The concept of citizenship lies at the heart of every modern state. It establishes the relationship between the individual and the state, conferring upon individuals certain rights and privileges while imposing corresponding duties and obligations. In the Indian context, the concept of citizenship assumes special significance, as it forms the basis of national identity, unity, and constitutional rights. The framers of the Indian Constitution carefully drafted the provisions relating to citizenship, keeping in mind the country’s unique historical circumstances, especially the partition of 1947, which left millions displaced and stateless. The provisions relating to citizenship are contained in Part II of the Constitution of India, encompassing Articles 5 to 11. These provisions, read with subsequent legislation such as the Citizenship Act, 1955, and its amendments, define the framework for acquiring, terminating, and determining Indian citizenship.

Citizenship under the Indian Constitution is not merely a legal status but also a moral and political bond between the individual and the nation. It signifies membership in the Indian polity and provides access to the fundamental rights guaranteed under Part III of the Constitution. Unlike foreigners or aliens, who enjoy limited legal protection, Indian citizens are entitled to a wide range of civil, political, and economic rights. At the same time, citizenship entails duties towards the nation as enshrined under Article 51A, which outlines the fundamental duties of citizens.

Historical Background and Constitutional Debates

The issue of citizenship was one of the most sensitive and complex matters before the Constituent Assembly of India. The division of British India into India and Pakistan in 1947 created unprecedented challenges of nationality and identity. Millions of people migrated across the newly drawn borders, and questions arose as to who would qualify as an Indian citizen. The Constituent Assembly debated these issues extensively before finalizing the provisions in Part II of the Constitution.

During the debates, Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, emphasized that citizenship provisions in the Constitution were intended to provide immediate recognition of Indian citizens at the commencement of the Constitution. The Constituent Assembly was conscious of the fact that the situation in 1947–1949 was fluid due to mass migrations and political turmoil. Therefore, while Articles 5 to 10 dealt with citizenship at the commencement of the Constitution, Article 11 empowered Parliament to enact laws regulating citizenship in the future. This ensured flexibility and allowed the legislature to address changing social and political conditions.

The framers rejected the idea of dual citizenship within India’s federal framework, opting instead for a single citizenship for all Indians. This was inspired by the British model, in contrast to the American system, which provides for dual citizenship at both the federal and state levels. The decision to adopt single citizenship was based on the vision of national unity and the desire to avoid regionalism or dual loyalties. Consequently, every Indian citizen owes allegiance to the Union of India and enjoys uniform rights across the country, irrespective of the state of residence.

Constitutional Provisions on Citizenship

The provisions regarding citizenship are contained in Articles 5 to 11 of the Indian Constitution. These articles collectively define who were citizens of India at the commencement of the Constitution on January 26, 1950, and empower Parliament to regulate citizenship thereafter.

Article 5 lays down the general rule regarding citizenship at the commencement of the Constitution. It provides that every person who has his domicile in the territory of India and who was either born in India, or whose parents were born in India, or who had been ordinarily resident in India for not less than five years immediately before the commencement of the Constitution, shall be deemed to be a citizen of India. The emphasis on domicile indicates the intention of the framers to exclude mere temporary residents or those without a permanent home in India.

Article 6 deals with the rights of citizenship of certain persons who migrated to India from Pakistan. It provides that a person who migrated to India before July 19, 1948, shall be deemed to be a citizen if he or either of his parents or grandparents was born in India, provided he has been ordinarily resident in India since his migration. For those who migrated after July 19, 1948, citizenship was contingent upon registration with the Government of India. This distinction was made to regulate post-partition migration and prevent an influx of people without effective ties to India.

Article 7 addresses the situation of persons who migrated from India to Pakistan after March 1, 1947. Such persons were generally not recognized as Indian citizens unless they returned to India under a permit for resettlement or permanent return issued by Indian authorities. This provision reflects the political and demographic realities of the partition, ensuring that allegiance to the Indian state remained clear and undivided.

Article 8 provides for the rights of citizenship of certain persons of Indian origin residing outside India. It states that any person of Indian origin who was residing outside India at the commencement of the Constitution shall be deemed to be a citizen of India if he has registered as such with an Indian diplomatic or consular representative. This provision was designed to preserve links with the Indian diaspora who had settled abroad during colonial times but wished to retain their Indian nationality.

Article 9 provides that no person shall be a citizen of India if he has voluntarily acquired the citizenship of any foreign state. This article introduced the principle of exclusive nationality, prohibiting dual citizenship. The rationale behind this provision is that citizenship implies complete political allegiance to one state, and divided loyalty cannot coexist with national integrity.

