Indian Citizenship MCQs: Articles 5–11 and the Citizenship Act, 1955

C. 2005

• The Citizenship (Amendment) Act, 2005 introduced the Overseas Citizenship of India (OCI) scheme.
• OCI allows persons of Indian origin who are now citizens of other countries (except Pakistan and Bangladesh, initially) to register as Overseas Citizens of India.
• OCI holders get lifelong multiple-entry visas; exemption from FRRO registration; parity with NRIs in economic, financial, and educational fields; but cannot vote, hold constitutional offices, or work in government services.
• The Citizenship (Amendment) Act, 2003 had earlier introduced the concept of the Person of Indian Origin (PIO) card, which was eventually merged with OCI in 2015.
• The 2015 amendment merged PIO with OCI — all PIO cardholders were automatically upgraded to OCI status.
• Reference: Citizenship Amendment Act, 2005; M. Laxmikanth, Indian Polity.

C. Rights of citizenship continue subject to any law made by Parliament

• Article 10 provides for the continuance of the rights of citizenship — it ensures that persons who are deemed citizens under Articles 5 to 8 shall continue to be citizens, subject to Parliament’s power to make laws.
• It is a ‘saving clause’ ensuring that existing citizenship is not disrupted by subsequent legislation, except as provided by Parliament.
• It acts as a bridge between the constitutional provisions on citizenship (Articles 5–9) and the legislative framework (Citizenship Act, 1955).
• Article 10 underlines that citizenship, once acquired constitutionally, cannot be taken away arbitrarily without parliamentary authority.
• Together with Article 11, it creates a complete framework: Parliament regulates citizenship, but existing rights are preserved unless Parliament specifically changes them.
• Reference: Subhash Kashyap, Our Constitution; Constituent Assembly Debates.

B. Persons who migrated from Pakistan

• Article 6 deals with persons who migrated from Pakistan to India — i.e., refugees who came to India around the time of Partition.
• A person who migrated from Pakistan before 19 July 1948 was deemed a citizen if either he or a parent/grandparent was born in undivided India.
• Those who migrated on or after 19 July 1948 needed to register as Indian citizens with the designated officer.
• This provision was crucial given the massive displacement of about 7–8 million people during Partition.
• Article 7, in contrast, covers persons who migrated to Pakistan but later returned — they could apply for citizenship.
• Reference: Constituent Assembly Debates; D.D. Basu, Introduction to the Constitution of India.

B. Articles 5–11 are transitional; the Citizenship Act 1955 governs citizenship on a continuing basis

• Articles 5 to 11 are transitional provisions that determined citizenship at the commencement of the Constitution (26 January 1950). They were essentially one-time provisions.
• Article 11 empowered Parliament to enact legislation for citizenship, leading to the Citizenship Act, 1955, which governs all matters of citizenship acquisition, termination, and related issues on a continuing basis.
• The constitutional articles (5–11) and the statutory act (1955) are complementary: the Constitution defines the framework, Parliament fills in the details through legislation.
• After the Constitution came into force, the Citizenship Act, 1955 is the primary operative law on citizenship; the constitutional articles are of historical/interpretive importance.
• Courts read the constitutional articles and the Act together while deciding citizenship disputes.
• Reference: D.D. Basu, Introduction to the Constitution of India; M. Laxmikanth, Indian Polity.

C. Article 8

• Article 8 deals with the rights of citizenship of certain persons of Indian origin who reside outside India.
• A person who or whose parent or grandparent was born in undivided India (as defined in the Government of India Act, 1935) could register as an Indian citizen with the Indian diplomatic or consular representative.
• This provision recognised the large Indian diaspora — mostly in Southeast Asia, East Africa, and the UK — who maintained strong cultural and familial links with India.
• Article 8 is a one-time provision applicable at the commencement of the Constitution.
• After commencement, citizenship for overseas Indians is governed by the Citizenship Act, 1955 and the OCI/NRI provisions.
• Reference: D.D. Basu, Introduction to the Constitution of India; Constituent Assembly Debates.

B. Citizenship based on place of birth

• Jus Soli is a Latin term meaning ‘right of the soil’ — citizenship is determined by the place of birth.
• Under Jus Soli, any person born on the territory of a state acquires that state’s citizenship, regardless of the parents’ nationality.
• India originally followed Jus Soli from 1950–1986 (anyone born in India was a citizen).
• After 1986, India shifted to a modified Jus Soli — at least one parent must be an Indian citizen.
• Post-2004, India moved closer to Jus Sanguinis (right of blood) — both parents must be citizens, or one citizen and the other not an illegal migrant.
• Reference: NCERT Class IX Democratic Politics; Citizenship Act, 1955 as amended.

