Indian Citizenship: Laws, Acquisition, and Amendments

What do Articles 5-11 of the Indian Constitution cover regarding citizenship?

Articles 5 to 11, located in Part II of the Indian Constitution, lay down the foundational principles of citizenship at the time of the Constitution's commencement on January 26, 1950. These articles address who was considered a citizen at that specific historical juncture and grant Parliament the authority to legislate on citizenship matters. They also cover specific scenarios like migration during partition and the status of persons of Indian origin residing abroad, ensuring a clear framework for initial citizenship status and its continuity.

• Article 5: Defines citizenship for individuals domiciled in India at the Constitution's commencement.
• Article 6: Grants citizenship rights to certain migrants who came to India from Pakistan.
• Article 7: Addresses citizenship rights for individuals who migrated from India to Pakistan and then returned.
• Article 8: Provides citizenship rights for persons of Indian origin residing outside India.
• Article 9: States that voluntary acquisition of foreign citizenship leads to loss of Indian citizenship.
• Article 10: Ensures the continuance of citizenship rights, subject to parliamentary law.
• Article 11: Empowers the Parliament to enact laws regulating the acquisition and termination of citizenship.

How was Indian citizenship acquired before January 26, 1950?

Before the formal enactment of the Citizenship Act 1955, the Indian Constitution, specifically Article 5, outlined the criteria for citizenship at its commencement on January 26, 1950. This provision aimed to establish who would be considered a citizen from day one of the Republic. It primarily focused on individuals who had a domicile in India and met certain conditions related to their birth or their parents' birth within Indian territory, or their period of ordinary residence, ensuring a clear initial definition of the citizenry.

• Born in India: Individuals born within the territory of India were granted citizenship.
• One Parent Born in India: Persons whose either parent was born in India also qualified for citizenship.
• Ordinary Resident for at least 5 years: Those who had been ordinarily resident in India for at least five years immediately preceding the commencement of the Constitution were eligible.

What are the primary methods of acquiring and losing Indian citizenship under the 1955 Act?

The Citizenship Act of 1955 is the principal legislation governing the acquisition and loss of Indian citizenship after the Constitution's commencement. It provides comprehensive pathways for individuals to become citizens and outlines the circumstances under which citizenship can be relinquished or revoked. This act has been amended multiple times to adapt to changing societal needs and geopolitical realities, ensuring a dynamic framework for managing national identity and belonging within the country's legal system.

• Acquisition by Birth: Citizenship granted to individuals born in India after a specific date, with certain exceptions.
• Acquisition by Descent: Citizenship conferred on individuals born outside India if their parent was an Indian citizen.
• Acquisition by Registration: Available to persons of Indian origin or those married to Indian citizens, requiring a minimum of seven years residency.
• Acquisition by Naturalization: Open to non-Indian citizens who have resided in India for at least twelve years and meet other specified conditions.
• Acquisition by Incorporation of Territory: When a new territory becomes part of India, its residents may be granted citizenship.
• Loss by Renunciation: A citizen voluntarily declares their intention to give up Indian citizenship.
• Loss by Termination: Occurs when an Indian citizen voluntarily acquires citizenship of another country.
• Loss by Deprivation: The government can compulsorily terminate citizenship under specific conditions, such as fraud or disloyalty.

What significant changes did the Citizenship Amendment Act (CAA) 2019 introduce?

The Citizenship Amendment Act (CAA) 2019 introduced notable changes to the Citizenship Act of 1955, primarily by providing a pathway to Indian citizenship for specific religious minorities who have fled persecution from three neighboring countries. This amendment aims to regularize the status of undocumented migrants from these nations, reducing the residency requirement for naturalization for these particular groups. It represents a significant policy shift, focusing on humanitarian considerations for certain communities while generating considerable public discourse regarding its scope and implications for national identity.

• Applies to Hindu, Sikh, Parsi, Jain, Christian, Buddhist communities from Bangladesh, Afghanistan, and Pakistan.
• Reduces the residency requirement for naturalization for these specific groups to six years.
• Explicitly excludes Muslims from the specified countries from this expedited naturalization process.
• Knowledge of one Indian language listed in Schedule 8 of the Constitution is also a consideration for naturalization.

Why does India adopt a system of single citizenship?

India's adoption of a single citizenship system, modeled after the United Kingdom, means that all citizens owe allegiance only to the Union of India, not to individual states. This unitary approach aims to foster national unity and integrity, preventing regional loyalties from overshadowing national identity. It ensures that every citizen enjoys the same rights and responsibilities across the entire country, promoting a sense of shared nationhood and discouraging any form of dual allegiance that could potentially undermine the cohesion of the diverse Indian federation.