Cheat Sheet: Citizenship

1. Constitutional Framework

1.1 Constitutional Provisions

2. Citizenship at Commencement

2.1 Article 5 - Citizenship on 26 January 1950

• Domicile: Person domiciled in India
• Birth: Born in India
• Parentage: Either parent born in India
• Residence: Ordinarily resident for not less than 5 years immediately preceding commencement

2.2 Article 6 - Migrants from Pakistan

2.2.1 Before 19 July 1948

• Migrated to India before 19 July 1948
• Domiciled in India since migration
• Automatic citizenship

2.2.2 After 19 July 1948

• Migrated on or after 19 July 1948 but before commencement
• Must be registered as citizen by prescribed authority
• Residence in India for 6 months before registration

2.3 Article 7 - Migrants to Pakistan

• Person migrated to Pakistan after 1 March 1947 not a citizen
• Exception: Returned on permit for resettlement or permanent return
• Residence in India for 6 months after return required

2.4 Article 8 - Persons of Indian Origin Outside India

• Person or either parent or grandparent born in India (as per GOI Act 1935)
• Ordinarily residing outside undivided India
• Must register as citizen before Constitution commencement or within prescribed period

3. Citizenship Act, 1955

3.1 Modes of Acquiring Citizenship

3.2 Citizenship by Birth

3.2.1 Before 1 July 1987

• Every person born in India is citizen by birth
• Exceptions: child of enemy alien, child of foreign diplomat

3.2.2 Between 1 July 1987 and 3 December 2004

• Both parents must be Indian citizens, OR
• One parent Indian citizen and other not illegal migrant

3.2.3 After 3 December 2004

• Both parents must be Indian citizens, OR
• One parent Indian citizen and other not illegal migrant
• Registration within 1 year of birth; late registration with Central Government permission

3.3 Citizenship by Descent

3.3.1 Born Between 26 January 1950 and 10 December 1992

• Father must be Indian citizen at time of birth
• Registration required before age of majority or within prescribed time

3.3.2 Born After 10 December 1992

• Either parent Indian citizen at time of birth
• Birth registered at Indian consulate within 1 year
• Amendment 2003: Parents must declare child not held citizenship of another country

3.3.3 Born After 3 December 2004

• Either parent Indian citizen (not in unlawful stay abroad)
• Registration at consulate within 1 year or with Central Government permission thereafter

3.4 Citizenship by Registration

3.5 Citizenship by Naturalization

3.5.1 Qualifications for Naturalization (Third Schedule)

• Not a subject or citizen of country where Indian citizens denied citizenship by naturalization
• Has renounced previous citizenship or will renounce if granted Indian citizenship
• Resided in India or served Government of India for 12 months immediately preceding application
• Resided in India or served Government of India for 11 years in 14 years preceding 12 months
• Good character
• Adequate knowledge of language specified in Eighth Schedule
• Intends to reside in India or serve Government of India

3.5.2 Relaxation of Residence Requirements

• Person who has rendered distinguished service in science, philosophy, art, literature, world peace, or human progress
• Central Government may waive all or any conditions of Third Schedule

4. Loss and Termination of Citizenship

4.1 Three Modes of Termination

4.2 Renunciation of Citizenship

• Adult citizen of full age and capacity may renounce citizenship
• Declaration must be registered by prescribed authority
• Takes effect from date of registration of declaration
• Minor children cease to be citizens upon parent's renunciation
• Child may resume citizenship on attaining majority within 1 year

4.3 Termination of Citizenship

• Automatic cessation when citizen voluntarily acquires citizenship of another country
• Article 9: Persons voluntarily acquiring foreign citizenship not to be citizens
• No procedure required; operates automatically

4.4 Deprivation of Citizenship

4.4.1 Grounds for Deprivation (Section 10)

• Citizenship obtained by fraud, false representation, or concealment of material fact
• Disloyalty to Constitution of India
• Unlawful communication with enemy during war
• Unlawful trading or business with enemy within 5 years of naturalization
• Receiving or attempting to receive title from foreign state within 5 years without Central Government permission
• Ordinarily resident outside India for 7 continuous years without registering annually at Indian consulate (for registered or naturalized citizens)

4.4.2 Procedure

• Central Government may pass order of deprivation
• Order must be passed after inquiry following principles of natural justice
• Opportunity of hearing must be given

5. Overseas Citizenship of India (OCI)

5.1 Who Can Be Registered as OCI

• Person of Indian origin who was citizen of India on or after 26 January 1950
• Person of Indian origin who was eligible to become citizen on 26 January 1950
• Minor child of such person
• Minor child where both parents are citizens or one is citizen and other is OCI cardholder
• Spouse of Indian citizen or OCI cardholder (registered for 5 years, residing 1 year out of 5 years)

5.2 Exceptions - Cannot be Registered as OCI

• Person who or whose parents or grandparents ever been citizen of Pakistan or Bangladesh
• Person who or whose parents or grandparents ever been citizen of any other country as specified by Central Government

