SSC/RRB/Groups- General Studies: Indian Polity-3

CITIZENSHIP
The conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the
Constitution of India. The legislation related to this matter is the Citizenship Act 1955, which has been
amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the
Citizenship (Amendment) Act 2003, The Citizenship (Amendment) Act, 2005 and Citizenship
(Amendment) Act, 2015
Article 9 of Indian Constitution says that a person who voluntarily acquires citizenship of any other
country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender
his/her Indian passport and vote card and other Indian ID cards must not use after other country
citizenship. It is a punishable offence if the person fails to surrender the passport.
Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the
jus soli (citizenship by right of birth within the territory). The President of India is termed the first
Citizen of India.
From 1858 till its Independence in 1947, India was a part of the British Empire. Between 1 January
1949 and 25 January 1950, Indians were British subjects, by virtue of Section 18(3) of Indian
Independence Act, unless they had already acquired citizenship of United Kingdom or any other country.
On commencement of the Indian Constitution on 26 January 1950, the Indians were no longer British
subjects.
On 20 December 1961, India acquired the territories of Goa, Daman and Diu and Dadra and Nagar
Haveli after the military action which were under the territories of Portugal. The French territory of
Puducherry, Karaikal, Mah, Yanam and the Free town of Chandranagore, were acquired under
treaty of cession with France. Sikkim was also merged with India and became a constituent state with
effect from 16 May 1975. Some of the enclaves in the eastern part of India, were also acquired under
border agreements with Pakistan and Bangladesh respectively
In order to expressly provide the citizenship for people in territories as mentioned above, the central
government issued the Goa, Daman and Diu (Citizenship) Order, 1962, Dadra and Nagar Haveli
(Citizenship) Order, 1962 and Citizenship (Pondicherry) Order 1962, in exercise of its powers under
section 7 of the Citizenship act and for Sikkim, the President extended the Citizenship act, and the
relevant rules under Article 371-F(n) of Indian Constitution.
Granting of citizenship
Citizenship at the commencement of the constitution of India
Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian
citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and
most of these constitutional provisions came into force on 26 January 1950.The Constitution of India also
made provision regarding citizenship for migrants from the territories of Pakistan which had been part of
India before partition.
Citizenship by birth
Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986
Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a
citizen of India if either parent was a citizen of India at the time of the birth.
Those born in India on or after 3 December 2004 are considered citizens of India only if both of their
parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at
the time of their birth.
In September 2013, Bombay High Court gave a judgement that a birth certificate, passport or even an
Aadhaar card alone may not be enough to prove Indian citizenship, unless the parents are Indian citizens.
Citizenship by descent
Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of
India by descent if their father was a citizen of India at the time of their birth.
Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their
parents is a citizen of India at the time of their birth.
From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India
unless their birth is registered at an Indian diplomatic mission within one year of the date of birth. In
certain circumstances it is possible to register after one year with the permission of the Central
Government. The application for registration of the birth of a child must be made to an Indian
diplomatic mission and must be accompanied by an undertaking in writing from the parents of the child
that he or she does not hold the passport of another country.

Citizenship by registration
Sri Maheshwari CCE***www.ccevijayawada.com
SSC/RRB/Groups- General Studies: Indian Polity-3
The Central Government may, on an application, register as a citizen of India under section 5 of the
Citizenship Act 1955 any person (not being an illegal migrant) if s/he belongs to any of the following
categories:
a person of Indian origin who is ordinarily resident in India for seven years before making
application under Section 5(1)(a) (throughout the period of twelve months immediately before
making application and for six years in the aggregate in the eight years preceding the 12 months).
a person of Indian origin who is ordinarily resident in any country or place outside undivided
India;
a person who is married to a citizen of India and is ordinarily resident in India for seven years
before making an application for registration;
minor children of persons who are citizens of India;
a person of full age and capacity whose parents are registered as citizens of India.
a person of full age and capacity who, or either of his parents, was earlier citizen of independent
India, and has been residing in India for one year immediately before making an application for
registration;
a person of full age and capacity who has been registered as an overseas citizen of India for five
years, and who has been residing in India for one year before making an application for
registration.
Citizenship by naturalization
Citizenship of India by naturalisation can be acquired by a foreigner (not illegal migrant) who is
ordinarily resident in India for 12 years (throughout the period of 12 months immediately preceding the
date of application and for 11 years in the aggregate in the 14 years preceding the 12 months) and other
qualifications as specified in Third Schedule to the Citizen Act.
Renunciation and termination of Indian citizenship
Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of
renunciation of Indian citizenship, s/he loses Indian citizenship. In addition, any minor child of that person
also loses Indian citizenship from the date of renunciation. When the child reaches the age of 18, he or she
has the right to have his or her Indian citizenship restored.
Termination is covered in Section 9 of the Citizenship Act, 1955
The provisions for termination are separate and distinct from the provisions for making a declaration of
renunciation.Section 9(1) of the act provides that any citizen of India who by naturalisation or registration
acquires the citizenship of another country shall cease to be a citizen of India.
Overseas Citizenship of India
In response to persistent demands for dual citizenship, particularly from the diaspora in North America
and other developed countries, the Overseas Citizenship of India (OCI) scheme was introduced by
amending The Citizenship Act, 1955 in August 2005. The scheme was launched during the Pravasi
Bharatiya Divas convention at Hyderabad in 2006.
Overseas Citizenship of India is not an actual citizenship of India and thus, does not amount to dual
citizenship or dual nationality or anyone no longer to use Indian IDs after OCI. Moreover, the OCI card
is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be
carried by OCI holders while travelling to India. Persons of Indian Origin (PIO) Card
This was a form of identification issued to an individuals who held a passport in a country other than
Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka and could prove their Indian
origin up to three generations before.
In early 2011, the then Prime Minister of India, Manmohan Singh, announced that the Person of Indian
Origin card will be merged with the Overseas Citizen of India card. This new card was proposed to be
called the Overseas Indian Card.
As of 9 January 2015, the PIO card scheme has been discontinued and applicants are to apply for OCI
only. All currently held PIO cards are treated as OCI cards. PIO card holders will get a special stamp in
their existing PIO card, saying "lifelong validity" thus making them equal to existing OCI cards.
Visa requirements
Visa requirements for Indian citizens are administrative entry restrictions by the authorities of other states
placed on citizens of India. According to the 2014 Visa Restrictions Index, holders of an Indian passport
can visit 52 countries and territories visa-free or with visa on arrival, and India is currently ranked 85th
in terms of travel freedom.
Pravasi Bharatiya Samman
he Pravasi Bharatiya Samman (Overseas Indian Honour/Award) is an award constituted by the
Ministry of Overseas Indian Affairs, Government of India in conjunction with the Pravasi Bharatiya
Divas (Non-Resident Indian Day), to honour exceptional and meritorious contribution in their chosen
field/profession. The award is given by the President of India.

Sri Maheshwari CCE***www.ccevijayawada.com