Citizenship of India is the status of a person identified under the law as being a member of the state. However, the Citizenship Act of 1955 & its Amendments deals with termination and acquisition of Citizenship. Moreover, the Indian Constitution has also provided citizenship rights for Non-Resident Indians, Overseas Citizen of India, and Persons of Indian Origin.
The term citizenship refers to the full enjoyment of membership of any state or community in which a citizen; enjoys political and civil rights. It can be described as a legal relationship of an individual with a particular state which is expressed by mortgage his loyalty towards state and by carrying out duties like respecting national principles and values, paying taxes, serving in the army during need, etc.
Constitutional Provisions
The Constitutional Assembly incorporated a generalized provision through Article11 for the Parliament to regulate the Citizenship of India by law. But, when it adopted the Constitution, it brought into force Part-2 of Constitution for India Citizenship with Articles 5-11 dealing with it which states as follows:
Article 5 deals that every person who has his domicile in the territory of India and:
a.) who was born in the territory of India; or
b.) either of whose parents were born in the territory of India; or
c.) who has been ordinarily resident in the territory of India for not less than 5 yrs immediately preceding such commencement shall be a citizen of India
Article 6: These are Rights of Citizenship of certain persons who have immigrant to India from the territory now included in Pakistan shall be considered to be a citizen of India at the commencement of this Constitution.
Article 7: These are Rights of Citizenship of certain immigrant to Pakistan is a special provision for persons who have immigrant to Pakistan after March 1, 1947, but returned to India subsequently.
Article 8: These are the Rights of Citizenship of certain persons of Indian origin residing outside India for marriage, employment, and education
Article 9: Persons who willingly acquire Citizenship of a foreign state will not be citizens of India.
Article 10: Every person who is a citizen of India under any provisions of this part will be subject to any law pass by the Parliament.
Citizenship Act 1955 and its Amendments
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Citizenship Act of 1955 deals with termination and acquisition of Citizenship after the commencement of the Constitution. The provisions under it include:
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Any person born in India after January 26, 1950, would be a citizen of India but those of children of enemy aliens and diplomats cannot be citizens of India by birth
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Any person born in India after January 26, 1950, would be a citizen of India subject to certain requirements, for example, either parent (father or mother) to be a citizen of India
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Definite categories of citizens can acquire Citizenship by registration in the prescribed manner
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If any territory becomes part of India, the Govt of India could specify the conditions for them becoming citizens
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Foreigners could obtain Indian Citizenship by naturalization on certain conditions
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Citizenship could be lost by renunciation, termination, deprivation on certain grounds
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Citizen of a Commonwealth country would have the status of a Commonwealth citizen in India
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The Citizenship (Amendment) Act of 1986 deals explicitly with the Citizenship of the state of Assam. It mentions that illegal migrant to get Citizenship to need to be registered with the Indian consulate in the prescribed format.
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The Citizenship (Amendment) Act of 1992 deal with if any person born outside India is considered as a citizen of India by virtue of Citizenship by Descent if either of the parents was a citizen at the time of his birth.
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The Citizenship Amendment Act of 2003 introduces various provisions for overseas citizens regarding their rights in India, registration, etc.
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The Citizenship Amendment Act 2005 deals with recommendations of the Parliamentary Standing Committee on Home Affairs. It provides for dual Citizenship to PIO of 16 countries.
Modes of acquisition of Citizenship
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By Birth: The accord of Citizenship under this clause is subject to changes according to amendments in place at that time.
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By Registration: Citizenship can be obtained by registering.
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By Descent: Related to Citizenship by descent this provision also was subjected to changes from time to time
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By incorporation of territory.
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By naturalization.
Loss of Citizenship
The Citizenship Act of 1955 deals with the loss of Citizenship also in addition to acquisition.
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By termination: If a person knowingly or voluntarily becomes a citizen of any foreign country.
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By renunciation: Any person who has made a declaration expressing his willingness to renounce the Citizenship shall cease to be the Citizenship of India.
Overseas Citizen of India
According to the Citizenship Amendment Act 2003, an overseas citizen of India person included in:
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Of Indian origin being a citizen of a particularized country
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Was a citizen of India immediately becoming a citizen of other country and registered as OCI by the central government.
Non-Resident Indian
Non-Resident Indian (NRI) is a citizen of India who holds an Indian passport and has temporarily immigrated to other country either for education or employment or any other purpose.
Persons of Indian Origin
A Persons of Indian Origin is a person of India origin whose grandparents or parents are citizens of India, but he is not a citizen of India but another country.
The issue of Citizenship plays an important role in a democratic nation-state, and hence Citizenship is an important principle of a democratic polity.