Article 10 clarifies that every person who is or is deemed to be a citizen under the foregoing provisions shall continue to be such subject to any law made by Parliament. This indicates that citizenship under the Constitution is not absolute and can be modified or regulated through legislation.

Finally, Article 11 grants Parliament the power to make laws concerning the acquisition, termination, and all other matters relating to citizenship. It was under this article that the Citizenship Act, 1955 was enacted, forming the principal statutory framework governing citizenship in India.

The Citizenship Act, 1955 and Its Provisions

The Citizenship Act, 1955, enacted by Parliament under Article 11, provides the detailed procedures and conditions for acquiring and losing Indian citizenship. The Act has been amended several times to reflect evolving political realities and policy objectives, notably in 1986, 1992, 2003, 2005, 2015, and 2019. It deals with the acquisition of citizenship by birth, descent, registration, and naturalization, and with the termination and deprivation of citizenship.

Under the Act, a person may become an Indian citizen by birth, if born in India on or after January 26, 1950, but before July 1, 1987. Those born after this period are subject to additional conditions relating to the citizenship of parents. For instance, after the 1986 amendment, at least one parent must be an Indian citizen at the time of the birth. The Citizenship (Amendment) Act, 2003, further restricted this by providing that if either parent is an illegal migrant, the child is not entitled to citizenship by birth.

Citizenship by descent applies to persons born outside India to Indian parents. Initially, a person born abroad could claim citizenship if his father was an Indian citizen. Later amendments extended this to cases where either parent was an Indian citizen, provided the birth was registered at an Indian consulate within one year.

Citizenship by registration is available to certain categories of persons, such as those of Indian origin residing in India or abroad, persons married to Indian citizens, or minors whose parents are Indian citizens. Citizenship by naturalization may be granted to foreign nationals who have resided in India for a prescribed period and have demonstrated good character and knowledge of Indian culture and language. This route is typically used for long-term residents seeking Indian nationality.

The Act also provides for the termination of citizenship. Citizenship can be renounced voluntarily by an Indian citizen who wishes to acquire foreign nationality. It can also be terminated automatically if a citizen voluntarily acquires the citizenship of another country. Additionally, citizenship may be deprived by the Government of India if it was obtained by fraud, false representation, or concealment of material facts, or if the person has shown disloyalty to the Constitution or engaged in activities against the interests of India.

The Citizenship (Amendment) Act, 2019: A Contemporary Development

One of the most significant and debated amendments to the Citizenship Act came through the Citizenship (Amendment) Act, 2019 (CAA). The CAA introduced religion-based criteria for granting Indian citizenship to certain categories of illegal migrants. It provides that members of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Afghanistan, Bangladesh, or Pakistan, who entered India before December 31, 2014, shall not be treated as illegal migrants and may apply for Indian citizenship by naturalization. The Act reduces the residence requirement for such applicants from eleven years to five years.

The CAA sparked intense debate across the country. Supporters argued that it provides humanitarian relief to persecuted minorities from neighboring countries with state religions. Critics, however, contended that it violates the secular character of the Indian Constitution by excluding Muslims and thereby introducing a religious test for citizenship. Several petitions challenging the constitutionality of the Act were filed in the Supreme Court, arguing that it contravenes Articles 14 and 21 of the Constitution, which guarantee equality before the law and the right to life and liberty.

The CAA also attracted international attention, with human rights groups and foreign governments expressing concern over its implications for secularism and minority rights. The government, however, defended the legislation as consistent with India’s civilizational ethos and as a measure to protect victims of religious persecution. The Supreme Court’s final determination on the constitutional validity of the CAA remains awaited, and the matter continues to be a topic of significant legal and political discourse.

Concept of Single Citizenship

One of the defining features of Indian citizenship is the concept of single citizenship. Unlike the federal systems in countries like the United States, where citizens have dual citizenship—one at the federal level and another at the state level—India provides for a single citizenship for all its people. This means that every Indian is a citizen of India, regardless of the state or union territory to which they belong.

The rationale behind single citizenship is to promote national integration and prevent parochialism. The framers of the Constitution believed that dual citizenship could foster regional loyalties and threaten the unity of the nation. Therefore, while India’s political system is federal, its citizenship structure is unitary. Every Indian citizen enjoys the same rights and responsibilities across the country, ensuring equality and uniformity.

