Citizenship - Indian Constitution [GK Notes PDF]

Citizenship of Indian Constitution GK + Notes PDF: The system of citizenship in any country is a special historical situation that is shaped by the socio-political situation. The unfortunate incident of the partition of India is inextricably linked with the concept of Indian citizenship. As a result, the decision-making process for citizenship became problematic for the framers of the constitution.

The Constitution was adopted by the Constituent Assembly on 26 November 1949 and with it, the concept of citizenship came into force in Articles 5-9 of the Constitution. Subsequently, the draft committee of the Constituent Assembly implemented the concept of citizenship in the second chapter and through articles 5-11. However, it is important to remember that, in our country, the concept of citizenship was derived from Britain.

What is Citizenship of India?

Citizenship is the status of a person as a legitimate member of a sovereign state or nation. A person can have more than one citizenship. If a person does not have the citizenship of any country, he can be called stateless. When someone is located at the border of the state and no clear idea about his citizenship is found, he is called a border-lander.

Citizenship Act of 1955:

To establish rules and procedures for acquiring and laying citizenship after the enactment of the constitution, parliament passed the Citizenship Act in 1955. So the subjects of Indian citizenship are divided into two parts.

First Parts – relevant articles of the Indian Constitution (Articles 5-11), and
The second one is the Indian Citizenship Act of 1955.

Constitutional provisions on citizenship:

The Constitution of Independent India was introduced on 26 January 1950. Articles 5-11 of the Constitution discuss in detail who will be and under what conditions a person should be considered as an Indian citizen before the enactment of the Constitution:

(1) Acquisition of citizenship by birth or residency:

At the time of enactment of the Constitution, i.e. 26 January 1950, all permanent residents of India shall be Indian citizens and those who have been residing in India for at least five years immediately before the enactment of the Constitution shall be deemed to be citizens of India (Article 5).

(2) Acquisition of citizenship of persons coming from Pakistan:

Those who left Pakistan and settled in India before July 19, 1948, will be considered Indian citizens. But those who came to India after July 19, 1948, will also become citizens of India if they apply to the higher authorities before the date of enactment of the Constitution (January 26, 1950).

Indian Citizenship Act of 1955:

The Indian Parliament passed the Indian Citizenship Act in 1955 as per the powers vested in articles 11. This law specifically addresses the conditions for acquiring citizenship –

(1) Citizenship by Birth on Jus Soli

All persons residing in India on or after January 26, 1950, are will be Indian citizens. However, after birth, their parents must be Indian citizens and will not be able to enjoy immunity like a foreign ambassador.

(2) Citizenship by descent on Jus Sanguinis:

Those born outside India on or after January 26, 1950, if their parents are Indian citizens, will be Indian citizens by blood relationship.

(3) Citizenship by Registration:

Applying for citizenship of India, particular authorities can register certain categories of persons as Indian citizens. Those who can become Indian citizens in this way are

A foreign woman who is married to an Indian citizen.
Non-adult children of Indian nationals.
Healthy minded citizens of Commonwealth countries like Britain, Australia, New Zealand, Canada, Sri Lanka, etc.

(4) Citizenship by Naturalization:

According to Section 6 of the Act, foreigners can obtain Indian citizenship through naturalization (by applying to fulfill certain conditions) if they can satisfy certain conditions laid down by the Government of India.

(5) Acquiring Citizenship through enrollment:

Citizens of Commonwealth countries share the status of Commonwealth citizens in India. Citizens of Commonwealth countries like Great Britain, Australia, New Zealand, Canada, Sri Lanka, etc. enjoy special privileges in this country. Commonwealth countries are not considered foreign countries to India.

Termination of Indian Citizenship:

Under the Act of 1955, the reasons for the abolition of Indian citizenship are discussed below –

Voluntarily relinquishing Indian citizenship.
If an Indian citizen acquires citizenship of another country through naturalization or approval.
The Government of India may terminate the citizenship of those who have become citizens of India through registration by directing the following reasons:
(a) acquiring citizenship in a dishonest manner
(b) disrespecting the Indian Constitution
(c) serving two years imprisonment in a country at war with India
(d) If you have lived outside India for 7 years.

What type of citizenship is recognized in India?

