Pinnacle IAS Indian polity laxmikanth

2017

Citizenship
5
6
7
8
9
10
11

Citizenship at the commencement of the Constitution

Rights of citizenship of certain persons who have migrated to India from Pakistan
Rights of citizenship of certain migrants to Pakistan
Rights of citizenship of certain persons of Indian origin residing outside India
Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Continuance of the rights of citizenship
Parliament to regulate the right of citizenship by law

Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political
rights.
Aliens, on the other hand, are the
citizens of some other state and
hence, do not enjoy all the civil and
political rights
Constitution confers the following
rights and privileges on the citizens
of India (and denies the same to
aliens):
1. Right against discriminat-ion
on grounds of religion, race,
caste, sex or place of birth
(Article 15).
2. Right to equality of opportunity in the matter of public employment (Article 16).
3. Right to freedom of speech and expression, assembly, association, movement, residence and
profession (Article 19).
4. Cultural and educational rights (Articles 29 and 30).
5. Right to vote in elections to the Lok Sabha and state legislative assembly.
6. Right to contest for the membership of the Parliament and the state legislature.
7. Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges
of the Supreme Court and the high courts, governor of states, attorney general of India and
advocate general of states.
Along with the above rights, the citizens also owe certain duties towards the Indian State

Constitutional Provisions

Constitution deals with the citizenship from Articles 5 to 11 under Part II. However, it contains neither
any permanent nor any elaborate provisions in this regard. It only identifies the persons who became
citizens of India at its commencement (i.e., on January 26, 1950).
It does not deal with the problem of acquisition or loss of citizenship subsequent to its
commencement.

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Pinnacle IAS Indian polity laxmikanth

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It empowers the Parliament to enact a law to provide for such matters and any other matter relating
to citizenship.

Acquisition of Citizenship
1. By Birth: A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of
India by birth irrespective of the nationality of his parents
2. By Descent: A person born outside India is a citizen of India by descent, if his father was a citizen of
India at the time of his birth.
3. By Registration: The Central Government may, on an application, register as a citizen of India any
person (not being an illegal migrant) if he belongs to some categories.
a. a person who is married to a citizen of India and is ordinarily resident in India for seven years
before making an application for registration
b. a person of full age and capacity whose parents are registered as citizens of India
Birth/marital connection with India
4. By Naturalisation: The Central Government may, on an application, grant a certificate of naturalisation
to any person (not being an illegal migrant) if he possesses the following qualifications
a. good character
b. he has an adequate knowledge of a language specified in the Eighth Schedule to the
Constitution
Has no connection with India

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Pinnacle IAS Indian polity laxmikanth

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5. By Incorporation of Territory: If any foreign territory becomes a part of India, the Government of India
specifies the persons who among the people of the territory shall be the citizens of India
Loss of Citizenship

By Renunciation
a) Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship.
b) If such a declaration is made during a war in which India is engaged, its registration shall be
with held by the Central Government.
By Termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue
influence or compulsion) acquires the citizenship of another country, his Indian citizenship
automatically terminates
By Deprivation It is a compulsory termination of Indian citizenship by the Central government, if:
a) the citizen has obtained the citizenship by fraud
b) the citizen has shown disloyalty to the Constitution of India
c) the citizen has unlawfully traded or communicated with the enemy during a war
d) the citizen has, within five years after registration or naturalisation, been imprisoned in any
country for two years
e) the citizen has been ordinarily resident out of India for seven years continuously

Single Citizenship
Person of Indian Origin (PIO) Card Holder

Overseas Citizen of India (OCI)

A person registered as PIO card holder under the

Ministry of Home Affairs scheme dated 19-08-2002

A person registered as Overseas Citizen of India (OCI)

under the Citizenship Act, 1955. The OCI scheme is
operational from 02-12-2005.

Any person (i) who at any time held an Indian

passport; or (ii)he or either of his parents or
grandparents or great grandparents was born in and
was permanently resident in India as defined in the
Government of India Act, 1935 and other territories
that became part of India thereafter provided neither
was at any time a citizen of Afghanistan, Bangladesh,
Bhutan, China, Nepal, Pakistan and Sri Lanka; or (iii) he
is a spouse of a citizen of India or a person of Indian
origin as mentioned above.

A foreign national who (i) was eligible to become a

citizen of India on 26-01-1950; or (ii) was a citizen of
India on or at any time after 26-01-1950; or
(iii)belonged to a territory that became part of India
after 15-08-1947; or (iv) his/her children and
grandchildren; or (v) minor children of such person.
However, if the applicant had ever been a citizen of
Pakistan or Bangladesh, he/she will not be eligible for
OCI

Rs.15000/- or equivalent in local currency for adults. US $ 275 or equivalent in local currency. In case of PIO
For the children up to the age of 18 years, the fee is card holders, it is US $ 25 or equivalent in local
Rs.7500/- or equivalent in local currency.
currency
PIOs of all countries except Afghanistan, Bangladesh, PIOs of all countries except Pakistan and Bangladesh.
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Pinnacle IAS Indian polity laxmikanth

2017

Bhutan, China, Nepal, Pakistan and Sri Lanka.

Shall not require a separate visa to visit India.

Will be exempt from the requirements of
registration if his/her stay on any single visit in
India does not exceed 180days. In the event of
continuous stay in India exceeding 180days,
he/she shall have to get himself/herself
registered within 30 days of the expiry of 180
days with the concerned FRRO/FRO.
Parity with NRIs in respect of all facilities
available to the latter in the economic,
financial and educational fields except in
matters relating to the acquisition of
agricultural / plantation properties. No parity
shall be allowed in the sphere of political
rights

A multiple entry, multi-purpose lifelong visa

for visiting India.
Exemption from registration with local police
authority for any length of stay in India.
Parity with NRIs in respect of economic,
financial and educational fields except in
relation to the acquisition of agricultural or
plantation properties.
No parity shall be allowed in the sphere of
political rights.

He/she has to reside in India for minimum 7 years He/she may be granted Indian citizenship after 5years
before making application for granting Indian from date of registration provided he/she stays for
citizenship.
one year in India before making application.

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