Index

1. Introduction 
2. Overview Of The Citizenship Act Of 1955
3. Provisions Of Indian Citizenship Under The Constitution: Articles 5 to 11
4. Ways To Acquire Indian Citizenship
5. Ways Indian Citizenship Can Be Terminated
6. What Is A PIO Card
7. National Register Of Citizens (NRC)
8. Eligibility Requirements For NRC Inclusion
9. Overseas Citizenship Of India (OCI)
10. Indian Citizenship Benefits And CAA 2019
11. Citizenship Qualifications In Assam: Post-Assam Accord Amendments
12. Conclusion
13. FAQs

Introduction 

Citizenship means being a legal member of a country, with all the rights and duties that come with it. In India, Articles 5 to 11 of the Constitution explain who can be a citizen. Being a citizen means you have full membership in the country, including civil and political rights. The Citizenship Act regulates and controls these citizenship rights. This article explains the Citizenship Act of 1955 and its amendments, providing details on how the act includes the elimination and admission of a citizen. 

Overview Of The Citizenship Act Of 1955

The Citizenship Act, also known as the Indian Nationality Law, is legislation that defines the rights and duties of Indian citizens. It ensures individuals are recognized as Indian citizens. The Constitution of India and the Citizenship Act of 1955 govern a person’s citizenship status. This act was enacted by the Indian Parliament and came into effect on December 30, 1955.

Indian citizens who are 18 years old can choose to give up their Indian citizenship voluntarily. Their minor children can acquire Indian citizenship, and upon reaching adulthood, they have one year to apply for it. Before 2013, relinquishing citizenship required having another country’s nationality.

Previously, married women were treated as adults for citizenship matters, regardless of their age. Until 1992, only children of fathers who gave up citizenship lost their Indian citizenship. People permanently settling in Pakistan or Bangladesh automatically lose Indian citizenship, as do those acquiring another country’s citizenship.

Moreover,  overseas citizenship is for former Indian citizens and their descendants, granting rights to work and live abroad. However, it doesn’t confer that full Indian citizenship holders can’t vote, run for office, or access certain areas. Applicants with ties to Pakistan or Bangladesh can’t apply for Overseas Citizenship. This will be further discussed in the article. 

Provisions Of Indian Citizenship Under The Constitution: Articles 5 to 11

Article 5: This article defines who was considered a citizen of India when the Constitution came into effect on January 26, 1950. It grants citizenship to those who lived in India, were born in India, had a parent born in India, or had lived in India for at least five years before the Constitution began.

Article 6: This article addresses those who moved from Pakistan to India. They could become citizens of India at the start of the Constitution if:

1. They or their parents or grandparents were born in India, as defined in the Government of India Act of 1935
2. If they moved to India before July 19, 1948, and have lived in India since then
3. If they moved to India after July 19, 1948, and registered as citizens, provided they lived in India for at least six months before applying.

Article 7: This article covers the rights of people who moved to Pakistan after March 1, 1947, but later returned to India.

Article 8: This article addresses the rights of people of Indian origin living outside India for work, marriage, or education.

Article 9: People who voluntarily become citizens of another country will lose their Indian citizenship.

Article 10: Anyone recognized as a citizen of India under these articles will continue to be a citizen, subject to any laws made by Parliament.

Article 11:  Parliament has the authority to make laws about acquiring and losing citizenship and other related matters.

Ways To Acquire Indian Citizenship

Citizenship in India can be acquired through the following methods:

1. At the commencement of the Constitution: People living in India on November 26, 1949, became citizens automatically.
2. By birth: Born in India between January 26, 1950, and July 1, 1987 or Born after July 1, 1987, with at least one Indian parent or Born after December 3, 2004, if both parents are Indian citizens or one parent is an Indian citizen and the other is not an illegal migrant. Citizenship by birth does not apply to children of foreign diplomats or enemy aliens.
3. By descent:If a person has an Indian parent.
4. By registration: Through a legal process specified by the government.
5. By naturalisation: For foreigners who meet the residency and other requirements.
6. By incorporation of territory: When new territories become part of India.

