Citizenship

The Constitution of India only defines who became citizens at its commencement (26 January 1950).
It does not deal with the acquisition or loss of citizenship after commencement → This is governed by the Citizenship Act, 1955.

Article 5 → A person having domicile in India and fulfilling any of the three conditions:
1. Born in India.
2. Either parent was born in India.
3. Ordinarily resident in India for at least 5 years before commencement of the Constitution.
Article 6 → Migrants from Pakistan to India (either parent or grandparent born in undivided India):
- Before 19 July 1948 → Became a citizen if continuously resident in India.
- After 19 July 1948 → Had to register as a citizen and be resident for 6 months before registration.
Article 7 → Migrants from India to Pakistan (After 1 March 1947):
- If they later returned to India and were resident for 6 months, they could apply for citizenship.
Article 8 → Overseas Indians:
- A person born outside India (or with parents/grandparents born in undivided India) commonly residing abroad could register as an Indian citizen.
Article 9 → A person loses Indian citizenship if they voluntarily acquire citizenship of another country.
Article 11 → Empowers Parliament to make laws regarding citizenship.

Citizenship Act, 1955

Initially provided for Commonwealth Citizenship, but this provision was repealed in 2003.
Prescribes five modes of acquiring citizenship:

26 Jan 1950 – 1 July 1987 → Citizenship granted irrespective of parents’ nationality.
1 July 1987 – 3 Dec 2004 → At least one parent must be an Indian citizen.
After 3 Dec 2004 → Both parents or at least one parent must be an Indian citizen, and the other should not be an illegal migrant.

26 Jan 1950 – 10 Dec 1992 → Only if father was an Indian citizen.
10 Dec 1992 – 3 Dec 2004 → Either father or mother must be an Indian citizen.
After 3 Dec 2004 → Birth must be registered within one year at an Indian consulate.

Person of Indian Origin (PIO) residing in India for 7 years.
Spouse of an Indian citizen if ordinarily resident in India for 7 years.

Resided in India throughout the 12 months before application.
During the preceding 14 years, resided in India for at least 11 years.
Must have adequate knowledge of any language listed in the 8th Schedule.
Government can waive any condition in special cases.
Special provision for Assam Accord (Section 6A, Citizenship Act, 1955):
- Before 1 Jan 1966 → Automatically became a citizen if ordinarily resident since migration.
- Between 1 Jan 1966 – 25 March 1971 → Eligible for citizenship after registration.
- After 25 March 1971 → Deported.

If any foreign territory becomes part of India, the Government of India determines citizenship.
Not available to individuals.

Non-Resident Indian (NRI) → Defined under Section 6 of the Income Tax Act, 1961 as:
- Residing in India for less than 182 days in a financial year.
- Or residing for less than 365 days in the past 4 years combined.
Enemy Alien → A citizen of a country at war with India or an Indian citizen residing in or trading with such a state.

Renunciation → Voluntary surrender of Indian citizenship.
Termination → Automatic loss if a person acquires citizenship of another country.
Deprivation (Forced cancellation by the Government):
- Citizenship obtained by fraud or disloyalty to the Constitution.
- Unlawful trade or communication with the enemy during wartime.
- If within 5 years of naturalization or registration, the person is imprisoned for 2 years in any country.
- Ordinarily residing outside India for 7 years continuously (Exceptions: Students, Government employees, or those registered annually at an Indian consulate).