C. 26 November 1949

• The Constituent Assembly adopted the Constitution of India on 26 November 1949.
• It came into force on 26 January 1950 — celebrated as Republic Day.
• The date 26 November is now celebrated as Constitution Day (Samvidhan Diwas), declared by the Government of India in 2015 to mark the 125th birth anniversary of Dr. B.R. Ambedkar.
• The Constituent Assembly was constituted in December 1946 under the Cabinet Mission Plan; it held 11 sessions spread over 2 years, 11 months, and 18 days.
• The citizenship provisions in Part II became operative on 26 January 1950 — not on 26 November 1949 when the Constitution was adopted.
• Reference: Granville Austin, The Indian Constitution: Cornerstone of a Nation; M. Laxmikanth, Indian Polity.

C. Single citizenship

• India follows a single citizenship system, unlike countries like the USA which follow dual citizenship (federal + state).
• Every Indian is a citizen of India only — there is no separate citizenship for states like Uttar Pradesh or Maharashtra.
• This was a deliberate choice by the Constituent Assembly to promote national unity and integration.
• The concept of single citizenship ensures equal rights and duties for all citizens across the country.
• Granville Austin in ‘The Indian Constitution: Cornerstone of a Nation’ emphasises single citizenship as a unifying feature of Indian federalism.
• Reference: M. Laxmikanth, Indian Polity; Granville Austin.

B. Articles 5 to 11

• The constitutional articles on citizenship are in Part II and follow this sequence:
• Article 5 — Citizenship at commencement
• Article 6 — Rights of citizenship of certain persons who have migrated to India from Pakistan
• Article 7 — Rights of citizenship of certain migrants to Pakistan
• Article 8 — Rights of citizenship of certain persons of Indian origin residing outside India
• Article 9 — Persons voluntarily acquiring citizenship of a foreign State not to be citizens
• Article 10 — Continuance of the rights of citizenship
• Article 11 — Parliament to regulate the right of citizenship by law
• Remembering this sequence (5 to 11) is essential for exams — articles on citizenship form a compact, logical group.
• Reference: Constitution of India, Part II; M. Laxmikanth, Indian Polity.

C. Birth

• Under Section 10 of the Citizenship Act, 1955, the Government can deprive a person of citizenship acquired by registration or naturalisation on specified grounds.
• However, deprivation does NOT apply to citizenship acquired by birth — a person born in India as a citizen cannot be deprived of citizenship under Section 10.
• This is a crucial protection for Jus Soli citizens — they have an inalienable right to citizenship regardless of their conduct (except if they voluntarily acquire another citizenship).
• The rationale is that persons who did not choose to be Indian citizens (they were born into it) should not be treated the same as those who acquired citizenship through a legal process.
• This distinction between birth citizens and registration/naturalisation citizens is important for understanding the security of citizenship rights in India.
• Reference: Citizenship Act, 1955, Section 10; M. Laxmikanth, Indian Polity.

C. Union List — Entry 17

• Citizenship is in the Union List — Schedule VII, Entry 17 of the Indian Constitution.
• This means only Parliament (the central government) has the exclusive power to make laws relating to citizenship, naturalisation, and aliens.
• No state legislature can enact any law on citizenship — it is purely a central subject.
• This ensures uniformity: a citizen of India carries the same rights whether they live in Kerala, Kashmir, or Manipur.
• This is part of the single citizenship concept that distinguishes Indian federalism from federations like the USA or Australia.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

A. 1 and 2 only

• Statement 1 is CORRECT: Part II of the Constitution (Articles 5–11) exclusively deals with citizenship.
• Statement 2 is CORRECT: Article 9 explicitly states that a person who voluntarily acquires the citizenship of any foreign state shall not be a citizen of India.
• Statement 3 is INCORRECT: Article 11 empowers Parliament (not state legislatures) to make laws relating to the acquisition and termination of citizenship. Citizenship is a Union subject (Entry 17, Union List, 7th Schedule).
• This is a classic multiple-correct-statement question commonly seen in UPSC, APPSC, and TGPSC exams.
• Always verify which level of government has legislative competence over a subject — citizenship being exclusively with Parliament is a fundamental constitutional principle.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Science.

B. Part II

• Part II of the Indian Constitution (Articles 5–11) exclusively deals with Citizenship.
• Article 5 defines citizenship at the commencement of the Constitution (26 January 1950).
• Articles 6 and 7 deal with citizenship of persons who migrated from or to Pakistan.
• Article 8 covers citizenship of persons of Indian origin residing outside India.
• Article 11 empowers Parliament to regulate citizenship by law — leading to the Citizenship Act, 1955.
• Reference: M. Laxmikanth, Indian Polity, Chapter on Citizenship; NCERT Class XI Political Science.

