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Citizenship Under the Indian Constitution: Rights, Laws, and Recent Debates
- The Law Gurukul
- Jul 3, 2025
- 3 min read
Introduction
Citizenship is the legal bond between an individual and a nation, granting rights, duties, and a sense of belonging. The Indian Constitution provides the framework for citizenship, while the Citizenship Act, 1955 (and its amendments) governs its implementation.
This blog explores:
✔ Constitutional Provisions on Citizenship (Part II, Articles 5-11)
✔ Acquisition & Loss of Citizenship
✔ Special Cases (Overseas Indians, Refugees, Assam NRC, CAA)
✔ Recent Controversies & Debates
1. Constitutional Provisions (Articles 5-11)
The Indian Constitution (Part II) initially defined citizenship at the time of its adoption (January 26, 1950):
Article 5: Citizenship for those domiciled in India at commencement.
Article 6: Citizenship for migrants from Pakistan (before & after July 19, 1948).
Article 7: Rights of migrants to Pakistan during Partition.
Article 8: Citizenship for Indians abroad (if registered).
Article 9: No citizenship for those voluntarily acquiring foreign nationality.
Article 10: Continuation of citizenship subject to laws.
Article 11: Parliament’s power to regulate citizenship.
Note: The Constitution did not provide permanent citizenship laws—it only defined who was a citizen in 1950. The Citizenship Act, 1955 later codified rules for citizenship.
2. How is Citizenship Acquired in India?
Under the Citizenship Act, 1955, citizenship can be acquired through:
A. By Birth (Section 3)
Born in India on or after January 26, 1950, but before July 1, 1987 → Automatic citizenship.
Born between July 1, 1987, and December 3, 2004 → At least one parent must be Indian.
Born after December 3, 2004 → Both parents must be Indian or one Indian + one not illegally migrating.
B. By Descent (Section 4)
If born outside India but at least one parent is an Indian citizen.
After December 3, 2004, birth must be registered within 1 year at an Indian consulate.
C. By Registration (Section 5)
Persons of Indian Origin (PIOs) living in India for 7+ years.
Spouses of Indian citizens married for 7+ years.
Minor children of Indian citizens.
D. By Naturalization (Section 6)
12+ years of residence (including 1 year immediately before application).
Must renounce previous citizenship (India does not allow dual citizenship).
E. By Incorporation of Territory
If new territory (e.g., Sikkim in 1975) becomes part of India, its people get citizenship.
3. How Can Citizenship Be Lost?
Renunciation (Section 8) – Voluntary surrender of citizenship.
Termination (Section 9) – Acquiring another country’s citizenship.
Deprivation (Section 10) – Fraudulent acquisition or disloyalty to India.
4. Special Cases & Controversies
A. Overseas Citizenship (OCI & PIO Schemes)
Overseas Citizen of India (OCI) – Lifelong visa, but not full citizenship (no voting rights).
Person of Indian Origin (PIO) – Merged with OCI in 2015.
B. Assam NRC (National Register of Citizens)
Aimed to identify illegal migrants in Assam (2019).
1.9 million people excluded, triggering debates on citizenship proof.
C. Citizenship Amendment Act (CAA), 2019
Fast-tracks citizenship for persecuted Hindus, Sikhs, Christians, Buddhists, Jains, Parsis from Afghanistan, Pakistan, Bangladesh (entered India before Dec 31, 2014).
Criticism: Excludes Muslims, seen as violating secularism.
5. Recent Debates & Future of Citizenship in India
NRC Expansion? Will it be implemented nationwide?
CAA-NRC Link: Protests over fears of targeting marginalized communities.
Dual Citizenship Demand: NRIs seek voting rights without losing foreign passports.
Conclusion: Citizenship as a Dynamic Concept
Indian citizenship laws have evolved from Partition-era rules to modern debates on migration, secularism, and identity. While the Constitution provides the foundation, Parliament shapes citizenship policies—sometimes leading to heated political and legal battles.
As India grows, the balance between inclusive citizenship and national security will remain a key challenge.
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