Ways Indian Citizenship Can Be Terminated

The Citizenship Act allows for the termination of Indian citizenship in three ways:

1. Renunciation: An Indian citizen who is also a citizen of another country can renounce their Indian citizenship by making a formal declaration. If a man renounces his citizenship, his minor children also lose their Indian citizenship. However, these children can regain it by declaring their intention within one year after reaching adulthood.
2. Termination: Citizenship can be terminated if a person voluntarily acquires citizenship of another country.
3. Deprivation: The government can revoke citizenship in certain cases, mainly for those who acquired it by registration or naturalisation, or under Article 5(c) (for those who were domiciled in India and had been residents for at least five years before the Constitution began).

What Is A PIO Card

A Person of Indian Origin (PIO) card can be issued to a foreign citizen (except those from Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka, and Nepal) if they:

1. Ever held an Indian passport
2. Have parents, grandparents, or great-grandparents who were born and lived in India as per the Government of India Act, 1935, and its successor territories, as long as neither was a citizen of the above-excluded countries
3. Are the spouse of an Indian citizen or a PIO.

Benefits Of A PIO Card:

1. Visa-Free Travel: PIO cardholders do not need a visa to visit India for 15 years from the card’s issue date.
2. Registration Exemption: They do not need to register with the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO) if their stay in India is under 180 days. For stays over 180 days, they must register within the next 30 days.
3. Equal Treatment as NRIs: PIO cardholders have similar economic, financial, and educational benefits as Non-Resident Indians (NRIs), including: Buying, holding, transferring, and selling property in India, except agricultural or plantation properties, Admission of children to educational institutions in India under the NRI quota, including medical and engineering colleges, IITs, and IIMs and access to housing schemes from LIC, State Government, and Central Government agencies. Any future benefits given to NRIs will also apply to PIO cardholders.

Limitations Of A PIO Card:

1. PIO card holders cannot work in Indian government services or hold constitutional offices
2. They need prior permission for mountaineering, missionary activities, or research work in India.

PIO cardholders can enter India multiple times without needing a separate visa for fifteen years.

National Register Of Citizens (NRC)

The National Register of Citizens (NRC) is a record created after the 1951 Census, listing households and people in each village. It was published once, in 1951.

The NRC was first updated in Assam, including names of individuals and their descendants from the 1951 NRC or electoral rolls until March 24, 1971.

Its main goal in Assam was identifying illegal immigrants from Bangladesh post the 1971 war, a sensitive issue due to concerns of cultural erosion and demographic changes.

Eligibility Requirements For NRC Inclusion

To be eligible for the NRC, one must meet any of the following criteria:

1. Their name was in the 1972 NRC or any Electoral Rolls until March 24, 1971, along with their descendants.
2. They registered with the FRRO as per Central Government rules, proving they are not illegal migrants.
3. They migrated to Assam between January 1, 1966, and March 25, 1971.
4. They are original Assam inhabitants or their descendants with verified Indian citizenship.
5. They can provide valid documents issued before March 24, 1971, as listed for citizenship.

Overseas Citizenship Of India (OCI)

The Overseas Citizenship of India (OCI) Scheme was introduced in 2005 through an amendment to the Citizenship Act, 1955, in response to the Indian diaspora’s request for dual citizenship, especially in developed nations. It was launched officially during the Pravasi Bharatiya Divas convention in Hyderabad in 2006.

An OCI is someone with Indian origin who holds citizenship of another country. They were Indian citizens on January 26, 1950, or later, except those from Pakistan, Bangladesh, or certain other countries.

Introduced in 2005 under the Citizenship (Amendment) Act, the OCI card fulfils the need for dual citizenship among Indians in developed countries. It grants Overseas Citizenship of India, allowing living and working in India indefinitely, but without voting rights, eligibility for constitutional roles, or the ability to buy agricultural land.

To apply for the OCI scheme, a person must meet the following criteria:

1. They must be citizens of another country with Indian origin or eligible for Indian citizenship at the Constitution’s commencement.
2. They can be descendants of Indian citizens or minors with Indian citizen parents.
3. Spouses of Indian citizens or OCI cardholders can also apply.

However, citizens of Bangladesh or Pakistan and those with a background of foreign military service are not eligible.

While OCI cardholders enjoy certain benefits, they are not entitled to:

1. Equal opportunity rights in public employment.
2. Eligibility for presidential or vice-presidential elections.
3. Certain judicial rights under the Constitution.
4. Voting rights or eligibility for public office in India.