5.3 Rights of OCI Cardholders

5.4 Rights Not Available to OCI

• No right to vote (no political rights)
• No right to hold constitutional offices (President, Vice President, Judge of Supreme Court or High Court)
• Cannot become member of Parliament or State Legislature
• Cannot be appointed to public services and posts under Government of India or State Government
• Cannot acquire agricultural or plantation property

5.5 Cancellation of OCI Registration

• Registered by fraud, false representation, or concealment of material fact
• Shown disaffection towards Constitution
• Engaged in activities prejudicial to sovereignty and integrity of India
• Convicted and sentenced to imprisonment for 2 years or more within 5 years of registration
• Ordinarily resident outside India for 5 continuous years without registering

6. Single Citizenship Concept

6.1 Fundamental Principle

• India adopts single citizenship model (unlike USA which has dual citizenship of Union and State)
• No separate state citizenship; only Indian citizenship exists
• All citizens have same rights throughout India irrespective of state of residence or birth

6.2 Comparison with Federal Systems

7. Important Amendments

7.1 Citizenship (Amendment) Act, 1986

• Introduced Section 3(1)(c): Conditions for citizenship by birth changed from 1 July 1987
• Required at least one parent to be Indian citizen (jus sanguinis element added to jus soli)
• Introduced 11-year residence requirement for naturalization (from earlier periods)

7.2 Citizenship (Amendment) Act, 1992

• Gender equality in citizenship by descent
• Extended citizenship by descent to children of Indian mothers (not just fathers)
• Applied to births after 10 December 1992

7.3 Citizenship (Amendment) Act, 2003

• Introduced Overseas Citizenship of India scheme
• Prohibited dual citizenship explicitly but created OCI as compromise
• Restricted citizenship by birth from 3 December 2004 (both parents requirement or one not illegal migrant)
• Added 12-year residence requirement for naturalization (11 years in 14 years + 12 months immediately preceding)

7.4 Citizenship (Amendment) Act, 2015

• Merged PIO (Person of Indian Origin) card scheme with OCI scheme
• All existing PIO cardholders deemed OCI cardholders
• Reduced waiting period for foreign spouse to 5 years

7.5 Citizenship (Amendment) Act, 2019

• Provides citizenship to persecuted minorities from Afghanistan, Bangladesh, and Pakistan
• Specified religious minorities: Hindu, Sikh, Buddhist, Jain, Parsi, Christian
• Entered India on or before 31 December 2014
• Reduced residence requirement from 11 years to 5 years for these categories
• Applies to illegal migrants of these communities from specified countries
• Does not apply to tribal areas of Assam, Meghalaya, Mizoram, Tripura (Sixth Schedule areas) and areas under Inner Line Permit

8. Key Judicial Pronouncements

8.1 Important Case Laws

8.2 National Register of Citizens (NRC)

• Maintained under Citizenship Act and Citizenship Rules
• Register of Indian citizens prepared first in Assam pursuant to Assam Accord 1985
• Cut-off date for Assam NRC: 25 March 1971 (Bangladesh liberation date)
• Central Government empowered to maintain National Register of Citizens of India
• Rule 4A of Citizenship Rules 2003 provides for preparation and maintenance of NRC

9. Related Constitutional Provisions

9.1 Rights Conditional on Citizenship

9.2 Rights Available to All Persons

• Article 14: Equality before law and equal protection of laws
• Article 20: Protection in respect of conviction for offences
• Article 21: Protection of life and personal liberty
• Article 21A: Right to education (6-14 years)
• Article 22: Protection against arrest and detention
• Articles 23-24: Right against exploitation
• Article 25-28: Freedom of religion
• Articles 32 and 226: Constitutional remedies

9.3 Ineligibility for Constitutional Offices

• President (Article 58): Must be citizen of India
• Vice President (Article 66): Must be citizen of India
• Member of Parliament (Article 84/102): Must be citizen of India
• Member of State Legislature (Article 173/191): Must be citizen of India
• Governor (Article 157): Must be citizen of India
• Judges of Supreme Court and High Courts (Articles 124, 217): Must be citizen of India

10. Statelessness and Illegal Migration

10.1 Statelessness

• India not party to 1954 Convention relating to Status of Stateless Persons or 1961 Convention on Reduction of Statelessness
• No specific domestic legislation to address statelessness
• Children born in India to stateless parents after 3 December 2004 not automatically citizens

10.2 Illegal Migrants

• Defined under Foreigners Act 1946: Foreign national who enters without valid documents or overstays visa
• Illegal migrants not eligible for citizenship by birth or registration
• Subject to deportation under Foreigners Act and Passport Act
• Cannot claim fundamental rights under Article 19
• Right under Article 21 available but subject to reasonable restrictions

10.3 Foreigners Act, 1946

• Defines foreigner as person who is not citizen of India
• Central Government has power to regulate entry, presence, and departure of foreigners
• Burden of proof that person is not foreigner lies on such person
• Foreigners Tribunals can determine whether person is foreigner or not