B. Kesavananda Bharati v. State of Kerala (1973)

• The basic structure doctrine was established in Kesavananda Bharati v. State of Kerala (1973) — the Supreme Court held that Parliament cannot amend the basic structure or essential features of the Constitution.
• The ‘secular character’ of the Constitution is part of the basic structure — relevant because the Citizenship Amendment Act, 2019 (CAA) is challenged as violating secularism by using religion as a criterion.
• The basic structure doctrine means that even if Parliament has the power to amend citizenship laws, it cannot do so in a manner that destroys the constitutional guarantee of equality (Article 14) or secularism.
• Earlier, in Golak Nath v. State of Punjab (1967), the Supreme Court held that Fundamental Rights cannot be amended — though this was overruled by Kesavananda Bharati.
• The basic structure doctrine is the supreme weapon in Indian constitutional law to protect the Constitution’s core from legislative erosion.
• Reference: Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461; M. Laxmikanth, Indian Polity.

C. Right to vote in elections

• Article 19 guarantees six freedoms to Indian citizens: speech and expression, peaceful assembly, forming associations, moving freely throughout India, residing and settling anywhere in India, and practising any profession or trade.
• Right to vote is NOT a fundamental right under Article 19 — it is a statutory right under the Representation of the People Act, 1951 and Article 326 (universal adult suffrage).
• The right to vote is available to all citizens above 18 years of age, but it is not justiciable as a fundamental right.
• The deletion of the right to property from Article 19(1)(f) by the 44th Amendment (1978) means property is no longer a fundamental right either.
• This distinction between fundamental rights and other constitutional rights is important for examinations — the right to vote, right to contest elections, etc., are legal rights, not fundamental rights.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

D. 2019

• The Citizenship Amendment Act (CAA) was passed by Parliament in December 2019 (11 December 2019) and received Presidential assent on 12 December 2019.
• It amended the Citizenship Act, 1955 to provide a fast-track naturalisation pathway for persecuted non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan.
• The Act covers Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India on or before 31 December 2014.
• Critics raised concerns about its exclusion of Muslims and its compatibility with Article 14 (right to equality).
• The Supreme Court is examining its constitutional validity in multiple petitions as of early 2024.
• Reference: Citizenship Amendment Act, 2019; M. Laxmikanth, Indian Polity.

C. Voluntary acquisition of another country’s citizenship

• Indian citizenship can be terminated in three ways under the Citizenship Act, 1955:
• (1) Renunciation — a person voluntarily gives up Indian citizenship by making a declaration (Section 8).
• (2) Termination — automatic when a person voluntarily acquires citizenship of another country (Section 9).
• (3) Deprivation — compulsory termination by the Government of India on grounds like fraud, false representation, disloyalty, trading with an enemy during war, or criminal conviction within 5 years of registration/naturalisation (Section 10).
• Deprivation does not apply to citizenship by birth.
• A minor who renounces Indian citizenship can resume it upon attaining majority (within one year).
• Reference: Citizenship Act, 1955, Sections 8–10; M. Laxmikanth, Indian Polity.

B. Sarbananda Sonowal v. Union of India

• The IMDT Act, 1983 was struck down in Sarbananda Sonowal v. Union of India (2005).
• The Supreme Court held that the IMDT Act violated the Constitution because it placed an unreasonable burden on the complainant to prove a person was an illegal migrant, rather than placing the burden on the alleged foreigner.
• The Court noted that illegal migration amounted to ‘external aggression’ — using the language of Article 355 of the Constitution.
• After the IMDT Act was struck down, Foreigners Tribunals under the Foreigners Act, 1946 became the relevant mechanism for detecting illegal migrants in Assam.
• This case is a landmark in Indian citizenship jurisprudence, directly shaping the NRC updation process in Assam.
• Reference: Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665; M. Laxmikanth, Indian Polity.

B. It set 24 March 1971 as the cut-off for identifying illegal migrants in Assam

• The Assam Accord was signed on 15 August 1985 between the Rajiv Gandhi government and leaders of the All Assam Students’ Union (AASU) and All Assam Gana Sangram Parishad (AAGSP).
• It established 24 March 1971 (midnight) as the cut-off date for detection and deportation of illegal migrants from Bangladesh to Assam.
• Persons who entered Assam before 1 January 1966 were to be regularised; those who entered between 1966 and 24 March 1971 were to be deleted from electoral rolls for 10 years but could remain; those who entered after 24 March 1971 were to be detected and deported.
• The Accord led to the creation of the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act), later struck down by the Supreme Court in 2005 as unconstitutional.
• The Accord also mandated the updation of the NRC for Assam, which was finally completed in 2019.
• Reference: M. Laxmikanth, Indian Polity; Granville Austin, The Indian Constitution: Cornerstone of a Nation.

