Citizenship provisions in the Indian Constitution are contained in Part II, which covers Articles 5 to 11. These articles came into effect on November 26, 1949, and identify who became citizens at the time of the Constitution’s commencement

Article 11 of the Indian Constitution empowers Parliament to make laws regarding citizenship. Located in Part II of the Constitution (Articles 5–11), it grants Parliament full authority to regulate provisions on the acquisition and termination of citizenship, as well as all other related matters.

Using this power, Parliament enacted the Citizenship Act of 1955 to govern how Indian citizenship is obtained and lost

India grants single citizenship to its citizens, meaning every person is a citizen of India regardless of the state or territory they reside in, with no separate state-level citizenship.

Adopted from the British model, this prevents dual citizenship and fosters national unity. Indian passport holders who acquire foreign citizenship automatically lose their Indian citizenship, as India does not permit dual citizenship.

Under Article 5 of the Constitution of India, a person domiciled in India at the time of commencement (January 26, 1950) became an Indian citizen if they also met any one of the following three conditions.

Born in India: They were born in the territory of India.

Parentage: Either of their parents was born in the territory of India.

Residency: They had been ordinarily resident in the territory of India for at least 5 years immediately preceding the commencement of the Constitution

Article 6: migrants from Pakistan. If migrated before 19 July 1948, automatic if parent/grandparent born in undivided India. After that date, required registration.

Before 19 July 1948 migration treated liberally; after required application and residence.

Article 7: persons who migrated to Pakistan after 1 March 1947 but returned under resettlement permit could register.

Article 8: PIOs whose parents/grandparents born in undivided India could register with Indian consulate.

Article 9: voluntary acquisition of foreign citizenship results in automatic loss of Indian citizenship. India prohibits dual citizenship.

Article 10: continuance subject to Parliament-made law under Article 11.

Parliament enacted Citizenship Act, 1955 under Article 11, providing for acquisition and loss.

Original 1955 Act granted citizenship to anyone born in India on/after 26 Jan 1950 (pure jus soli).

1986 Amendment (effective 1 July 1987): born in India + at least one parent Indian citizen.

2003 Amendment tightened further: both parents citizens, OR one citizen and other not illegal migrant, to curb illegal immigration.

Original rule was paternal descent only. 1992 amendment made it gender-neutral.

From 10 Dec 1992, child born abroad gets citizenship if either parent is Indian.

2003 Amendment: birth must be registered within one year at Indian mission, and parents declare child does not hold foreign passport.

Section 5: PIOs, spouses of citizens (7 years), minor children, etc., can register. Illegal migrants excluded by 2003 amendment.

Original requirement: 12 months immediately preceding + 11 of previous 14 years = 12 years total. 2019 CAA reduced to 5 years for specified minorities.

Third Schedule conditions: not illegal migrant, renounce foreign citizenship, reside required period, good character, adequate knowledge of language in Eighth Schedule.

Section 7: when territory becomes part of India (e.g., Goa 1961, Sikkim 1975, Puducherry).

Section 8: adult citizen of full capacity may renounce, declaration registered. Minor children also lose but can resume at 18.

Section 9 gives effect to Article 9: voluntary acquisition terminates Indian citizenship.

Section 10: Central Govt can deprive citizenship obtained by fraud, disloyalty, enemy trade, 7-year abroad without registration, etc.

Section 10 requires 7 continuous years abroad without annual registration, not 5. Other grounds listed are valid.

Inserted by 2003 Amendment: person who entered without valid documents or overstayed. Barred from citizenship by registration/naturalization.

2003 Amendment inserted Section 7A-7D, implemented 2005. Provides lifelong visa, not citizenship.

OCI is not citizenship; no voting, no constitutional posts, no government jobs, cannot buy agricultural land.

2015 amendment merged PIO into OCI; all PIO cards deemed OCI from 9 Jan 2015.

NRI under Income Tax Act: Indian citizen living abroad >182 days in financial year. Retains citizenship and voting rights (postal/proxy limited).

CAA 2019 amends Section 2(1)(b) to exempt specified persecuted minorities from being illegal migrants and reduces residence to 5 years.

Exemptions under Section 6B for Sixth Schedule and Inner Line Permit states (Arunachal, Nagaland, Mizoram, Manipur).

Assam Accord 1985: persons entered Assam from Bangladesh on/before 25 March 1971 eligible; after are illegal.

NRC 1951 based on census; updated 2013-2019 under SC supervision.

Articles 15,16,19,29 cultural rights, voting, contesting elections, holding constitutional posts reserved for citizens.

Article 14 and 21 are available to all persons, citizen or alien.

Unlike US, India requires only citizenship (not natural-born). Any citizen meeting age/qualifications eligible.

Supreme Court in State Trading Corporation case: citizenship under Part II is for natural persons only; companies get Article 19 via shareholders.

Domicile = permanent home, animus manendi. Differs from residence.

PIO card (2002) for foreign nationals up to 4 generations Indian origin, excluding Pakistan, Bangladesh, etc. Merged 2015.

Section 7D grounds: fraud, disaffection, enemy intercourse, conviction, etc.

Article 9 barred those who voluntarily acquired foreign citizenship before 1950.

Constitution provides single citizenship; Article 370 gave J&K special rights (state subject) but not separate citizenship; abrogated 2019.

India has no national citizenship card; multiple documents used. Aadhaar is identity, not proof of citizenship.

Section 18 empowers Central Govt to make rules; Citizenship Rules 2009 as amended.

Section 3 excludes children of enemy aliens and foreign diplomats with immunity.

Section 8(2): minor loses with parent but may resume by declaration within one year of majority.

Natural justice: hearing required, except where citizenship obtained by fraud/misrepresentation.

CAA 2019 reduces naturalization period to 5 years + 12 months = 6 years total for specified minorities.

2003 inserted provisions; scheme operationalised 2005.