SSC GK GS Indian Citizenship, Key Concepts by Aditya Sir

Indian Citizenship, defined in Part II, Articles 5-11 of the Constitution, establishes who is an Indian citizen. India follows Single Citizenship. Citizenship can be acquired by birth, descent, registration, naturalization, or territory incorporation. 

Indian Citizenship can be lost through renunciation, termination, or deprivation. The Citizenship Act, 1955, and its amendments, including the 2019 Act, further regulate these provisions, granting Parliament significant authority. Here, Aditya Sir explains Indian Citizenship for the SSC exam’s GK GS subject.

Indian Citizenship: An Introduction

Citizenship is a foundational concept within the Indian Constitution, defining an individual's legal membership in the state and their corresponding rights and duties. The constitutional provisions for citizenship are detailed in Part II of the Indian Constitution, spanning from Article 5 to Article 11. 

While these articles establish the basic framework, the specific rules and procedures are largely governed by laws enacted by the Indian Parliament.

Constitutional Framework on Citizenship: Articles 5-11

The Indian Constitution provides an initial blueprint for citizenship through the following articles:

• Article 5: Addresses citizenship at the commencement of the Constitution, focusing on individuals domiciled in India when the Constitution took effect.

• Article 6: Covers citizenship rights for individuals who migrated to India from Pakistan before a specified cut-off date (e.g., 26th January 1950, for those from undivided India).

• Article 7: Pertains to the citizenship of individuals who initially migrated to Pakistan from India but later returned.

• Article 8: Outlines citizenship rights for persons of Indian origin residing outside India.

• Article 9: Declares that any person who voluntarily acquires the citizenship of a foreign state automatically ceases to be an Indian citizen.

• Article 10: Ensures the continuance of the rights of citizenship, clarifying that these rights are subject to laws made by Parliament.

• Article 11: Crucially, empowers the Parliament to regulate the right of citizenship by law. This grants Parliament the exclusive authority to make provisions for the acquisition and termination of citizenship.

Core Principles of Indian Citizenship

The Indian Constitution establishes a system of Single Citizenship (एकल नागरिकता). This means an individual is a citizen of India as a whole, not of any particular state within India, fostering a sense of national unity. This principle was adopted from Britain. 

This stands in contrast to countries like the United States of America (USA), which follows a system of Dual Citizenship, where a person holds citizenship both at the federal (national) level and the state level.

Acquiring Indian Citizenship

Indian citizenship can be acquired through several distinct methods, as defined by law:

1. By Birth (जन्म से): Any person born in India on or after 26th January 1950 is generally considered a citizen of India by birth.

2. By Descent (वंशानुगत): Citizenship can be claimed if one's parents or ancestors were Indian citizens, even if the person was born outside India, subject to specific legal procedures.

3. By Registration (आवेदन द्वारा): Individuals can acquire citizenship by registering with the prescribed authorities after fulfilling certain conditions.

4. By Naturalization (देशीकरण से): A foreigner can acquire Indian citizenship through naturalization. For instance, a foreign spouse marrying an Indian citizen may apply for citizenship after residing in India for a significant period. The law typically requires at least 7 years of residency, with the final year before application consisting of 12 continuous months of stay in India.

5. By Incorporation of Territory (किसी भूभाग के सम्मिलित होने पर): If a new territory becomes part of India, its residents automatically become Indian citizens. The integration of Sikkim into India is a historical example of this.

When Indian Citizenship is Lost?

An individual's Indian citizenship can be terminated under specific circumstances:

1. By Renunciation (त्यागने पर): An Indian citizen can voluntarily give up their citizenship by formally declaring their intention.

2. By Termination (पर्यावसान पर): If an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship is automatically terminated.

3. By Deprivation (वंचित किए जाने पर): The government can deprive a person of their citizenship, particularly if they are found guilty of treason (देशद्रोह का अपराध सिद्ध होने पर).

Additionally, citizenship can be lost if a person continuously resides outside India for 7 years. It is important to note that merely marrying a citizen of another country does not automatically lead to the loss of Indian citizenship. Furthermore, citizenship cannot be revoked during an election, a state of emergency, or a war.

The Citizenship Act, 1955, and Its Amendments

While the Constitution lays down the foundational articles, the comprehensive details regarding the acquisition and loss of citizenship are primarily governed by The Citizenship Act of 1955. This Act has undergone several amendments to adapt to changing circumstances. Key amendment years include 1957, 1986, 1992, 2003, 2005, 2015, and the most recent in 2019.

A particularly significant amendment in 2003, based on the recommendations of the Laxmi Mal Singhvi Report, introduced the concept of Overseas Citizenship of India (OCI), also known as samudrapariya nagrikta. Initially, this provision excluded citizens of Pakistan and Bangladesh, but subsequent amendments in 2015 and 2019 modified these conditions.

The Citizenship (Amendment) Act, 2019, aimed to grant Indian citizenship to persecuted minority groups from Afghanistan, Bangladesh, and Pakistan. This act specifically covers Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who are identified as minorities in these Muslim-majority nations.

Rights for Citizens vs. Non-Citizens

The Indian Constitution grants certain rights and privileges exclusively to its citizens:

Rights Exclusive to Indian Citizens

• Eligibility for certain public offices.

• Right to become a Member of Parliament or a State Legislature.

• Specific Fundamental Rights, such as those guaranteed under Article 15 (prohibition of discrimination), Article 16 (equality of opportunity in public employment), and Article 19 (freedoms of speech, assembly, movement, etc.).

Rights of a Foreign Citizen in India

Foreign nationals in India cannot claim the full scope of rights available to citizens. For example, they cannot claim the Right to Freedom of Trade and Profession (guaranteed under Article 19(1)), as granting this broadly could potentially infringe upon the freedoms of Indian citizens. However, foreign nationals are entitled to other fundamental rights, including:

• Right to Equality Before the Law.

• Right to Life and Personal Liberty.

• Right to Freedom of Religion.

Authority to Regulate Citizenship

In India, the Parliament is the competent authority that determines the conditions for acquiring and terminating citizenship. This power is explicitly granted to Parliament by Article 11 of the Constitution, allowing it to make any provision concerning citizenship matters.