Citizenship forms the fundamental bond between an individual and the state, conferring upon the former a set of rights and obligations while defining their identity within the national framework. It is a status that grants an individual the right to reside in a country, participate in its political life, and avail themselves of its public services, while simultaneously imposing duties such as allegiance to the constitution and obedience to the laws of the land. In a diverse and populous nation like India, the concept of citizenship is particularly significant, as it underpins the very fabric of its democratic and secular ideals, ensuring uniform rights and responsibilities for all its citizens, irrespective of their origin or background.

The legal framework governing citizenship in India is primarily laid down in Part II (Articles 5 to 11) of the Constitution of India and the Citizenship Act, 1955. While the Constitution only outlined the citizenship status at the commencement of the Constitution (January 26, 1950), Article 11 empowered the Parliament to enact laws pertaining to the acquisition and termination of citizenship and all other matters relating to it. Consequently, the Citizenship Act, 1955, has served as the principal legislation, undergoing several amendments over the years – notably in 1986, 2003, 2005, and most recently in 2019 – to adapt to changing societal needs, international norms, and demographic realities. India adheres to the principle of “single citizenship,” meaning an individual can only be a citizen of India and not concurrently a citizen of any other country, a concept deeply rooted in the historical context of its independence movement and the desire for national unity.

Acquisition of Indian Citizenship

The Citizenship Act, 1955, specifies five primary ways in which a person can acquire Indian citizenship: by birth, by descent, by registration, by naturalization, and by incorporation of territory. Each method is governed by specific conditions and criteria, which have been refined and amended over time to address evolving challenges such as illegal migration, national security concerns, and the rights of overseas Indians.

Citizenship by Birth (Jus Soli)

This principle, known as jus soli (right of the soil), grants citizenship to individuals born within the territory of a country. India’s approach to citizenship by birth has seen significant evolution:

  • Prior to July 1, 1987: Any person born in India on or after January 26, 1950, and before July 1, 1987, was deemed a citizen of India by birth, irrespective of the nationality of their parents. This was a broad application of jus soli.
  • From July 1, 1987, to December 2, 2004: Due to concerns about illegal immigration, particularly from neighbouring countries, the Citizenship (Amendment) Act, 1986, modified this provision. It stipulated that a person born in India on or after July 1, 1987, would be a citizen by birth only if at the time of their birth, either of their parents was a citizen of India. This introduced a partial jus sanguinis (right of blood) element.
  • On or after December 3, 2004: The Citizenship (Amendment) Act, 2003, further tightened the provisions. For a person born in India on or after December 3, 2004, to be considered an Indian citizen by birth, both of their parents must be citizens of India, or one of the parents must be a citizen of India and the other must not be an illegal migrant at the time of birth. This stringent condition aims to prevent children of illegal migrants from acquiring Indian citizenship by birth. This amendment reflects a more comprehensive shift towards jus sanguinis, prioritizing parental citizenship over mere territorial birth, especially in light of border security concerns.

Citizenship by Descent (Jus Sanguinis)

This principle, jus sanguinis, confers citizenship based on the nationality of the parents, regardless of the place of birth. This mode of acquisition is particularly relevant for children born outside India to Indian parents.

  • Prior to December 3, 2004: A person born outside India on or after January 26, 1950, but before December 3, 2004, was a citizen of India by descent if their father was an Indian citizen at the time of their birth. The Citizenship (Amendment) Act, 1992, subsequently removed the gender bias by stating that if either parent was an Indian citizen at the time of birth, the child would be a citizen by descent.
  • On or after December 3, 2004: The 2003 amendment introduced additional requirements. A person born outside India on or after December 3, 2004, is considered an Indian citizen by descent only if their birth is registered at an Indian consulate within one year of the date of birth, or with the permission of the Central Government after the expiry of the said period. An undertaking that the minor child does not possess the citizenship of another country is also required. This measure was introduced to ensure proper record-keeping and to curb dual nationality for those born abroad.