Overseas Citizenship of India (OCI) and Persons of Indian Origin (PIO)

Recognizing the growing importance of the Indian diaspora, the Government of India introduced the concept of Overseas Citizenship of India (OCI) through the Citizenship (Amendment) Act, 2005. OCI status is granted to persons of Indian origin who are citizens of other countries, except Pakistan and Bangladesh. It provides certain privileges, such as multiple entry and lifelong visas for visiting India, and exemption from registration with the Foreigners Regional Registration Office.

OCI is, however, not the same as dual citizenship. OCI cardholders do not have political rights, such as voting or holding public office, nor can they acquire agricultural property in India. The Persons of Indian Origin (PIO) card scheme, which existed earlier, was merged with the OCI scheme in 2015 to simplify the system.

The OCI scheme serves as a bridge between India and its global diaspora, enabling individuals of Indian origin to maintain cultural and economic ties with their ancestral land while residing abroad. It also contributes to foreign investment and global collaboration by strengthening India’s connections with the Indian community overseas.

Loss and Deprivation of Citizenship

The Constitution and the Citizenship Act recognize that citizenship may be lost in certain circumstances. A person may voluntarily renounce Indian citizenship by making a declaration to that effect. Upon renunciation, any minor child of the person automatically loses citizenship but may resume it upon attaining majority. Citizenship is also automatically terminated when a person voluntarily acquires the citizenship of another country. This reflects the principle that Indian law does not recognize dual nationality.

Further, the Government of India may deprive a person of citizenship if it has been obtained by fraud or false representation, or if the person has shown disloyalty to India, engaged in acts of treason, or has been sentenced to imprisonment for a serious offence. Such deprivation must be carried out following due process, ensuring that the individual is given a fair opportunity to be heard.

Citizenship and Fundamental Rights

Citizenship plays a crucial role in determining the scope of fundamental rights available under the Indian Constitution. While some rights, such as the right to equality before law under Article 14 and the right to life and personal liberty under Article 21, are available to all persons, other rights are reserved exclusively for citizens. These include the right to equality of opportunity in matters of public employment (Article 16), right to freedom of speech and expression (Article 19), right to vote, and right to hold constitutional offices. Thus, citizenship serves as the gateway to full participation in India’s democratic and constitutional processes.

Citizenship also entails certain responsibilities. Under Article 51A, citizens are expected to abide by the Constitution, respect the national symbols, promote harmony, protect the environment, and contribute to national development. The balance of rights and duties underscores the reciprocal nature of citizenship in India.

Judicial Interpretation and Landmark Cases

The judiciary has played an important role in interpreting and enforcing citizenship laws. In State of Bihar v. Kumar Amar Singh (1955), the Supreme Court held that the determination of citizenship is a question of fact based on domicile and intention to reside permanently in India. In Izhar Ahmad Khan v. Union of India (1962), the Court ruled that persons who migrated to Pakistan and later returned to India without proper permits could not claim Indian citizenship. The Court emphasized that allegiance to the Indian state is an essential element of citizenship.

In Abdul Salam v. Union of India (2000), the Kerala High Court observed that the right to citizenship is subject to the provisions of law made by Parliament and cannot be claimed as an absolute constitutional right. The judiciary has also examined the constitutional validity of the Citizenship (Amendment) Act, 2019, which remains pending before the Supreme Court. These cases reflect the dynamic and evolving nature of citizenship jurisprudence in India.

Conclusion

Citizenship under the Indian Constitution represents much more than a legal identity; it embodies the ideals of unity, equality, and democratic participation. The framers of the Constitution designed the provisions on citizenship with great foresight, balancing inclusivity with national integrity. Over the decades, the legal framework has evolved to address the challenges of migration, globalization, and changing political realities, while remaining anchored to constitutional principles.

The Indian model of citizenship emphasizes unity in diversity through the concept of single citizenship, ensuring that every Indian is equal before the law irrespective of regional, linguistic, or religious differences. The evolution of the Citizenship Act, 1955, and its amendments reflects India’s ongoing efforts to manage complex demographic and humanitarian issues. While debates such as those surrounding the Citizenship (Amendment) Act, 2019, highlight the tensions between inclusion and identity, they also demonstrate the strength of India’s democratic institutions and constitutional dialogue.

In a world increasingly defined by migration and transnational identities, citizenship continues to be both a marker of belonging and a source of rights. In India, it stands as a symbol of constitutional democracy, embodying the collective aspiration of over a billion people to live in liberty, equality, and fraternity. The doctrine of citizenship thus remains one of the most profound expressions of India’s commitment to its constitutional values and to the idea of a united, democratic, and secular republic