Here are Top 50 key facts about Citizenship in India (Part II of the Indian Constitution, Articles 5–11) with explanations to clarify common confusions, tailored for UPSC CSE preparation:
Part II of the Constitution: Citizenship is covered under Articles 5 to 11.
Single Citizenship: India provides single citizenship for the entire country, unlike countries like the USA, which have dual citizenship (state and federal).
Article 5: Defines citizenship at the commencement of the Constitution, covering those domiciled in India.
Article 6: Deals with citizenship for persons who migrated from Pakistan to India.
Article 7: Covers citizenship for persons who migrated to Pakistan but returned to India under resettlement rights.
Article 8: Grants citizenship to Indians residing abroad (NRIs) if they are registered by an Indian diplomatic mission.
Article 9: Automatically terminates Indian citizenship for anyone who voluntarily acquires citizenship of another country.
Article 10: Provides for the continuance of Indian citizenship for individuals under laws in force.
Article 11: Empowers Parliament to regulate citizenship laws.
Citizenship Act, 1955: Enacted to provide detailed provisions related to acquisition, termination, and other aspects of citizenship.
By Birth:
- If born in India between 1950–1987, citizenship is automatically granted.
- From 1987–2004, at least one parent must be an Indian citizen.
- Post-2004, one parent must be an Indian citizen, and the other must not be an illegal migrant.
By Descent:
- Citizenship is granted if born abroad to an Indian citizen parent, provided registration with the Indian consulate occurs.
By Registration: Acquired by persons of Indian origin, NRIs, or those married to Indian citizens, subject to prescribed conditions.
By Naturalization: Granted to foreigners who fulfill residency requirements (12 years) and demonstrate loyalty to India.
By Incorporation of Territory: Citizenship can be granted when a foreign territory becomes part of India (e.g., Sikkim in 1975).
No Dual Citizenship: India does not allow dual citizenship; acquiring foreign citizenship results in loss of Indian citizenship.
OCI and PIO: Overseas Citizenship of India (OCI) and Persons of Indian Origin (PIO) cards provide limited rights but do not confer full citizenship.
Citizenship for Refugees: Citizenship for refugees (e.g., Tibetan, Sri Lankan, or Bangladeshi migrants) depends on special laws or amendments.
CAB 2019: The Citizenship Amendment Act (CAA), 2019, fast-tracks citizenship for persecuted minorities from Pakistan, Afghanistan, and Bangladesh, but excludes Muslims, causing controversy.
Illegal Migrants: Defined as persons entering India without valid travel documents or overstaying their visas; not eligible for citizenship.
Renunciation: Citizenship is voluntarily renounced by declaration, and the individual ceases to be an Indian citizen.
Termination: Automatically occurs if a person voluntarily acquires the citizenship of another country (Article 9).
Deprivation: Citizenship is revoked by the Government of India for reasons such as fraud, disloyalty, or criminal conduct.
Citizenship of Children: A child born to Indian parents abroad may lose citizenship if their parents acquire foreign citizenship.
Overseas Voting Rights: NRIs can vote in Indian elections if they are Indian citizens and physically present in their constituency during voting.
OCI vs NRI: OCI is not a citizenship but provides rights like visa-free travel; NRIs remain Indian citizens.
Statelessness Protection: India lacks specific laws addressing stateless individuals but has granted asylum to some groups (e.g., Tibetans).
Indian Citizenship Test: Applicants for naturalization must demonstrate basic knowledge of the Indian Constitution and language proficiency.
Loss of Citizenship by Marriage: Marrying a foreign national does not result in automatic loss or gain of citizenship.
Reacquisition: Former citizens who renounce their foreign citizenship can apply for Indian citizenship under special provisions.
Fundamental Rights and Citizenship: Rights like Article 15 (prohibition of discrimination) and Article 16 (equality in public employment) apply only to Indian citizens.
Judicial Review: Citizenship decisions can be challenged in court under principles of natural justice.
Article 21: Fundamental rights under Article 21 apply to all persons, not just citizens.
Supreme Court on CAA: The CAA is currently under judicial scrutiny regarding its alleged violation of Article 14 (equality before law).
Dual Citizenship Debate: Despite demands, the Constitution firmly prohibits dual citizenship.
Berubari Union Case (1960): Ceding Indian territory requires a constitutional amendment and does not automatically affect citizenship.
Illegal Migrant Definition: Defined in Section 2 of the Citizenship Act, 1955, but subject to frequent debate and interpretation.
Foreigners Act, 1946: Governs illegal immigrants but operates separately from the Citizenship Act.
Section 8 of the Citizenship Act: Requires Indian citizens abroad to declare intent to retain citizenship after acquiring foreign residency.
Citizenship and Refugee Status: India has no codified refugee policy, relying on ad hoc measures instead.
National Register of Citizens (NRC): The NRC aims to identify genuine citizens but has faced criticism for exclusion errors, especially in Assam.
CAA-NRC Debate: Critics argue combining CAA and NRC could lead to disenfranchisement based on religion.
Domicile vs Citizenship: Domicile determines residence within a specific state; citizenship is a national identity.
Tibetan Refugees: Most Tibetan refugees in India are not Indian citizens but hold identity certificates issued by the government.
Special Provisions for Minorities: Certain amendments and acts cater to persecuted minorities (e.g., Jews, Parsis, etc.).
Bangladeshi Migrants: Considered illegal migrants unless granted amnesty under CAA or other provisions.
Judicial Precedents: Landmark cases like State of Andhra Pradesh v. Abdul Khader clarify citizenship criteria and procedural issues.
Cultural Connection: Citizenship policies often emphasize cultural ties (e.g., OCI for diaspora).
Global Best Practices: India’s citizenship model is restrictive compared to countries that allow dual or multiple citizenship.
UPSC Relevance: Citizenship-related questions often focus on Articles 5–11, CAA, NRC, and contemporary debates, making it essential for aspirants to understand the nuances.