A. Birth (Jus soli — unconditional)

• Under the original Citizenship Act, 1955, a person born in India between 26 January 1950 and 30 June 1987 was a citizen by birth — irrespective of the nationality of parents.
• This was the principle of jus soli (right of the soil) — birthplace determines citizenship.
• The 1986 amendment changed this rule, requiring at least one parent to be an Indian citizen for those born after 1 July 1987.
• The 2003 amendment further tightened: for those born after 3 December 2004, both parents must be citizens, or one citizen and the other not an illegal migrant.
• This progressive restriction was to address illegal migration concerns, especially from Bangladesh.
• Reference: Citizenship Act, 1955 as amended; M. Laxmikanth, Indian Polity.

B. Citizenship based on blood/parentage

• Jus Sanguinis is Latin for ‘right of blood’ — citizenship is determined by the citizenship of the parents.
• Under Jus Sanguinis, a child inherits citizenship from its parents regardless of where it is born.
• Most European countries, Japan, South Korea, and China follow Jus Sanguinis as the primary basis for citizenship.
• India’s post-2004 citizenship law has elements of Jus Sanguinis: for children born after 3 December 2004, both parents must be Indian citizens or one must be an Indian citizen and the other must not be an illegal migrant.
• The shift from Jus Soli to Jus Sanguinis in India was driven by concerns about illegal migration, particularly from Bangladesh.
• Reference: NCERT Class IX Democratic Politics; M. Laxmikanth, Indian Polity.

C. Seventh Schedule — Union List Entry 17

• Citizenship is listed under Entry 17 of the Union List (Schedule VII) — ‘Citizenship, naturalisation and aliens.’
• The Seventh Schedule divides legislative powers between the Centre and states through three lists: Union List (97 entries), State List (66 entries), and Concurrent List (47 entries).
• Being in the Union List, citizenship is exclusively within Parliament’s domain — no state can enact any law on citizenship.
• This ensures that citizenship rights and obligations are uniform throughout India, reinforcing the concept of single citizenship.
• This is unlike federal systems like Australia, where states can make some laws on immigration matters.
• Reference: Seventh Schedule, Constitution of India; M. Laxmikanth, Indian Polity.

C. The burden of proof lies on the accused to prove they are an Indian citizen

• The Foreigners Act, 1946 is the primary law that defines who a ‘foreigner’ is and empowers the government to deal with them in India.
• Section 2(a) defines a ‘foreigner’ as a person who is not a citizen of India.
• Section 9 places the burden of proof on the accused — in cases where a person’s citizenship status is in question, it is for that person to prove they are an Indian citizen, not for the state to prove they are a foreigner.
• This reverse burden of proof was upheld by the Supreme Court in Sarbananda Sonowal v. Union of India (2005), where the IMDT Act (which had a different burden of proof) was struck down.
• The Foreigners Act applies throughout India and is a central legislation — the Centre has sole authority over matters of citizenship and foreigners.
• Reference: Foreigners Act, 1946; M. Laxmikanth, Indian Polity; NIOS Political Science.

B. Citizens of an incorporated territory become Indian citizens

• When a new territory is incorporated into India, persons who are ordinarily resident in that territory on the date of incorporation become Indian citizens.
• This mode was used when Goa, Daman, and Diu were liberated from Portugal and incorporated into India in 1961; residents became Indian citizens.
• Similarly, when Sikkim became the 22nd state of India in 1975 (36th Constitutional Amendment), residents of Sikkim became Indian citizens.
• The Citizenship Act, 1955 (Section 7) states that when a territory becomes part of India, the Central Government may notify the persons who become citizens of India in consequence.
• This mode ensures that persons do not become stateless when their territory is annexed or merged with India.
• Reference: Citizenship Act, 1955, Section 7; M. Laxmikanth, Indian Polity; NCERT Class IX Democratic Politics.

C. Article 11

• Article 11 gives Parliament the power to regulate the right of citizenship by law.
• This article makes citizenship a subject in the Union List (Entry 17, Schedule VII), so only Parliament can legislate on it — not state legislatures.
• Exercising this power, Parliament enacted the Citizenship Act, 1955.
• Article 11 also empowers Parliament to terminate or modify citizenship rights.
• This provision ensures uniformity in citizenship laws across the entire country.
• Reference: M. Laxmikanth, Indian Polity; Subhash Kashyap, Our Constitution.

