Citizenship - Notes | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
 
CITIZENSHIP 
Who is a citizen? 
• A citizen very broadly entails a person who is considered legal 
member of a sovereign State under a custom or law and enjoys 
certain social and political rights in lieu of certain duties 
performed by him/her. The principle of equality is an abiding 
feature of citizenship.  
• Citizens are members of the community rather than territory 
and hold some sort of allegiance to the State. Aliens, on the 
other hand, are the citizens of some other state and hence, do not 
enjoy all the civil and political rights. They are of two 
categories—friendly aliens or enemy aliens.  
• According to Aristotle, citizen is he “who has the power to take 
part in the deliberative or judicial administration of any state is 
said by us to be a citizen of that state”. While direct democracy 
is not possible any more, the fact that the Indian democracy 
looks at its people as the political sovereign fulfils this 
definition.  
Provisions in the Constitution: 
• Prior to independence, Indians, resident and born in British 
India came under the direct dominion of and bore allegiance to 
the British Crown, and held the status of British subject. From 1 
January 1915, the British Nationality and Status of Aliens Act 
1914 defined British subjects as those born or naturalised in the 
British Sovereign's dominions (including British India), women 
married to men born or naturalised in the aforementioned Crown 
dominions and children legitimately born to a British subject 
father anywhere in the world. 
Page 2


 
 
CITIZENSHIP 
Who is a citizen? 
• A citizen very broadly entails a person who is considered legal 
member of a sovereign State under a custom or law and enjoys 
certain social and political rights in lieu of certain duties 
performed by him/her. The principle of equality is an abiding 
feature of citizenship.  
• Citizens are members of the community rather than territory 
and hold some sort of allegiance to the State. Aliens, on the 
other hand, are the citizens of some other state and hence, do not 
enjoy all the civil and political rights. They are of two 
categories—friendly aliens or enemy aliens.  
• According to Aristotle, citizen is he “who has the power to take 
part in the deliberative or judicial administration of any state is 
said by us to be a citizen of that state”. While direct democracy 
is not possible any more, the fact that the Indian democracy 
looks at its people as the political sovereign fulfils this 
definition.  
Provisions in the Constitution: 
• Prior to independence, Indians, resident and born in British 
India came under the direct dominion of and bore allegiance to 
the British Crown, and held the status of British subject. From 1 
January 1915, the British Nationality and Status of Aliens Act 
1914 defined British subjects as those born or naturalised in the 
British Sovereign's dominions (including British India), women 
married to men born or naturalised in the aforementioned Crown 
dominions and children legitimately born to a British subject 
father anywhere in the world. 
 
 
• Indians resident and born in a princely state (also known as an 
"Indian state" or a "Native state") under the British Raj, or in 
any other British protectorate or protected state under the British 
government, held the status of British protected person. This 
status extended to the wives and legitimate offspring of male 
subjects of those states. British protected persons were 
considered de jure foreigners, but could travel on British-issued 
passports. 
• After the formulation of Constitution, certain imperative 
elements regarding citizenship were mention in itself. The 
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). According to Niraja Gopal Jayal, the 
Articles on citizenship have a pronounced quality of immediacy, 
of belonging only to the moment of their enactment.  
• The modalities of Constitutional provisions are concerned with 
the peculiar situation arising out of the partition. Hence, it is 
geared towards determining the status of people migrating 
from India to Pakistan and vice versa. It does not deal with 
the problem of acquisition or loss of citizenship subsequent to 
its commencement. It empowers the Parliament to enact a law to 
provide for such matters and any other matter relating to 
citizenship.  
• Accordingly, the Parliament has enacted the Citizenship Act, 
1955, which has been amended in 1957, 1960, 1985, 1986, 
1992, 2003, 2005 and 2015.  The Constitution, meanwhile, 
creates four categories of persons who became the citizens of 
Page 3


 
 
