Introduction

Citizenship defines the legal relationship between a person and a country.
A citizen enjoys full civil and political rights but must also follow duties.
In India, citizenship is regulated by the Constitution and laws made by Parliament.

Meaning / Definition

Citizenship means being a full member of a State with rights like voting, freedom, and participation in government.

A citizen enjoys rights such as equality, freedom of speech, and opportunity in public employment.
A non-citizen (alien) does not enjoy all these rights.

Modes or Types

Constitutional Provisions (Articles 5–11)

• The Constitution defines who were citizens on 26 January 1950
• Parliament has power to make citizenship laws under Article 11
• The Citizenship Act, 1955 governs citizenship in India

Citizenship at the Commencement of Constitution

Citizenship by Domicile (Article 5)

• A person is a citizen if:

  • Born in India, or
  • Parent born in India, or
  • Resident in India for 5 years before Constitution

• Domicile means permanent home with intention to stay

Citizenship of Migrants from Pakistan (Article 6)

• Before 19 July 1948 → Citizen if resident in India
• After 19 July 1948 → Must register after 6 months residence

Citizenship of Migrants to Pakistan (Article 7)

• Persons who migrated to Pakistan lost citizenship
• Can regain it if they return with permit and register

Citizenship of Persons Abroad (Article 8)

• Persons of Indian origin living abroad can register as citizens

Loss of Citizenship (Articles 9–10)

• No dual citizenship allowed
• Citizenship can be removed by law

Citizenship under the Citizenship Act, 1955

Citizenship by Birth

• Before 1 July 1987 → Citizenship by birth alone
• After 1987 → One parent must be Indian
• After 2004 → One parent Indian + other not illegal migrant

Citizenship by Descent

• Born outside India → Citizenship based on parents
• Conditions vary based on date of birth

Citizenship by Registration

• For persons living in India for 7 years
• Includes:
  • Spouse of Indian citizen
  • Minor children
  • Overseas Citizen of India (OCI)

Citizenship by Naturalisation

• Foreign person can apply after:
  • 12 months continuous stay
  • 11 years total stay in last 14 years

Citizenship by Incorporation of Territory

• When a new area becomes part of India
• Government decides citizenship

Overseas Citizenship of India (OCI)

• Not equal to full citizenship (no political rights)
• No right to vote or hold public office
• Provides benefits like lifelong visa and economic rights

Termination of Citizenship

Renunciation

• Voluntary giving up of citizenship

Termination

• Automatically lost when acquiring foreign citizenship

Deprivation

• Government removes citizenship due to:
  • Fraud
  • Disloyalty
  • Acting against public interest

Important Case Law

State of Bihar v. Kumar Amar Singh

• Article 7 overrides Article 5
• Migration to Pakistan affects citizenship strictly

Pradeep Jain v. Union of India

• India has only one domicile
• Residence within India does not change domicile

Louis De Raedt v. Union of India

• Domicile requires intention to stay permanently

State Trading Corporation v. CTO

• Company is not a citizen

Bennett Coleman Case

• Shareholders’ rights protected under Article 19

Distinction / Comparison

Citizen vs Non-Citizen (Alien)

• Citizen:

  • Full civil and political rights
  • Can vote and hold public office

• Non-Citizen:

  • Limited rights (e.g., right to life under Article 21)
  • Cannot vote or hold key offices

Citizen vs OCI

• Citizen:

  • Full rights including voting and government jobs

• OCI:

  • No political rights
  • Only limited economic and travel benefits

Practical Example

A person born in India after 2004 will be a citizen only if at least one parent is Indian and the other is not an illegal migrant.

Similarly, a foreigner living in India for many years can apply for citizenship through naturalisation.

Summary

• Citizenship gives full membership of a State with rights and duties
• Constitution (Articles 5–11) defines initial citizenship
• Citizenship Act, 1955 governs acquisition and loss
• Citizenship can be acquired by birth, descent, registration, naturalisation, or territory
• OCI is not full citizenship and has no political rights
• Citizenship can be lost by renunciation, termination, or deprivation
• Citizens enjoy more rights than non-citizens