Citizenship
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Rights and Privileges of Indian Citizens
Right Against Discrimination (Article 15):
- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Right to Equality of Opportunity (Article 16):
- Ensures equal opportunity in public employment.
Right to Freedom (Article 19):
- Includes freedoms of speech and expression, assembly, association, movement, residence, and profession.
Cultural and Educational Rights (Articles 29 and 30):
- Protects the rights of minorities to preserve their culture and establish educational institutions.
Right to Vote:
- Citizens have the right to vote in Lok Sabha and state legislative assembly elections.
Right to Contest Elections:
- Citizens can contest for membership in the Parliament and state legislatures.
Eligibility for Public Offices:
- Citizens can hold certain public offices: President, Vice-President, Supreme Court and High Court judges, Governors, Attorney General of India, and Advocate General of states.
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Single Citizenship in India
Single Citizenship Concept:
- Unified Citizenship: India, despite being a federal state with dual polity (Centre and states), provides only a single citizenship - Indian citizenship.
- Contrast with Double Citizenship: Unlike federal states like the USA and Australia, India does not have double citizenship, thus avoiding issues like state-based discrimination in voting, holding public office, and practicing professions.
Uniform Rights Across India:
- Equal Rights: All Indian citizens enjoy the same political and civil rights irrespective of their state of birth or residence, ensuring no discrimination among states.
Exceptions to the General Rule:
- Employment Preference: Parliament can mandate residence within a state/union territory for certain jobs (Article 16).
- Special State Benefits: States can offer special benefits to their residents, as long as these do not conflict with the constitutional rights of Indian citizens (Article 15).
- Protection of Tribal Interests: Freedom of movement and residence can be restricted to protect the interests and culture of scheduled tribes (Article 19).
Purpose:
- Preventing Discrimination: Single citizenship avoids the potential for discrimination found in systems with dual citizenship.
- Cultural Protection: Special provisions protect the unique cultural, linguistic, and traditional practices of scheduled tribes.
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Citizenship Categories on January 26, 1950
Domicile in India - Criteria:
- Born in India, or
- Parent born in India, or
- Resident in India for five years before January 26, 1950.
Migration from Pakistan:
- Born in undivided India or either of their parents/grandparents were born in undivided India.
- Pre-July 19, 1948: Resident in India since migration.
- Post-July 19, 1948: Registered as a citizen after six months of residence before applying.
Return from Pakistan:
- Migrated to Pakistan after March 1, 1947, but returned for resettlement.
- Six months residence in India before registration application.
Born Outside India:
- Born in undivided India or either of their parents/grandparents were born in undivided India.
- Registered as a citizen by an Indian diplomatic or consular representative in their country of residence, before or after the Constitution's commencement.
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Acquisition of Citizenship in India
1. By Birth:
- A person born in India: Jan 26, 1950 - Jun 30, 1987: citizen of India by birth, irrespective of parents' nationality.
- A person born in India: Jul 1, 1987 - Dec 2, 2004: citizen of India, if one parent is Indian at the time of his/her birth.
- A person born in India: From Dec 3, 2004: citizen of India, if both parents are Indian, or one parent is Indian and the other is not an illegal migrant.
2. By Descent:
- A person born outside India: Jan 26, 1950 - Dec 9, 1992: citizen of India, if father is Indian at the time of his/her birth.
- A person born outside India: From Dec 10, 1992: citizen of India, if either parent is Indian at the time of his/her birth.
- A person born outside India: From Dec 3, 2004: citizen of India, if birth is registered at an Indian consulate within one year or with Central Government's permission, after the expiry of the said period. Must renounce foreign citizenship of another country within six months of his/her attaining full age.
3. By Registration - Eligible categories (not illegal migrants):
- Indian origin resident in India for 7 years.
- Indian origin resident outside undivided India.
- Married to an Indian citizen, resident for 7 years.
- Minor children of Indian citizens.
- Parents registered as Indian citizens.
- Former citizens of independent India, resident for 12 months.
- Registered as an Overseas Citizen of India cardholder for 5 years, resident for 12 months.
4. By Naturalisation - Qualifications (not illegal migrants):
- Not a citizen of a country preventing Indian citizenship by naturalisation.
- Willing to renounce other citizenship.
- Resided in India for 12 months before application.
- Resided in India for 11 years in 14 years before the application [5 years for specified communities (Hindu, Sikh, Buddhist, Jain, Parsi or Christian) from Afghanistan, Bangladesh, or Pakistan].
- Good character.
- Knowledge of a language in the Eighth Schedule.
- Intends to reside in India or serve under the Indian Government.
- Waivers for distinguished service to science, philosophy, art, literature, world peace, or human progress.
5. By Incorporation of Territory:
- If a foreign territory becomes part of India, specified persons become Indian citizens from the notified date.
- Example: Pondicherry in 1962.
6. Special Provisions under the Assam Accord:
- Pre-Jan 1, 1966: Persons of Indian origin from Bangladesh, resident in Assam, deemed citizens from Jan 1, 1966.
- Jan 1, 1966 - Mar 25, 1971: Persons from Bangladesh, resident in Assam, must register and will be deemed citizens after 10 years, with all rights except voting in the interim.
7. Special Provisions for Migrants from Afghanistan, Bangladesh, or Pakistan:
- Citizenship (Amendment) Act, 2019: Hindu, Sikh, Buddhist, Jain, Parsi, Christian communities from these countries, entering before Dec 31, 2014, can be granted citizenship.
- Proceedings for illegal migration/citizenship abate upon citizenship conferment.