CITIZENSHIP 
Who is a citizen? 
• A citizen very broadly entails a person who is considered legal 
member of a sovereign State under a custom or law and enjoys 
certain social and political rights in lieu of certain duties 
performed by him/her. The principle of equality is an abiding 
feature of citizenship.  
• Citizens are members of the community rather than territory 
and hold some sort of allegiance to the State. Aliens, on the 
other hand, are the citizens of some other state and hence, do not 
enjoy all the civil and political rights. They are of two 
categories—friendly aliens or enemy aliens.  
• According to Aristotle, citizen is he “who has the power to take 
part in the deliberative or judicial administration of any state is 
said by us to be a citizen of that state”. While direct democracy 
is not possible any more, the fact that the Indian democracy 
looks at its people as the political sovereign fulfils this 
definition.  
Provisions in the Constitution: 
• Prior to independence, Indians, resident and born in British 
India came under the direct dominion of and bore allegiance to 
the British Crown, and held the status of British subject. From 1 
January 1915, the British Nationality and Status of Aliens Act 
1914 defined British subjects as those born or naturalised in the 
British Sovereign's dominions (including British India), women 
married to men born or naturalised in the aforementioned Crown 
dominions and children legitimately born to a British subject 
father anywhere in the world. 
 
 
• Indians resident and born in a princely state (also known as an 
"Indian state" or a "Native state") under the British Raj, or in 
any other British protectorate or protected state under the British 
government, held the status of British protected person. This 
status extended to the wives and legitimate offspring of male 
subjects of those states. British protected persons were 
considered de jure foreigners, but could travel on British-issued 
passports. 
• After the formulation of Constitution, certain imperative 
elements regarding citizenship were mention in itself. The 
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). According to Niraja Gopal Jayal, the 
Articles on citizenship have a pronounced quality of immediacy, 
of belonging only to the moment of their enactment.  
• The modalities of Constitutional provisions are concerned with 
the peculiar situation arising out of the partition. Hence, it is 
geared towards determining the status of people migrating 
from India to Pakistan and vice versa. It does not deal with 
the problem of acquisition or loss of citizenship subsequent to 
its commencement. It empowers the Parliament to enact a law to 
provide for such matters and any other matter relating to 
citizenship.  
• Accordingly, the Parliament has enacted the Citizenship Act, 
1955, which has been amended in 1957, 1960, 1985, 1986, 
1992, 2003, 2005 and 2015.  The Constitution, meanwhile, 
creates four categories of persons who became the citizens of 
 
 
India at its commencement i.e., on 26 January, 1950. These 
categories are: 
• Article 5- A person who had his domicile in India and also 
fulfilled any one of the three conditions, viz., if he was born in 
India; or if either of his parents was born in India; or if he 
has been ordinarily resident in India for five years 
immediately before the commencement of the Constitution, 
became a citizen of India. Article 5, according to Jayal saw jus 
soli (associated with birth in territory) associated with the Indian 
idea of citizenship which over time has been seen as moving 
towards Jus Sanguinis (by blood).  
• Article 6- A person who migrated to India from Pakistan 
became an Indian citizen if he or either of his parents or any 
of his grandparents was born in undivided India and also 
fulfilled any one of the two conditions viz., in case he migrated 
to India before July 19, 19481, he had been ordinarily resident 
in India since the date of his migration; or in case he migrated to 
India on or after July 19, 1948, he had been registered as a 
citizen of India. But, a person could be so registered only if he 
had been resident in India for six months preceding the date 
of his application for registration.  
• Article 7- A person who migrated to Pakistan from India after 
March 1, 1947, but later returned to India for resettlement 
could become an Indian citizen. For this, he had to be resident in 
India for six months preceding the date of his application for 
registration.  
• Article 8- A person who, or any of whose parents or 
grandparents, was born in undivided India but who is ordinarily 
residing outside India shall become an Indian citizen if he 
Page 4


 
 
