Ÿ“ PYQ (BPSC 64th): Indian Constitution provides for? โ†’ Single Citizenship


Constitutional Provisions (Articles 5โ€“11)

  • 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

๐Ÿ“ 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

  1. By Birth:

    • Before 1 July 1987 โ†’ Automatically a citizen
    • Between 1987โ€“2004 โ†’ One parent must be Indian
    • After 2004 โ†’ One parent Indian & other not illegal migrant
  2. By Descent:

    • Born outside India to Indian parents (subject to registration)
  3. By Registration:

    • For persons of Indian origin or married to Indian citizens
  4. By Naturalisation:

    • After residing in India for 12 years (criteria defined in Act)
  5. By Incorporation of Territory:

    • When a new territory becomes part of India (e.g., Pondicherry)

๐Ÿ“ PYQ (BPSC 65th): Which law governs Indian citizenship post-1950? โ†’ Citizenship Act, 1955


Loss of Citizenship

  1. By Renunciation: Voluntarily giving up citizenship
  2. By Termination: Automatically terminated when acquiring foreign citizenship
  3. 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

๐Ÿ“ 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 5โ€“11
  • 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