One citizenship policy has been adopted for the unity and solidarity of India. Article 3 of the Indian Constitution states that citizenship means complete/integral citizenship. The Indian Constitution does not recognize dual citizenship or dual allegiance. There is no separate citizenship system for the country. At present, the existence of dual citizenship can be observed in a few places like America, Switzerland, etc. Article 11 of the Constitution allows Parliament to regulate matters relating to the right to citizenship in accordance with the law.

What is dual citizenship?

Multiple/dual citizenship (or numerous/dual nationality) is a legal status in which a person is simultaneously considered a national or citizen of multiple nations under their respective laws.
Citizens of some nations are not permitted to hold dual citizenship. Before attempting to obtain dual citizenship, double-check to verify if your country allows it.

Articles	Subjects
5	Matters relating to citizenship when the Indian Constitution is enacted or came into force.
6	Granting ‘citizenship rights’ to people who have come to India from Pakistan.
7	Granting citizenship rights to all Indians living in Pakistan.
8	Granting special citizenship rights to persons of Indian living outside the country.
9	Individuals who have acquired citizenship of a foreign state will not be considered Indian citizens.
10	Those who have acquired Indian citizenship through nationalization, registration, etc. the government of India may terminate their Indian citizenship for a number of reasons.
11	Parliament will regulate the legislation on citizenship

Articles describe citizenship of India

One Liner Objective Type Questions with Answer from Citizenship of India:

Sl. No.	Questions	Answers
1	When did the Government of India pass the Dual Citizenship Act for Indians living in abroad?	2003
2	What is the minimum ages required to reside in India by applying for Indian citizenship?	5 Years
3	In which year was the Indian Citizenship Act passed?	1955
4	Who is the appropriate authority to determine the issues of acquiring Indian citizenship?	Parliament
5	How many expatriate Indians have been told by the Indian government to grant dual citizenship in the initial phase?	16
6	In which year was India’s citizenship law first amended?	1985
7	Which part of the Indian Constitution deals with citizenship?	Part 2
8	What is the minimum age for acquiring full citizenship in India?	18
9	Which articles of the Indian Constitution deals with citizenship?	Articles 5 to 11
`10	The citizenship enshrined in the Indian Constitution are-	Single Citizenship
11	How many methods of acquiring citizenship are mentioned in the Indian Citizenship Act of 1955?	6
12	The Citizenship Act was amended in 2003 on the recommendation of which committee?	L.M. Singhvi Committee
13	There is a detailed discussion on the acceptance and rejection of Indian citizenship in	Indian Citizenship Act of 1955

Frequently Asked Questions From Citizenship of India:

How the citizenship of India is determined?

Indian citizenship is usually acquired by birth and descent. According to the Constitution of India, which came into force on November 29, 1949, if a person’s parents were born in India or have been in India for more than five years, he can be identified as a citizen of India. Under the Citizenship Act of 1955, citizenship is granted on the basis of date of birth. Those born in India from January 26, 1950 to July 1, 1966 are considered Indians by birth. Citizenship of a person born between December 3, 2004 will be granted Indian citizenship only if the parent is an Indian.

How many methods of acquiring citizenship are mentioned in the Indian Citizenship Act of 1955?

There are six method described in the Indian citizenship Act of 1955 to acquiring citizenship in India. The law relating to the granting and abolition of Indian citizenship to any person in India is the Citizenship Act (1955). The Citizenship Amendment Acts of 1986, 1992, 2003, 2005 and 2015 are particularly important. The 6 processes of Acquisition of Citizenship are mentioned below: –
1. By Birth
2. By Descent
3. By Registration
4. By Nationalisation
5. By Incorporation of Territory
6. By Overseas Citizenship

What are the reasons for termination of Indian citizenship in the Constitution?

There are 7 reasons for termination of citizenship of India. The following are the cases where citizenship can be terminated or abolished under the Indian Citizenship Act, 1955:
(i) If an Indian citizen acquires citizenship of another country.
(ii) If a person voluntarily renounces the citizenship of the country.
(iii) If the Government thinks that the citizenship has been acquired in a bad way.
(iv) If any person shows disrespect or disrespect to the Indian Constitution.
(v) If an Indian establishes trade relations with an enemy country at war with India or assists the enemy country.
(vi) If a person is imprisoned abroad for two years or more.
(vii) If a person has been absent from his home country for more than 7 years without justifiable reason.

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Notes: Making of Indian Constitution (Background)
Notes: Borrowed Features of Indian Constitution