Introduction

Citizenship defines an individual’s legal relationship with the state, signifying not only rights but also responsibilities toward the nation. In India, citizenship is governed by Articles 5 to 11 of the Indian Constitution and the Indian Citizenship Act of 1955, both of which delineate how citizenship is acquired, maintained, and can be terminated. As the country has grown and its global standing evolved, so too have its laws governing who can and cannot claim Indian citizenship. These provisions and the related cases have led to debates and legal clarity around citizenship in India.

Constitutional Provisions (Articles 5–11)

Article 5: Citizenship at the Commencement of the Constitution
Article 5 states that anyone domiciled in India at the commencement of the Constitution (January 26, 1950) is considered a citizen if they:

1. Were born in India,
2. Had either parent born in India, or
3. Had been ordinarily resident in India for five years before the Constitution’s commencement.

This article effectively grants citizenship to people who were legally residents at the time of independence, including those who may have migrated within the boundaries of British India.

Article 6: Rights of Citizenship for Persons Who Migrated from Pakistan
Article 6 provides citizenship rights to those who migrated from Pakistan to India. It categorizes them into:

1. Those who came to India before July 19, 1948, would automatically become citizens, provided they were domiciled in India.
2. Those who came after July 19, 1948, would need to register themselves under the Government of India.

Article 7: Rights of Citizenship for Persons Who Migrated to Pakistan but Returned to India
Article 7 addresses cases where people migrated to Pakistan after March 1, 1947, but returned to India. Such persons could regain citizenship if they had resided in India for six months before making an application for citizenship.

Article 8: Rights of Citizenship for Persons of Indian Origin Residing Outside India
Article 8 provides citizenship rights to people of Indian origin residing outside the country. Indian origin here includes anyone born in India or with ancestors born in India, as long as they register as citizens of India at the nearest diplomatic or consular office.

Article 9: Termination of Citizenship
Article 9 disqualifies Indian citizenship for individuals who voluntarily acquire the citizenship of a foreign country. This reinforces the principle that India does not allow dual citizenship.

Article 10: Continuation of Citizenship
Article 10 secures the continuity of citizenship, stating that anyone who is deemed a citizen under Articles 5 to 8 shall continue as a citizen, subject to any future laws made by Parliament.

Article 11: Power of Parliament to Regulate Citizenship by Law
Article 11 grants Parliament the authority to make laws governing the acquisition and termination of citizenship. This paved the way for the enactment of the Citizenship Act, 1955.

The Indian Citizenship Act, 1955

The Indian Citizenship Act, 1955, was enacted to provide detailed rules on how one could acquire or lose citizenship, outlining provisions for citizenship by birth, descent, registration, and naturalization, as well as for the termination and renunciation of citizenship.

1. Citizenship by Birth: Until 1987, anyone born in India was automatically an Indian citizen. However, this was amended to require at least one parent to be an Indian citizen if born after January 1, 1987.
2. Citizenship by Descent: The Act provides for citizenship by descent, applicable to children born outside India. If born after December 3, 2004, they can claim citizenship if both parents are citizens of India, or one parent is an Indian citizen and the birth is registered with the Indian consulate within a specified timeframe.
3. Citizenship by Registration: Foreigners can obtain citizenship by registering under certain conditions, such as being married to an Indian citizen, being a person of Indian origin, or having resided in India for a prescribed period.
4. Citizenship by Naturalization: Foreign nationals can become Indian citizens through naturalization, provided they meet specific criteria, such as living in India for 12 years.
5. Termination and Renunciation: Voluntarily acquiring foreign citizenship results in the automatic termination of Indian citizenship under Section 9 of the Act. Renunciation is an individual’s voluntary act of giving up citizenship, and it is a formal process under the Act.
6. Overseas Citizenship of India (OCI): While India does not allow dual citizenship, the OCI status allows persons of Indian origin, who are citizens of other countries, to reside, work, and study in India indefinitely.

Key Amendments to the Citizenship Act, 1955

The Act has been amended several times, with major changes impacting who can claim citizenship:

1. 1986 Amendment: This restricted citizenship by birth to those with at least one parent as an Indian citizen.
2. 2003 Amendment: Established the OCI category and introduced further restrictions for citizenship by birth and descent.
3. 2019 Amendment (Citizenship Amendment Act, 2019): This amendment granted fast-tracked citizenship to specific religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014, and faced religious persecution. This amendment attracted considerable debate and protests, with concerns that it contradicted the Constitution’s secular ethos by excluding Muslims.

Landmark Cases on Indian Citizenship

1. State of West Bengal v. Anwar Ali Sarkar (1952): Although primarily a case of equality, this early case involved questions of nationality and residency status and contributed to the evolving discourse on citizenship.
2. Izhar Ahmad Khan v. Union of India (1962): This case involved challenges to the termination of citizenship under Article 9. The Supreme Court held that voluntarily acquiring citizenship in another country automatically resulted in the loss of Indian citizenship.
3. Pravasi Bhalai Sangathan v. Union of India (2014): This case focused on the rights of Overseas Citizens of India (OCI) cardholders, determining that OCI status is distinct from citizenship and that certain political rights are not available to OCIs.
4. Sarbananda Sonowal v. Union of India (2005): This case involved Assam’s Illegal Migrants (Determination by Tribunals) Act, 1983. The Supreme Court struck down this Act, holding that it undermined national security by failing to effectively address illegal immigration from Bangladesh and posed a demographic threat to indigenous populations.
5. NRC and Assam Cases (2019): The National Register of Citizens (NRC) in Assam aimed to identify illegal immigrants, with the Supreme Court’s guidance. It led to debates over who qualified as a citizen, affecting nearly 1.9 million people left out of the NRC list, sparking legal challenges, and raising human rights concerns.
6. Manipur Citizenship Case (2021): Recently, Manipur’s High Court ruled that individuals of the “Maram Naga” tribe are citizens of India by virtue of domicile and uninterrupted residency, a significant case that clarified ethnic minority citizenship rights.

Conclusion

Citizenship laws in India, as embodied in Articles 5–11 and the Citizenship Act, 1955, reflect a complex, evolving framework shaped by historical migrations, Partition, and the unique Indian demographic fabric. Cases related to citizenship have been fundamental in defining and challenging these laws. With recent socio-political developments, including the Citizenship Amendment Act and debates on NRC, citizenship in India remains a dynamic issue, central to the country’s constitutional and cultural fabric.