CITIZENSHIP 
Who is a citizen? 
• A citizen very broadly entails a person who is considered legal 
member of a sovereign State under a custom or law and enjoys 
certain social and political rights in lieu of certain duties 
performed by him/her. The principle of equality is an abiding 
feature of citizenship.  
• Citizens are members of the community rather than territory 
and hold some sort of allegiance to the State. Aliens, on the 
other hand, are the citizens of some other state and hence, do not 
enjoy all the civil and political rights. They are of two 
categories—friendly aliens or enemy aliens.  
• According to Aristotle, citizen is he “who has the power to take 
part in the deliberative or judicial administration of any state is 
said by us to be a citizen of that state”. While direct democracy 
is not possible any more, the fact that the Indian democracy 
looks at its people as the political sovereign fulfils this 
definition.  
Provisions in the Constitution: 
• Prior to independence, Indians, resident and born in British 
India came under the direct dominion of and bore allegiance to 
the British Crown, and held the status of British subject. From 1 
January 1915, the British Nationality and Status of Aliens Act 
1914 defined British subjects as those born or naturalised in the 
British Sovereign's dominions (including British India), women 
married to men born or naturalised in the aforementioned Crown 
dominions and children legitimately born to a British subject 
father anywhere in the world. 
 
 
• Indians resident and born in a princely state (also known as an 
"Indian state" or a "Native state") under the British Raj, or in 
any other British protectorate or protected state under the British 
government, held the status of British protected person. This 
status extended to the wives and legitimate offspring of male 
subjects of those states. British protected persons were 
considered de jure foreigners, but could travel on British-issued 
passports. 
• After the formulation of Constitution, certain imperative 
elements regarding citizenship were mention in itself. The 
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). According to Niraja Gopal Jayal, the 
Articles on citizenship have a pronounced quality of immediacy, 
of belonging only to the moment of their enactment.  
• The modalities of Constitutional provisions are concerned with 
the peculiar situation arising out of the partition. Hence, it is 
geared towards determining the status of people migrating 
from India to Pakistan and vice versa. It does not deal with 
the problem of acquisition or loss of citizenship subsequent to 
its commencement. It empowers the Parliament to enact a law to 
provide for such matters and any other matter relating to 
citizenship.  
• Accordingly, the Parliament has enacted the Citizenship Act, 
1955, which has been amended in 1957, 1960, 1985, 1986, 
1992, 2003, 2005 and 2015.  The Constitution, meanwhile, 
creates four categories of persons who became the citizens of 
 
 
India at its commencement i.e., on 26 January, 1950. These 
categories are: 
• Article 5- A person who had his domicile in India and also 
fulfilled any one of the three conditions, viz., if he was born in 
India; or if either of his parents was born in India; or if he 
has been ordinarily resident in India for five years 
immediately before the commencement of the Constitution, 
became a citizen of India. Article 5, according to Jayal saw jus 
soli (associated with birth in territory) associated with the Indian 
idea of citizenship which over time has been seen as moving 
towards Jus Sanguinis (by blood).  
• Article 6- A person who migrated to India from Pakistan 
became an Indian citizen if he or either of his parents or any 
of his grandparents was born in undivided India and also 
fulfilled any one of the two conditions viz., in case he migrated 
to India before July 19, 19481, he had been ordinarily resident 
in India since the date of his migration; or in case he migrated to 
India on or after July 19, 1948, he had been registered as a 
citizen of India. But, a person could be so registered only if he 
had been resident in India for six months preceding the date 
of his application for registration.  
• Article 7- A person who migrated to Pakistan from India after 
March 1, 1947, but later returned to India for resettlement 
could become an Indian citizen. For this, he had to be resident in 
India for six months preceding the date of his application for 
registration.  
• Article 8- A person who, or any of whose parents or 
grandparents, was born in undivided India but who is ordinarily 
residing outside India shall become an Indian citizen if he 
 