Citizenship by Registration

The Central Government may register a person as a citizen of India if they belong to certain categories and fulfill specific conditions. This method is available to a diverse group of individuals with existing connections to India. The conditions for registration typically include a period of ordinary residence in India and an oath of allegiance.

The categories eligible for citizenship by registration include:

  1. Persons of Indian Origin (PIOs) ordinarily resident in India: For seven years immediately before making an application for registration.
  2. PIOs ordinarily resident in any country outside undivided India: This category caters to those who trace their ancestry to areas that were part of undivided India before its partition.
  3. Persons who are married to an Indian citizen: And have been ordinarily resident in India for seven years immediately before making an application. This provision facilitates family reunification.
  4. Minor children of persons who are citizens of India: This allows children of existing citizens to acquire citizenship, often without a long residency requirement.
  5. Persons of full age and capacity whose parents are registered as citizens of India: This allows adult children of registered citizens to also acquire citizenship.
  6. Persons of full age and capacity who, or either of their parents, were earlier citizens of independent India: And have been ordinarily resident in India for one year immediately before making an application. This provides a pathway for those with a direct lineage to independent India.
  7. Persons of full age and capacity who are registered as an Overseas Citizen of India (OCI) Cardholder: For five years, and who have been ordinarily resident in India for twelve months before making the application. This was added by the 2015 amendment, creating a path for OCIs to acquire full citizenship if desired, albeit with a significant waiting period.

Applicants for registration must take an oath of allegiance, affirming their loyalty to the Constitution of India.

Citizenship by Naturalization

Naturalization is a process by which a foreign national can voluntarily become a citizen of India after fulfilling certain statutory requirements. This method is generally for individuals who have no ancestral ties to India but wish to become part of the nation. The conditions for naturalization are more stringent compared to other methods:

  1. Not a citizen of a country where Indian citizens are prevented from becoming citizens by naturalization.
  2. Has renounced the citizenship of their country of origin (if they possess any).
  3. Has either resided in India or served the Government of India or partly the one and partly the other throughout the period of twelve months immediately preceding the date of the application.
  4. Has during the fourteen years immediately preceding the said period of twelve months, been resident in India or served the Government of India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years. This implies a significant cumulative period of presence in India.
  5. Is of good character.
  6. Has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution. This ensures cultural integration and communication ease.
  7. Intends to reside in India, or to enter into or continue in government service or service under a public company or a body or society established in India.

The Central Government has the discretionary power to waive some or all of these conditions (except the first two) if the applicant has rendered distinguished service to the cause of science, philosophy, art, literature, world peace, or human progress. This provision allows the government to grant citizenship to exceptional individuals who can contribute significantly to the nation.

Citizenship by Incorporation of Territory

When any foreign territory becomes a part of India, the Government of India may, by order, specify the persons who shall be citizens of India from a specified date. This provision ensures that the inhabitants of newly acquired territories are seamlessly integrated into the national fabric. Historical examples include the integration of Pondicherry (Puducherry) and Goa into the Indian Union, where their residents were conferred Indian citizenship through specific orders. The Citizenship (Pondicherry) Order, 1962, and the Dadra and Nagar Haveli Act, 1961, are examples of such provisions.

Citizenship Amendment Act (CAA), 2019

While not a new mode of acquisition, the Citizenship Amendment Act, 2019, significantly modified the criteria for naturalization for a specific group of people. The CAA provides a pathway to Indian citizenship for religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) who have fled persecution from Pakistan, Bangladesh, and Afghanistan and entered India on or before December 31, 2014. The Act aims to offer protection to these persecuted minorities, exempting them from being considered “illegal migrants” under the Passport (Entry into India) Act, 1920, and the Foreigners Act, 1946. For these specified groups, the requirement of residing in India for eleven years for naturalization is reduced to five years. The Act has been highly controversial due to its exclusion of Muslims from its purview, leading to widespread protests and legal challenges on grounds of violating the secular principles of the Indian Constitution. It also exempts tribal areas of Assam, Meghalaya, Mizoram, and Tripura, and areas under the ‘Inner Line Permit’ system from its application.

