I. Introduction

Citizenship constitutes the formal legal bond between an individual and the State. It signifies full membership in a political community and determines the scope of civil, political, and constitutional rights available to a person. In India, citizenship is not merely a matter of political identity; it directly affects the enjoyment of certain fundamental rights guaranteed under Part III of the Constitution. Rights such as equality of opportunity in public employment (Article 16), freedoms under Article 19, and minority cultural rights under Articles 29 and 30 are confined exclusively to citizens.

Unlike the United States, which historically emphasized jus soli (citizenship by place of birth), India adopts a modified and regulated approach combining jus soli and jus sanguinis (citizenship by descent). The Indian model reflects demographic, historical, and geopolitical concerns arising out of Partition, migration, and border management.

The law governing citizenship in India is rooted in Part II of the Constitution (Articles 5–11) and elaborated through parliamentary legislation, primarily the Citizenship Act, 1955.

II. Constitutional Framework: Articles 5–11

Part II of the Constitution (Articles 5 to 11) deals with citizenship at the commencement of the Constitution on 26 January 1950. These provisions were transitional in nature but continue to shape the understanding of citizenship jurisprudence.

Article 5 – Citizenship at the Commencement

Article 5 granted citizenship to persons who had their domicile in India and fulfilled any one of the following conditions:

1. Born in India;
2. Either parent born in India;
3. Ordinarily resident in India for five years preceding the commencement.

The emphasis on domicile reflects the intention to establish a stable and permanent connection with India rather than a mere temporary residence.

Article 6 – Migrants from Pakistan

Article 6 addressed the complex issue of migration during Partition. It granted citizenship to persons who migrated from Pakistan provided:

• They migrated before 19 July 1948; or
• They migrated after that date but registered themselves.

This provision recognized humanitarian realities following Partition.

Article 7 – Migrants to Pakistan

Article 7 excluded those who migrated to Pakistan after 1 March 1947, unless they returned to India under a permit for resettlement. The provision was interpreted strictly in State of Uttar Pradesh v. Rehmatullah, where the Supreme Court emphasized that the burden of proving citizenship lies on the person asserting it.¹

Article 8 – Persons of Indian Origin Abroad

Article 8 provided citizenship rights to persons of Indian origin residing outside India, subject to registration at Indian diplomatic missions.

Article 9 – Voluntary Acquisition of Foreign Citizenship

Article 9 stipulates that a person voluntarily acquiring foreign citizenship shall not remain an Indian citizen. This principle was upheld in Izhar Ahmad Khan v. Union of India, where the Supreme Court affirmed the constitutional validity of termination provisions under the Citizenship Act.²

Articles 10 and 11

Article 10 ensures continuance of citizenship subject to parliamentary law, while Article 11 empowers Parliament to regulate acquisition and termination of citizenship. Pursuant to this power, Parliament enacted the Citizenship Act, 1955.

III. The Citizenship Act, 1955: Modes of Acquisition

The Citizenship Act, 1955 provides five principal modes of acquiring citizenship.

1. Citizenship by Birth (Section 3)

The law has evolved through amendments:

• 26 January 1950 – 1 July 1987: Citizenship granted solely by birth in India.
• 1 July 1987 – 3 December 2004: At least one parent must be an Indian citizen.
• After 3 December 2004: One parent must be a citizen, and the other must not be an illegal migrant.

The tightening of requirements reflects concerns regarding illegal immigration, especially in border states.

2. Citizenship by Descent (Section 4)

A person born outside India may acquire citizenship if:

• Either parent was an Indian citizen at the time of birth;
• Birth is registered at an Indian consulate within prescribed time.

This embodies the principle of jus sanguinis.

3. Citizenship by Registration (Section 5)

Persons eligible include:

• Persons of Indian origin residing in India for 7 years;
• Persons married to Indian citizens (residing for 7 years);
• Minor children of Indian citizens;
• Overseas Citizens of India under specified conditions.

Registration is discretionary and subject to satisfaction of statutory conditions.

4. Citizenship by Naturalization (Section 6)

Naturalization is governed by the Third Schedule. Essential requirements include:

1. Residence in India for 12 years (aggregate);
2. Good character;
3. Knowledge of an Eighth Schedule language;
4. Intention to reside in India;
5. Renunciation of previous citizenship.

India does not permit dual citizenship in the strict sense.

5. Citizenship by Incorporation of Territory (Section 7)

If new territory becomes part of India, the Government may specify who shall become citizens. For example, after the liberation of Goa in 1961, residents were granted citizenship through executive notification.

IV. Termination of Citizenship

The Act provides three modes of termination:

1. Renunciation (Section 8)

A citizen may voluntarily renounce citizenship.

2. Termination (Section 9)

Automatic termination occurs upon voluntary acquisition of foreign citizenship. In Izhar Ahmad Khan, the Court upheld the procedure for determining such voluntary acquisition.³

3. Deprivation (Section 10)

The Central Government may deprive a person of citizenship if:

• It was obtained by fraud;
• The person shows disloyalty;
• Engages in unlawful trade with the enemy;
• Is imprisoned within five years of naturalization;
• Resides outside India continuously for seven years.

V. Judicial Interpretation and Key Case Laws

1. Burden of Proof

In State of U.P. v. Rehmatullah, the Court held that the burden lies on the claimant to prove Indian citizenship.⁴

2. Distinction Between Citizenship and Domicile

In Pradeep Jain v. Union of India, the Supreme Court clarified that citizenship and domicile are distinct concepts. Domicile relates to permanent home, whereas citizenship relates to political membership.⁵

3. Illegal Migration and National Security

In Sarbananda Sonowal v. Union of India, the Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act, 1983 as unconstitutional, observing that large-scale illegal migration posed a threat to national integrity.⁶

4. Refugees and Citizenship

In State of Arunachal Pradesh v. Khudiram Chakma, the Court held that Chakma refugees were not automatically entitled to citizenship unless statutory conditions were satisfied.⁷

VI. Citizenship (Amendment) Act, 2019

The Citizenship (Amendment) Act, 2019 amended the 1955 Act to provide fast-track citizenship to certain religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who entered India before 31 December 2014.

The amendment reduced the naturalization requirement from 11 years to 5 years for specified groups. The Act has been challenged on the ground of violating Article 14 (equality before law), and the matter has been subject to constitutional scrutiny.

VII. Rights Exclusive to Citizens

Certain Fundamental Rights are restricted to citizens:

• Article 15 – Non-discrimination
• Article 16 – Public employment
• Article 19 – Six freedoms
• Articles 29 & 30 – Minority rights

However, Articles 14 and 21 apply to both citizens and non-citizens.

VIII. Essential Requirements for Citizenship in India

Across different modes, essential elements include:

1. Legal birth or descent connection;
2. Lawful residence in India;
3. Absence of illegal migrant status;
4. Registration compliance;
5. Good character (naturalization);
6. Knowledge of Indian language (naturalization);
7. Renunciation of foreign nationality.

Conclusion

Citizenship in India is governed by constitutional provisions (Articles 5–11) and detailed statutory regulation under the Citizenship Act, 1955. The law provides multiple modes of acquisition while ensuring strict control over illegal migration and foreign allegiance. Judicial pronouncements have strengthened procedural safeguards and clarified constitutional boundaries.

Thus, Indian citizenship law represents a structured and evolving framework balancing sovereignty, equality, and constitutional morality.