 
has been registered as a citizen of India by the diplomatic or 
consular representative of India in the country of his 
residence, whether before or after the commencement of the 
Constitution. Thus, this provision covers the overseas Indians 
who may want to acquire Indian citizenship.  
• Article 9- No person shall be a citizen of India or be deemed to 
be a citizen of India, if he has voluntarily acquired the 
citizenship of any foreign state.  
• Article 10- Every person who is or is deemed to be a citizen of 
India shall continue to be such citizen, subject to the provisions 
of any law made by Parliament. 
• Article 11- Parliament shall have the power to make any 
provision with respect to the acquisition and termination of 
citizenship and all other matters relating to citizenship.  
• It is important to remember the difference between citizenship 
and domicile. Domicile means the intention to permanently 
settle.  
• These were all elements catering to extraordinary circumstances, 
primarily meant for the population present during their 
application. The task of elaborating on concerns regarding 
citizenship for the generations to come, were left to the Indian 
Parliament. The Citizenship Act 1955 was enacted in pursuance 
of Article 11 of the Constitution. It provides for the acquisition 
of citizenship in five ways: by birth, descent, registration, 
naturalisation, and the incorporation of territory. Following the 
Assam Accord in 1985, an amendment was made to the 
Citizenship Act in 1986, which inserted Section 6A, making 
way for a sixth type of citizenship applying to the state of 
Assam. 
Page 5


 
 
CITIZENSHIP 
Who is a citizen? 
• A citizen very broadly entails a person who is considered legal 
member of a sovereign State under a custom or law and enjoys 
certain social and political rights in lieu of certain duties 
performed by him/her. The principle of equality is an abiding 
feature of citizenship.  
• Citizens are members of the community rather than territory 
and hold some sort of allegiance to the State. Aliens, on the 
other hand, are the citizens of some other state and hence, do not 
enjoy all the civil and political rights. They are of two 
categories—friendly aliens or enemy aliens.  
• According to Aristotle, citizen is he “who has the power to take 
part in the deliberative or judicial administration of any state is 
said by us to be a citizen of that state”. While direct democracy 
is not possible any more, the fact that the Indian democracy 
looks at its people as the political sovereign fulfils this 
definition.  
Provisions in the Constitution: 
• Prior to independence, Indians, resident and born in British 
India came under the direct dominion of and bore allegiance to 
the British Crown, and held the status of British subject. From 1 
January 1915, the British Nationality and Status of Aliens Act 
1914 defined British subjects as those born or naturalised in the 
British Sovereign's dominions (including British India), women 
married to men born or naturalised in the aforementioned Crown 
dominions and children legitimately born to a British subject 
father anywhere in the world. 
 
 
• Indians resident and born in a princely state (also known as an 
"Indian state" or a "Native state") under the British Raj, or in 
any other British protectorate or protected state under the British 
government, held the status of British protected person. This 
status extended to the wives and legitimate offspring of male 
subjects of those states. British protected persons were 
considered de jure foreigners, but could travel on British-issued 
passports. 
• After the formulation of Constitution, certain imperative 
elements regarding citizenship were mention in itself. The 
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). According to Niraja Gopal Jayal, the 
Articles on citizenship have a pronounced quality of immediacy, 
of belonging only to the moment of their enactment.  
• The modalities of Constitutional provisions are concerned with 
the peculiar situation arising out of the partition. Hence, it is 
geared towards determining the status of people migrating 
from India to Pakistan and vice versa. It does not deal with 
the problem of acquisition or loss of citizenship subsequent to 
its commencement. It empowers the Parliament to enact a law to 
provide for such matters and any other matter relating to 
citizenship.  
• Accordingly, the Parliament has enacted the Citizenship Act, 
1955, which has been amended in 1957, 1960, 1985, 1986, 
1992, 2003, 2005 and 2015.  The Constitution, meanwhile, 
creates four categories of persons who became the citizens of 
 