Indian Citizenship Benefits And CAA 2019

Citizenship in India comes with a range of fundamental rights, including the right to life, equality before the law, freedom of speech, assembly, and religion. Citizens have the privilege of permanent residence, voting rights, and access to state welfare schemes not available to foreigners.

On the other hand, foreigners in India are entitled to fundamental rights such as life and personal liberty, but they don’t enjoy the same rights as citizens.

As per the Citizenship Act, 1955, an illegal migrant is someone who enters India without a valid passport or overstays after the document’s expiry.

Before the 2019 amendment, illegal migrants were not eligible to apply for citizenship through naturalisation or registration under the Citizenship Act, 1955.

However, the Citizenship Amendment Act (CAA) of 2019 altered this by allowing illegal migrants to apply for citizenship through naturalisation, with a reduced residency requirement of 5 years instead of the usual 11 years for other foreign nationals.

The 2019 Bill also aims to allow undocumented immigrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan to become eligible for Indian citizenship. However, certain areas in the North-East are exempt from this provision.

The Bill additionally changes the rules for Overseas Citizen of India (OCI) cardholders. The Bill druthers introduces a new rule that allows the cancellation of an OCI registration if the cardholder has violated any law specified by the central government.

Citizenship Qualifications In Assam: Post-Assam Accord Amendments

Following the Assam Accord in 1985, amendments were made to the Citizenship Act, including Section 6A, which pertains specifically to Assam’s citizenship qualifications. However, certain aspects of this section are still awaiting clarification from a constitutional bench of the Supreme Court.

In essence, the amendment outlines qualifications for citizenship in Assam:

1. Those who came from former East Pakistan before January 1, 1966, and have been ordinary residents of Assam since then are considered Indian citizens from January 1, 1966.
2. Individuals who entered Assam from East Pakistan between January 1, 1966, and March 25, 1971, and have been residing there but are detected as foreigners, must register with the concerned authority. After a process, they may be treated as Indian citizens 10 years from the date of detection as a foreigner.
3. Children born in India to illegal migrants who entered after March 25, 1971, but before December 7, 1985, are considered Indian citizens under the birthright citizenship rule that prevailed across India before 1985.

These provisions aim to clarify citizenship qualifications for individuals in Assam based on historical migration patterns and residency.

 

Conclusion

The framework of Indian citizenship, as outlined by the Constitution and further detailed in the Citizenship Act of 1955, establishes a comprehensive system for acquiring, retaining, and terminating citizenship. With provisions like the NRC and the introduction of PIO and OCI cards, India accommodates the diverse circumstances of its diaspora while ensuring national security and identity. Amendments such as the CAA 2019 and specific qualifications in regions like Assam reflect the evolving nature of citizenship laws in response to historical and socio-political changes. Understanding these facets helps in appreciating the rights, responsibilities, and benefits conferred by Indian citizenship.

FAQs

1.What are the primary ways to acquire Indian citizenship?

Answer: Indian citizenship can be acquired by birth, descent, registration, naturalization, or incorporation of territory.

2.What happens if an Indian citizen voluntarily becomes a citizen of another country?

Answer: If an Indian citizen voluntarily acquires citizenship of another country, they automatically lose their Indian citizenship.

3.What is a PIO card?

Answer: A PIO (Person of Indian Origin) card was issued to individuals of Indian origin who held foreign passports, allowing them to travel and stay in India without a visa for certain periods. Note that the PIO scheme has been merged with the OCI scheme.

4.What is the National Register of Citizens (NRC)?

Answer: The NRC is a register of all Indian citizens whose creation was mandated by the Citizenship Act of 1955, and it aims to document all the legal citizens of India.

5. What are the benefits of holding an Overseas Citizenship of India (OCI) card?

Answer: OCI cardholders enjoy benefits such as a lifelong visa to India, exemption from reporting to police authorities, and equality with NRIs in financial, economic, and educational fields except for acquiring agricultural land.

6. What changes were introduced by the Citizenship Amendment Act (CAA) 2019?

Answer: The CAA 2019 allows non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014, to apply for Indian citizenship, provided they meet certain conditions.