C. Article 19 (Freedom of speech and expression)

• Some Fundamental Rights are available only to citizens, while others are available to all persons (including foreigners) on Indian soil.
• Rights available only to citizens include: Article 15 (no discrimination on grounds of religion, race, caste, sex, place of birth), Article 16 (equality of opportunity in public employment), Article 19 (six freedoms including speech, assembly, movement, residence, occupation), Article 29 and 30 (cultural and educational rights of minorities).
• Rights available to all persons (citizens and non-citizens): Article 14 (equality before law), Article 20 (protection in respect of conviction), Article 21 (right to life and personal liberty), Article 22 (protection against arbitrary arrest), Articles 23 and 24 (prohibition of exploitation).
• This distinction is critical for understanding the scope of rights in the Indian constitutional framework.
• The Constituent Assembly deliberately kept some rights exclusive to citizens to protect national interests.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

B. Article 9 and Section 9 of Citizenship Act 1955

• Article 9 of the Constitution and Section 9 of the Citizenship Act, 1955 together prevent dual citizenship.
• Article 9 states that a person who voluntarily acquires the citizenship of any foreign state shall not be a citizen of India.
• Section 9 of the Citizenship Act provides that Indian citizenship automatically terminates when a person acquires citizenship of another country by voluntary and intentional act.
• India’s single citizenship model is based on the principle that citizens owe exclusive allegiance to one state.
• The only quasi-exception is the OCI status — but it is not true citizenship; OCI holders are foreign nationals with special privileges, not Indian citizens.
• Countries like the USA, UK, Canada, and Australia allow dual citizenship; India does not.
• Reference: D.D. Basu, Introduction to the Constitution of India; M. Laxmikanth, Indian Polity.

C. 1955

• The Citizenship Act was passed by Parliament in 1955, soon after the Constitution came into force.
• This Act consolidates and amends the law relating to Indian citizenship and operationalises Article 11 of the Constitution.
• It lays down five modes of acquiring citizenship: birth, descent, registration, naturalisation, and incorporation of territory.
• The Act has been amended several times — notably in 1986, 2003, 2005, 2015, and 2019.
• The Citizenship Amendment Act (CAA), 2019 is the most recent and significant amendment, affecting non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan.
• Reference: M. Laxmikanth, Indian Polity; D.D. Basu, Introduction to the Constitution of India.

C. Obtaining citizenship by fraud or showing disloyalty to the Constitution

• Under Section 10, the Government of India may deprive a person of their citizenship acquired by registration or naturalisation (NOT by birth) on any of the following grounds:
• (a) The citizenship was obtained by fraud, false representation, or concealment of material facts.
• (b) The person has shown disloyalty or disaffection towards the Constitution of India.
• (c) The person has, during a war, traded with the enemy or communicated with the enemy.
• (d) The person has been sentenced to imprisonment for more than 2 years within 5 years of becoming a citizen.
• (e) The person has ordinarily resided outside India for 7 years (unless registered annually with an Indian consulate).
• Importantly, citizenship by BIRTH cannot be deprived — this protects jus soli citizens.
• Reference: Citizenship Act, 1955, Section 10; M. Laxmikanth, Indian Polity.

B. A person married to an Indian citizen and resident in India for 7 years

• Section 5 of the Citizenship Act, 1955 allows the following to apply for citizenship by registration:
• (a) A person of Indian origin who is ordinarily resident in India for 7 years.
• (b) A person of Indian origin who is ordinarily resident in any country or place outside undivided India.
• (c) A person who is married to an Indian citizen and is ordinarily resident in India for 7 years.
• (d) Minor children of persons who are Indian citizens.
• (e) A person of full age and capacity whose parents are registered as Indian citizens.
• (f) A person of full age and capacity who or whose parents were earlier citizens of independent India and has been ordinarily resident in India for 12 months immediately before application.
• Registration is distinct from naturalisation — registration is generally for persons with Indian connections; naturalisation is for others who have resided long-term in India.
• Reference: Citizenship Act, 1955, Section 5; M. Laxmikanth, Indian Polity.

C. Article 17

• Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.
• This right is available to both citizens and non-citizens — it is a universal provision against a specific social evil.
• Parliament enacted the Protection of Civil Rights Act, 1955 (originally called the Untouchability (Offences) Act, 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to give effect to Article 17.
• Article 17 is not subject to any reasonable restrictions — it is an absolute provision, unlike Article 19 freedoms which have restrictions.
• This provision is closely linked to citizenship because untouchability denied equal citizenship rights to a large section of Indians for centuries.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class IX Democratic Politics.

B. NRI is a full citizen abroad; OCI is a foreign national with special privileges — not full citizenship

• An NRI (Non-Resident Indian) is a full Indian citizen who is living abroad — they retain all rights of Indian citizenship including the right to vote and hold public office.
• An OCI (Overseas Citizen of India) is a foreign national (who was once an Indian citizen or is of Indian origin) who has been granted a special status — it is NOT full citizenship.
• OCI holders cannot vote, contest elections, or hold constitutional positions; NRIs can vote if they return to India on election day and are registered in electoral rolls.
• NRIs do not need a visa to enter India; OCI holders also get a lifelong multiple-entry visa.
• OCI was introduced by the Citizenship (Amendment) Act, 2005; the PIO (Person of Indian Origin) card scheme was merged with OCI in 2015.
• The key distinction: NRI = Indian citizen abroad; OCI = foreign national with Indian-origin privileges.
• Reference: M. Laxmikanth, Indian Polity; Citizenship Act, 1955, Sections 7A–7D.

