Citizenship is a legal recognition given by the Constitution of India, granting a person full membership of the state. Citizens enjoy all civil and political rights, whereas foreigners do not.
Rights Exclusive to Indian Citizens
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality of opportunity in matters of public employment.
- Article 19: Protection of six rights regarding freedom of:
- Speech and expression
- Assembly
- Association
- Movement
- Residence and settlement
- Profession
- Article 29 & 30: Cultural and educational rights.
Article 5: Deals with citizenship at the commencement of the Constitution.
Article 6: Deals with the citizenship of people who migrated from Pakistan to India.
Article 7: Deals with the citizenship of people who migrated from India to Pakistan.
Article 8: Deals with the citizenship of Indians who migrated to foreign countries (NRIs).
Article 9: Deals with the citizenship of Indians who voluntarily acquire foreign citizenship.
Article 10: Deals with the continuation of citizenship.
Article 11: Confers power to the Parliament to make laws on citizenship.
Acquisition of Citizenship
By Birth
- 26 Jan 1950 - 1 July 1987: Anyone born in India was given citizenship.
- 1 July 1987 - 3 Dec 2004: At least one parent had to be an Indian citizen.
- After 3 Dec 2004: Both parents must be Indian citizens.
By Descent
- 26 Jan 1950 - 10 Dec 1992: For a child born outside India, only the father's citizenship was considered.
- 10 Dec 1992 - 3 Dec 2004: For a child born outside India, at least one parent had to be an Indian citizen.
- After 3 Dec 2004: Registration at an Indian embassy is required within one year of birth.
By Registration
Applicable for newly born children of Indian citizens, persons marrying an Indian citizen, and foreign-born children of Indian citizens.
By Incorporation of Foreign Territories
When a foreign territory becomes a part of India, its people are granted Indian citizenship. This was relevant for the Assam Accord and the Citizenship Amendment Act, 2019, which provided a path for certain communities from Pakistan, Afghanistan, and Bangladesh.
By Naturalization
A foreigner can acquire citizenship by naturalization if they are of good character, have knowledge of an Indian language (from the 22 scheduled languages), and are not a citizen of a country that restricts Indians from becoming citizens by naturalization.
Loss of Citizenship
- Termination: Automatically occurs if an Indian citizen voluntarily acquires the citizenship of another country.
- Renunciation: A citizen can voluntarily give up their citizenship by making a declaration.
- Deprivation: The government can terminate citizenship if it was acquired by fraud, if the citizen shows disloyalty, communicates with an enemy during war, or is imprisoned for 5 years in another country.