Loss of Indian Citizenship

The Citizenship Act, 1955, also prescribes three ways in which an Indian citizen can lose their citizenship: by renunciation, by termination, and by deprivation. These provisions reflect India’s policy of single citizenship and its sovereign right to control who constitutes its citizenry.

Loss by Renunciation

Renunciation is a voluntary act by which a person gives up their Indian citizenship. Any citizen of India of full age and capacity can make a declaration renouncing their Indian citizenship.

Key aspects of renunciation:

  • Voluntary Declaration: The individual must explicitly declare their intention to renounce citizenship in the prescribed manner.
  • Full Age and Capacity: The individual must be an adult and of sound mind.
  • During War: If India is engaged in a war, such a declaration may be withheld by the Central Government. This provision is a safeguard against actions that could potentially harm national interests during conflict.
  • Effect on Minor Children: When a person renounces Indian citizenship, every minor child of that person also ceases to be an Indian citizen. However, such a child may, within one year of attaining full age (18 years), resume Indian citizenship by making a declaration of their intention to do so. This offers a chance for the child to choose their nationality upon reaching maturity.

Loss by Termination (Automatic)

Termination of citizenship occurs automatically when an Indian citizen voluntarily acquires the citizenship of another country. This provision is a direct consequence of India’s policy of single citizenship.

  • Voluntary Acquisition: The acquisition of foreign citizenship must be voluntary. If a person is compelled to acquire foreign citizenship under the laws of a foreign country (e.g., a child born in a country that automatically confers citizenship by birth), this provision may not immediately apply until the individual takes some affirmative step to confirm or retain that foreign citizenship upon attaining majority.
  • Exceptions: This provision generally does not apply in times of war, where the Central Government may suspend its operation to prevent mass loss of Indian citizens during conflict.
  • Irreversibility: Once citizenship is terminated under this provision, the individual ceases to be an Indian citizen and cannot simultaneously hold both Indian and foreign citizenship. This is why OCI status was introduced, to provide certain benefits to persons of Indian origin without granting them full citizenship.

Loss by Deprivation (Involuntary)

Deprivation is a compulsory termination of Indian citizenship by order of the Central Government. Unlike renunciation or termination, deprivation is not voluntary and is usually a punitive measure. This provision primarily applies to citizens who acquired their citizenship through registration or naturalization, not typically to those who acquired it by birth or descent, unless their acquisition was based on fraud.

The Central Government can deprive a person of their Indian citizenship on the following grounds:

  1. Fraud, False Representation, or Concealment of Material Fact: If the registration or naturalization was obtained through deceit or by withholding crucial information.
  2. Disloyalty or Disaffection towards the Constitution: If the citizen has shown by act or speech any disloyalty or disaffection towards the Constitution of India. This is a serious ground, implying a breach of the fundamental allegiance expected of a citizen.
  3. Unlawful Trade or Communication with Enemy during War: If the citizen has, during any war in which India is engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy.
  4. Imprisonment for Two Years or More within Five Years of Acquisition: If the citizen has, within five years after registration or naturalization, been sentenced to imprisonment in any country for a term of not less than two years. This suggests a pattern of criminal behavior that might indicate unsuitability for citizenship.
  5. Ordinary Residence Outside India for Seven Years Continuously: If the citizen has been ordinarily resident out of India for a continuous period of seven years, unless during this period they have been on Government service or have been a student of any educational institution or have registered annually at an Indian consulate their intention to retain Indian citizenship. This aims to ensure that naturalized citizens maintain a substantive connection with India.

Before issuing an order of deprivation, the Central Government must serve a notice to the individual, informing them of the grounds for deprivation and giving them an opportunity to present their case. The matter is then referred to a Committee of Inquiry, presided over by a High Court Judge, which conducts an inquiry and submits a report to the Central Government. The government typically acts in accordance with this report, ensuring a degree of judicial oversight and due process.