C. An illegal migrant from a neighbouring country

• Citizenship by naturalisation can be refused if the applicant is an illegal migrant. The Citizenship Act, 1955 prohibits grant of citizenship to illegal migrants.
• An illegal migrant is defined as a foreigner who entered India without a valid passport/travel document OR who entered with valid documents but stayed beyond the permitted period.
• The Citizenship Amendment Act, 2019 created an exception for non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan — they will not be treated as illegal migrants for the purpose of naturalisation.
• A person against whom a warrant is pending, or who is an enemy alien, or who is a citizen of a country at war with India, is also generally ineligible.
• The Central Government has discretion to refuse naturalisation even if all conditions are met — it is not an absolute right.
• Reference: Citizenship Act, 1955, Sections 5 and 6; M. Laxmikanth, Indian Polity.

B. Central Government / Foreigners Tribunals

• Under Section 9(2) of the Citizenship Act, 1955, if a question arises as to whether a person has acquired citizenship of another country, it shall be determined by the Central Government.
• For NRC-related disputes in Assam, Foreigners Tribunals (quasi-judicial bodies) determine whether a person is a foreigner or not, under the Foreigners Act, 1946.
• The Supreme Court and High Courts can review citizenship-related decisions through writs (habeas corpus, mandamus, etc.).
• There is no standalone ‘Citizenship Court’ in India — different forums handle different aspects of citizenship disputes.
• The Foreigners Act, 1946 puts the burden of proof on the person accused of being a foreigner to prove that they are an Indian citizen — a reversal of the normal burden of proof.
• Reference: M. Laxmikanth, Indian Polity; Citizenship Act, 1955.

B. Assam

• The NRC was prepared and updated in Assam, making it the only state in India to have an updated NRC.
• The original NRC for Assam was prepared in 1951, based on the 1951 Census.
• The Assam Accord of 1985 set 24 March 1971 as the cut-off date — persons who came to Assam after this date (during the Bangladesh Liberation War) would be identified as illegal migrants.
• The Supreme Court directed the updation of the NRC in Assam through multiple orders (starting from 2013) in the Assam Sanmilita Mahasangha case.
• The final updated NRC for Assam was published on 31 August 2019 — about 19 lakh applicants were excluded.
• The NRC exercise is controversial as many genuine Indian citizens, especially Hindus and other minorities, were also excluded due to documentation issues.
• Reference: M. Laxmikanth, Indian Polity; NIOS Political Science.

C. Union List — only Parliament

• Citizenship is in the Union List (Schedule VII), which means only Parliament can legislate on citizenship.
• This is Entry 17 of the Union List: ‘Citizenship, naturalisation and aliens.’
• The Union List contains subjects of national importance where uniformity is essential — citizenship is the classic example.
• State legislatures have no power to define, modify, or regulate citizenship — any state law purporting to do so would be unconstitutional.
• This is a critical feature distinguishing Indian federalism (single citizenship, centralised citizenship laws) from US federalism (state citizenship existed historically alongside federal citizenship).
• Reference: Seventh Schedule, Constitution of India; M. Laxmikanth, Indian Polity; NCERT Class XI Political Science.

C. Permanent legal residence with intent to remain

• ‘Domicile’ in citizenship law means a person’s permanent home or the country they consider their permanent legal residence, with the intention to remain there indefinitely.
• Under Article 5 of the Constitution, ‘domicile in the territory of India’ was one of the conditions for citizenship at commencement.
• Domicile is different from ordinary residence: a person may be ordinarily resident in a country for a period without intending to make it their permanent home.
• For citizenship purposes, domicile implies both physical presence and the animus manendi — the intention to make that place a permanent home.
• In the context of the Citizenship Act, 1955, domicile is relevant for naturalisation — the applicant must be domiciled in India.
• The concept of domicile in Indian law is also relevant for matrimonial cases and succession (not just citizenship).
• Reference: D.D. Basu, Introduction to the Constitution of India; Constituent Assembly Debates.