- Not applicable to tribal areas in Assam, Meghalaya, Mizoram, Tripura, and areas under the Inner Line notified under the Bengal Eastern Frontier Regulation, 1873.
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Loss of Citizenship in India
1. By Renunciation:
- A citizen of full age and capacity can renounce Indian citizenship by declaration.
- Upon registration of the declaration, the person ceases to be a citizen of India.
- During wartime, the declaration's registration may be withheld by the Central Government.
- Minor children of a person who renounces citizenship also lose their citizenship but can resume it within one year after turning eighteen.
2. By Termination:
- Indian citizenship automatically terminates if a citizen voluntarily acquires another country's citizenship.
- This does not apply during wartime.
3. By Deprivation:
- The Central Government can terminate citizenship if:
- Citizenship was obtained by fraud.
- The citizen has shown disloyalty to the Constitution.
- The citizen unlawfully traded or communicated with the enemy during a war.
- The citizen was imprisoned for two years within five years after registration or naturalisation.
- The citizen has been a continuous resident outside India for seven years.
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Overseas Citizenship of India (OCI)
Background:
- September 2000: High Level Committee on Indian Diaspora, chaired by L.M. Singhvi, established by the Ministry of External Affairs.
- January 2002: Committee recommended amendments to grant dual citizenship to Persons of Indian Origin (PIOs) from specified countries.
Legislative Changes:
- Citizenship (Amendment) Act, 2003:
- Provided for acquisition of OCI by PIOs from 16 specified countries, excluding Pakistan and Bangladesh.
- Removed provisions related to Commonwealth Citizenship.
Citizenship (Amendment) Act, 2005:
- Expanded OCI eligibility to PIOs from all countries (except Pakistan and Bangladesh) that allow dual citizenship.
- Clarified that OCI is not dual citizenship, as the Indian Constitution forbids dual nationality (Article 9).
Citizenship (Amendment) Act, 2015:
- Merged PIO and OCI schemes into the "Overseas Citizen of India Cardholder" scheme.
- PIO Card Scheme: Introduced on August 19, 2002.
- OCI Card Scheme: Introduced on December 2, 2005.
- January 9, 2015: PIO scheme rescinded; all existing PIO cardholders deemed OCI cardholders.
Key Points:
- OCI grants certain privileges to PIOs without providing full dual citizenship.
- The OCI cardholder scheme simplifies the process and benefits for PIOs by merging previous schemes.
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Registration of Overseas Citizen of India (OCI) Cardholder by Central Government (Eligibility Criteria)
(a) Persons of Full Age and Capacity:
- Citizens of another country who were citizens of India at or after the commencement of the Constitution.
- Citizens of another country eligible to become Indian citizens at the time of the Constitution's commencement.
- Citizens of another country who belonged to a territory that became part of India after August 15, 1947.
- Children, grandchildren, or great-grandchildren of such citizens.
(b) Minor Children:
- Minor children of persons mentioned in clause (a).
- Minor children with both parents or one parent as Indian citizens.
(c) Spouse of Foreign Origin:
- Spouse of an Indian citizen or OCI cardholder, with a registered and subsisting marriage for at least two years preceding the application.
Exclusions:
- Persons with parents, grandparents, or great-grandparents who are or were citizens of Pakistan, Bangladesh, or any other country specified by the Central Government are not eligible for OCI registration.
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Rights Not Entitled to Overseas Citizen of India (OCI) Cardholders
An OCI cardholder does not have the following rights, which are reserved for Indian citizens:
- (a) Right to equality of opportunity in public employment (Article 16).
- (b) Eligibility for election as President (Article 58).
- (c) Eligibility for election as Vice-President (Article 66).
- (d) Eligibility for appointment as a Judge of the Supreme Court (Article 124).
- (e) Eligibility for appointment as a Judge of the High Court (Article 217).
- (f) Right to register as a voter.
- (g) Eligibility to be a member of the House of the People (Lok Sabha) or the Council of States (Rajya Sabha).
- (h) Eligibility to be a member of the State Legislative Assembly or the State Legislative Council.
- (i) Eligibility for appointment to public services and posts in connection with the affairs of the Union or any State, except as specified by the Central Government.
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Non-Resident Indian (NRI)
Who:
- An Indian citizen residing outside India who holds an Indian passport.
Benefits:
- Enjoys all benefits available to Indian citizens, subject to government notifications.
Visa Requirements:
- Does not require a visa to visit India.
Registration with Local Police:
- Not required to register with local police authorities in India.
Permitted Activities:
- Can undertake all activities in India.
Citizenship:
- Already an Indian citizen.
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Person of Indian Origin (PIO)
Who:
- A foreign citizen who has Indian ancestry or held an Indian passport at some point in time.
Eligibility Criteria:
- Previously held an Indian passport.
- Has Indian ancestry: If the applicant, or any of their parents, grandparents, or great-grandparents were born in India and were permanent residents, as long as none of them were citizens of Pakistan, Bangladesh, or any other country specified by the government.
- Spouse of an Indian citizen: If the applicant is married to a person of Indian origin who meets any of the above conditions.
Visa Requirements:
- Requires a visa to visit India.
Registration with Local Police:
- Must register with local police authorities if staying for more than 180 days.
Permitted Activities:
- Can undertake activities as per the type of visa obtained.
Acquiring Indian Citizenship:
- Must be an ordinarily resident in India for 7 years before applying for registration under the Citizenship Act, 1955.
Reference: Indian Polity by M Laxmikanth
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