Overseas Citizen of India (OCI) Cardholder Status

While India does not permit dual citizenship, it introduced the concept of “Overseas Citizen of India” (OCI) status in 2005 through an amendment to the Citizenship Act, 1955. This status is designed to offer certain benefits and privileges to foreign citizens of Indian origin, allowing them to maintain a connection with their ancestral land without acquiring full Indian citizenship.

Eligibility for OCI Status:

  • Any person of Indian origin (except citizens of Pakistan or Bangladesh) who was a citizen of India on or after January 26, 1950.
  • Was eligible to become a citizen of India on January 26, 1950.
  • Belonged to a territory that became part of India after August 15, 1947.
  • Is a child or grandchild or great-grandchild of such a person.
  • A minor child whose parents are Indian citizens or OCI cardholders.
  • Spouse of foreign origin of a citizen of India or an OCI cardholder, provided the marriage has been registered and subsisted for a continuous period of not less than two years.

Benefits of OCI Status:

  • Multi-purpose, life-long visa for visiting India for any purpose.
  • Exemption from registration with the Foreigners Regional Registration Officer (FRRO) for any length of stay in India.
  • Parity with Non-Resident Indians (NRIs) in respect of all facilities available to them in economic, financial, and educational fields, except in matters relating to the acquisition of agricultural or plantation properties.
  • Parity with Indian nationals in the matter of entry fee to national parks, wildlife sanctuaries, and national monuments.
  • Can apply for various permits (e.g., Protected Area Permit) on a parity with Indian citizens.

Restrictions on OCI Status:

  • OCI cardholders are not citizens of India and do not have the right to vote.
  • They are not eligible for election to the Lok Sabha, Rajya Sabha, Legislative Assembly, or Legislative Council.
  • They cannot hold constitutional posts such as President, Vice-President, Judge of the Supreme Court or High Court, etc.
  • They cannot acquire agricultural or plantation properties.
  • They cannot undertake certain sensitive activities without prior permission from the government.

Cancellation of OCI Status:

The Central Government can cancel the OCI registration if:

  • It was obtained by fraud, false representation, or concealment of any material fact.
  • The OCI cardholder has shown disaffection towards the Constitution of India.
  • The OCI cardholder has engaged in any unlawful trade or communication with an enemy during a war in which India is engaged.
  • The OCI cardholder has been sentenced to imprisonment for a term of not less than two years within five years of their registration as an OCI cardholder.
  • It is necessary to do so in the interests of the sovereignty and integrity of India, the security of India, friendly relations with any foreign country, or in the interests of the general public.
  • The marriage of an OCI cardholder spouse has been dissolved or they have entered into another marriage.

The provisions for the acquisition and loss of Indian citizenship are comprehensive, reflecting a careful balance between historical lineage, territorial connection, personal choice, and national security imperatives. The Citizenship Act, 1955, and its subsequent amendments, including the pivotal changes introduced in 1986, 2003, and 2019, have progressively refined the criteria for becoming an Indian citizen, moving from a more inclusive jus soli approach to one that increasingly emphasizes parental lineage and a stricter vetting process, particularly in the context of curbing illegal immigration.

The mechanisms for losing citizenship—renunciation, termination, and deprivation—underscore India’s firm commitment to the principle of single citizenship, ensuring that allegiance is undivided. While renunciation offers a voluntary exit, termination acts as an automatic consequence of acquiring foreign nationality, and deprivation serves as a governmental prerogative to revoke citizenship under specific conditions of misconduct or lack of genuine connection to the nation. The introduction of the Overseas Citizen of India (OCI) status further highlights India’s nuanced approach, recognizing the diaspora’s connection to their roots while upholding the principle of single citizenship for residents. This evolving legal framework demonstrates India’s dynamic response to demographic shifts, geopolitical realities, and the fundamental importance of defining who belongs to the nation, thereby shaping its identity and safeguarding its interests.