D. Bangladesh and Afghanistan

• The CAA, 2019 provides fast-track citizenship to non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan who entered India on or before 31 December 2014.
• The six religious minorities covered are: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
• The rationale given by the Government was that these are Islamic states where these minorities face religious persecution.
• Myanmar and Sri Lanka (which also have persecuted minorities — Rohingyas and Tamils respectively) were NOT included, a point critics highlighted.
• Under CAA, the residency requirement for naturalisation is reduced from 11 years to 5 years for these specified groups.
• The constitutionality of CAA is being challenged in the Supreme Court; the main argument against it is that it violates Article 14 (right to equality) by using religion as a basis for differential treatment.
• Reference: Citizenship Amendment Act, 2019; M. Laxmikanth, Indian Polity.

C. 11 years out of last 14 years

• The general requirement for naturalisation is 11 years of residence in India during the last 14 years, including the last 12 months before application.
• This is a stringent requirement designed to ensure genuine integration with Indian society.
• Special relaxations exist: persons married to Indian citizens need only 5 years’ residence; persons of full age and capacity who are citizens of certain countries may get relaxation.
• The Citizenship Amendment Act, 2019 reduces the requirement to 5 years for non-Muslim minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Bangladesh, and Afghanistan who entered India before 31 December 2014.
• Naturalisation also requires the applicant to renounce their previous citizenship and take an oath of allegiance.
• Reference: Citizenship Act, 1955, Third Schedule; M. Laxmikanth, Indian Polity.

B. On grounds of religion race caste sex or place of birth

• Article 15 prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth.
• This right is available only to citizens, not to all persons.
• Clause (1) prohibits state discrimination; Clause (2) prohibits discrimination by private individuals in access to public places, shops, hotels, places of public entertainment, and wells, tanks, bathing ghats, roads and public resorts maintained wholly or partly out of State funds.
• Clauses (3) and (4) allow the state to make special provisions for women, children, and socially and educationally backward classes or SCs/STs — these are exceptions to the general prohibition.
• Clause (5) (added by 93rd Amendment, 2005) allows reservations in private educational institutions for backward classes, SCs, and STs.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

B. Within one year of attaining majority (age 18)

• Under Section 8(2) of the Citizenship Act, 1955, if a minor’s citizenship is renounced by their parents, the minor has a right to resume Indian citizenship after attaining majority.
• This right must be exercised within one year of attaining the age of 18.
• This provision protects minors from permanent loss of citizenship due to decisions made on their behalf by parents without the minor’s consent.
• The minor, upon resuming citizenship, must make a declaration of resumption to the prescribed authority.
• This is an important safeguard for children of Indian citizens who acquire foreign citizenship during childhood due to parental decisions.
• Reference: Citizenship Act, 1955, Section 8(2); M. Laxmikanth, Indian Polity.

B. Article 14 (right to equality) and secular basic structure

• The CAA, 2019 has been challenged primarily as violating Article 14 of the Constitution (right to equality / equal protection of laws).
• The argument is that using religion as a basis for differential treatment in naturalisation violates the constitutional guarantee of equality before law.
• Critics also argue it violates the basic structure of the Constitution (secular character) as established in Kesavananda Bharati v. State of Kerala (1973).
• Some petitions argue it violates Article 21 (right to life and personal liberty) and Article 25 (freedom of conscience and religion) as well.
• The government’s defence is that CAA deals with a specific class of persecuted religious minorities from specific countries, and the classification has a rational nexus with the object.
• As of early 2024, over 200 petitions challenging CAA are pending before the Supreme Court.
• Reference: M. Laxmikanth, Indian Polity; Article 14, Constitution of India.

C. Citizenship at commencement of Constitution

• Article 5 defines citizenship at the commencement of the Constitution, i.e., 26 January 1950.
• A person was considered a citizen at commencement if: (a) they were domiciled in India and (b) either born in India, or had a parent born in India, or had been ordinarily resident in India for at least 5 years.
• This article applied only at the moment the Constitution came into force — it is not a continuing provision.
• It was necessary to determine who the initial citizens of independent India were after Partition.
• Article 5 must be read alongside Articles 6, 7, and 8 to get the complete picture of citizenship at commencement.
• Reference: Constituent Assembly Debates; D.D. Basu, Introduction to the Constitution of India.

B. Proviso to Section 6(1) and the Third Schedule

• The CAA 2019 amended the Third Schedule (which lists conditions for naturalisation) and inserted a proviso to Section 6(1) of the Citizenship Act, 1955.
• Under the standard provision, 11 of the last 14 years of residence is required for naturalisation.
• The CAA 2019 proviso reduces this to 5 years for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who entered India on or before 31 December 2014.
• This is the central operative provision of the CAA — without it, persecuted minorities from these countries would face the standard 11-year wait.
• This provision does not apply to Muslims from these countries — they must meet the standard 11-year residency requirement.
• Reference: Citizenship Amendment Act, 2019; Citizenship Act, 1955, Section 6 and Third Schedule; M. Laxmikanth, Indian Polity.