 
India at its commencement i.e., on 26 January, 1950. These 
categories are: 
• Article 5- A person who had his domicile in India and also 
fulfilled any one of the three conditions, viz., if he was born in 
India; or if either of his parents was born in India; or if he 
has been ordinarily resident in India for five years 
immediately before the commencement of the Constitution, 
became a citizen of India. Article 5, according to Jayal saw jus 
soli (associated with birth in territory) associated with the Indian 
idea of citizenship which over time has been seen as moving 
towards Jus Sanguinis (by blood).  
• Article 6- A person who migrated to India from Pakistan 
became an Indian citizen if he or either of his parents or any 
of his grandparents was born in undivided India and also 
fulfilled any one of the two conditions viz., in case he migrated 
to India before July 19, 19481, he had been ordinarily resident 
in India since the date of his migration; or in case he migrated to 
India on or after July 19, 1948, he had been registered as a 
citizen of India. But, a person could be so registered only if he 
had been resident in India for six months preceding the date 
of his application for registration.  
• Article 7- A person who migrated to Pakistan from India after 
March 1, 1947, but later returned to India for resettlement 
could become an Indian citizen. For this, he had to be resident in 
India for six months preceding the date of his application for 
registration.  
• Article 8- A person who, or any of whose parents or 
grandparents, was born in undivided India but who is ordinarily 
residing outside India shall become an Indian citizen if he 
 
 
has been registered as a citizen of India by the diplomatic or 
consular representative of India in the country of his 
residence, whether before or after the commencement of the 
Constitution. Thus, this provision covers the overseas Indians 
who may want to acquire Indian citizenship.  
• Article 9- No person shall be a citizen of India or be deemed to 
be a citizen of India, if he has voluntarily acquired the 
citizenship of any foreign state.  
• Article 10- Every person who is or is deemed to be a citizen of 
India shall continue to be such citizen, subject to the provisions 
of any law made by Parliament. 
• Article 11- Parliament shall have the power to make any 
provision with respect to the acquisition and termination of 
citizenship and all other matters relating to citizenship.  
• It is important to remember the difference between citizenship 
and domicile. Domicile means the intention to permanently 
settle.  
• These were all elements catering to extraordinary circumstances, 
primarily meant for the population present during their 
application. The task of elaborating on concerns regarding 
citizenship for the generations to come, were left to the Indian 
Parliament. The Citizenship Act 1955 was enacted in pursuance 
of Article 11 of the Constitution. It provides for the acquisition 
of citizenship in five ways: by birth, descent, registration, 
naturalisation, and the incorporation of territory. Following the 
Assam Accord in 1985, an amendment was made to the 
Citizenship Act in 1986, which inserted Section 6A, making 
way for a sixth type of citizenship applying to the state of 
Assam. 
 
 
• By birth: There were originally two exceptions to citizenship by 
birth: (a) if the father possessed diplomatic immunity and was 
not an Indian citizen; and (b) if the father was an enemy alien 
and the birth occurred at a place under enemy occupation. 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. 
• A person born in India on or after 1st July 1987 is considered as 
a citizen of India only if either of his parents is a citizen of India 
at the time of his birth. 
• Further, those born in India on or after 3rd December 2004 are 
considered citizens of India only if both of their parents are 
citizens of India or one of whose parents is a citizen of India and 
the other is not an illegal migrant at the time of their birth. 
• By descent: A person born outside India on or after 26th January 
1950 but before 10th December 1992 is a citizen of India by 
descent, if his father was a citizen of India at the time of his 
birth. 
• A person born outside India on or after 10th December 1992 is 
considered as a citizen of India if either of his parents is a 
citizen of India at the time of his birth. From 3rd December 
2004 onwards, a person born outside India shall not be a citizen 
of India by descent, unless his birth is registered at an Indian 
consulate within one year of the date of birth or with the 
permission of the Central Government, after the expiry of the 
said period.  
• An application, for registration of the birth of a minor child, to 
an Indian consulate shall be accompanied by an undertaking in