1. Meaning of Citizenship

2. Constitutional Provision

2.1. Article 5

2.2. Article 6

2.3. Article 7

2.4. Article 8

2.5. Article 9

2.6. Article 10

2.7. Article 11

3. Citizenship of India: Acts and Amendments

3.1. The Citizenship Act, 1955: Acquisition

3.2. By Birth

3.3. By Descent

3.4. By Registration

3.5. By Naturalisation

3.6. Incorporation of Territory

3.7. The Citizenship Act, 1955: Termination

4. National Register of Citizenship (NRC)

5. PIO Card (Persons of Indian Origin)

6. Overseas Citizen of India (OCI) Card

7. Citizenship of India: Different Scenario in Assam

8. Conclusion

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Harshit Sharma

Political Science (BHU)

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Topic – Citizenship (Notes)

Subject – Political Science

(Constitution of India)

Table of Contents

Citizenship can be defined as a relationship between an individual and a state to which he or she owes loyalty and is thus protected by the law. Citizenship entails a state of liberty with attendant duties. Indian Constitution Addresses Citizenship of India in Articles 5 to Article 11. 

Meaning of Citizenship

  • The term “citizenship” refers to the individual’s relationship with the state.
  • India, like any other contemporary state, has two types of citizens: citizens and aliens.
  • Citizens are full members of the Indian State and are bound by its laws. They are free to exercise their civil and political rights.
  • Citizenship is an exclusionary concept since it excludes non-citizens.

Constitutional Provision

  • Citizenship is listed in the Constitution’s Union List and hence falls within Parliament’s sole control.
  • The term “citizen” is not defined in the Constitution, however, Part 2 describes the numerous types of people who are eligible for citizenship (Articles 5 to 11).
  • Unlike other parts of the Constitution, which took effect on January 26, 1950, these articles were put into effect on November 26, 1949, the day the Constitution was signed.

Article 5

  • Citizenship was granted to all persons who were born and raised in India.
  • Even people who were domiciled in India but not born there, yet had one of their parents born there, were considered citizens.
  • Anyone who had lived in India for more than five years was also eligible to seek citizenship.

Article 6

  • It granted citizenship rights to certain Pakistani migrants to India.
  • Because of Partition and migration prior to Independence, Article 6 stated that anyone who migrated to India prior to July 19, 1949, automatically became an Indian citizen if one of his parents or ancestors was born in India.
  • Those who arrived in India after this date, on the other hand, had to register.

Article 7

  • It Provided certain migrants to Pakistan with the right to citizenship.
  • Those who migrated to Pakistan after March 1, 1947 and later returned on resettlement permits were included in the citizenship net.
  • The law was more sympathetic to those who migrated from Pakistan and were referred to as refugees than to those who were stranded in Pakistan or went there but decided to return soon.

Article 8

  • Provided certain persons of Indian origin residing outside India with the right to citizenship.
  • Any Person of Indian Origin residing outside India who was born in India, or either of his or her parents or grandparents, could register as an Indian citizen with the Indian Diplomatic Mission.

Article 9

  • Article 9 states that if a person voluntarily obtains the citizenship of a foreign state, he or she will no longer be a citizen of India.

Article 10

  • Article 10 states that any person who is or is deemed to be a citizen of India under any of the preceding provisions of this Part shall continue to be such a citizen, subject to the provisions of any law made by Parliament.

Article 11

  • It gives Parliament the authority to make any provision regarding the acquisition and termination of citizenship, as well as all matters pertaining to it.

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