C. OCI holders cannot vote or hold constitutional offices

• OCI is not full citizenship — it is a special status introduced in 2005 that gives certain rights to PIOs (Persons of Indian Origin) who are now foreign nationals.
• OCI holders get a multiple-entry, multi-purpose lifelong visa; exemption from registration with the FRRO for any length of stay; and parity with NRIs in most economic, financial, and educational fields.
• However, OCI holders CANNOT vote, contest elections, hold constitutional posts (President, VP, Governor), or work in government jobs.
• The PIO card scheme was merged with OCI in 2015, so all PIO cardholders became OCI cardholders.
• OCI is often called ‘dual citizenship’ colloquially, but legally India does not recognise dual citizenship — OCI is a long-term resident status, not citizenship.
• Reference: Citizenship Act, 1955 (Section 7A–7D); M. Laxmikanth, Indian Polity.

B. Speech expression assembly association movement residence and profession

• Article 19 guarantees six fundamental freedoms exclusively to citizens of India. These are:
• (1) Freedom of speech and expression [Art. 19(1)(a)]
• (2) Freedom to assemble peaceably and without arms [Art. 19(1)(b)]
• (3) Freedom to form associations or unions [Art. 19(1)(c)]
• (4) Freedom to move freely throughout the territory of India [Art. 19(1)(d)]
• (5) Freedom to reside and settle in any part of India [Art. 19(1)(e)]
• (6) Freedom to practise any profession, or to carry on any occupation, trade or business [Art. 19(1)(g)]
• Note: Originally there were SEVEN freedoms — the right to acquire, hold and dispose of property [Art. 19(1)(f)] was deleted by the 44th Constitutional Amendment, 1978.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

C. Article 9

• Article 9 states that if a person voluntarily acquires the citizenship of any foreign state, they shall not be a citizen of India.
• The word ‘voluntarily’ is key — acquisition by marriage or automatic operation of foreign law may not necessarily attract this provision.
• This reflects India’s stance of not permitting dual citizenship (with a very limited exception under OCI status).
• The Supreme Court has interpreted ‘voluntary acquisition’ narrowly — it requires a conscious, deliberate act.
• This article operates alongside the Citizenship Act, 1955, which also provides for renunciation and termination of Indian citizenship.
• Reference: D.D. Basu, Introduction to the Constitution of India; M. Laxmikanth, Indian Polity.

B. Part III

• Part III of the Indian Constitution (Articles 12–35) guarantees Fundamental Rights to citizens (and some to all persons).
• Part III is often called the ‘Magna Carta of India’ — it guarantees rights against state action.
• The Fundamental Rights include: Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30), and Right to Constitutional Remedies (Article 32).
• Some Fundamental Rights are available only to citizens (like Articles 15, 16, 19, 29, 30), while others are available to all persons on Indian territory (like Articles 14, 20, 21, 22, 23, 24).
• The Right to Property was removed from Fundamental Rights by the 44th Constitutional Amendment, 1978 and made a legal right under Article 300A.
• Reference: M. Laxmikanth, Indian Polity; NCERT Class XI Political Theory.

B. Drafting Committee chaired by Dr. B.R. Ambedkar

• The Drafting Committee of the Constituent Assembly, chaired by Dr. B.R. Ambedkar, was responsible for drafting and finalising the articles on citizenship.
• Ambedkar himself addressed the Constituent Assembly at length on the complexities of defining citizenship in the context of Partition, massive migration, and the merger of princely states.
• The Union Constitution Committee (chaired by Jawaharlal Nehru) and the Advisory Committee on Fundamental Rights (chaired by Sardar Vallabhbhai Patel) also contributed to debates on citizenship-related rights.
• The Constituent Assembly Debates reveal that citizenship provisions were among the most debated — the question of who should be a citizen at commencement was contentious given millions of displaced persons.
• B.N. Rau (Constitutional Adviser) also played a key role in drafting citizenship provisions based on comparative constitutions.
• Reference: Granville Austin, The Indian Constitution: Cornerstone of a Nation; Constituent Assembly Debates, Vol. IX.

C. Purchase

• The five modes of acquiring Indian citizenship under the Citizenship Act, 1955 are: Birth, Descent, Registration, Naturalisation, and Incorporation of Territory.
• Purchase is NOT a mode of acquiring citizenship anywhere in Indian law — citizenship cannot be bought.
• Naturalisation requires residing in India for 11 of the last 14 years (the period was reduced to 5 years for certain categories under CAA 2019).
• Citizenship by descent applies to those born outside India to Indian parents.
• Citizenship by incorporation applies when a new territory joins India (e.g., Goa in 1961, Sikkim in 1975).
• Reference: Citizenship Act, 1955; M. Laxmikanth, Indian Polity.