1. Meaning and Significance of Citizenship

  • Definition: Citizenship defines a person’s legal affiliation with a country, granting them specific rights and duties.
  • Categories:
    • Citizens: Full members of the Indian state who owe allegiance to it and enjoy all civil and political rights.
    • Aliens: Citizens of other states, with restricted rights in India, divided into:
      • Friendly Aliens: Nationals of countries with good relations with India.
      • Enemy Aliens: Nationals from countries at war with India, with limited protections, e.g., no protection from detention (Article 22).
  • Rights Exclusive to Indian Citizens:
    • Right against discrimination (Article 15)
    • Equality in public employment (Article 16)
    • Freedoms of speech, assembly, association, etc. (Article 19)
    • Cultural and educational rights (Articles 29, 30)
    • Voting rights and eligibility for public office.
  • Duties: Citizens are expected to pay taxes, respect national symbols, and defend the country.

2. Single Citizenship

  • Concept: India follows a single citizenship model, ensuring uniform rights across the nation, unlike federal systems like the USA with dual citizenship (state and federal).
  • Advantages:
    • Prevents discrimination by state affiliation.
    • Promotes national unity and fraternity.
  • Exceptions:
    • Parliament can require state residence for specific jobs.
    • States may offer preferential benefits (e.g., educational fee concessions for residents).
    • Scheduled Tribe areas have restricted access for outsiders to protect indigenous customs and properties.

3. Constitutional Provisions on Citizenship (Articles 5-11)

  • Scope: The Constitution provides temporary provisions, allowing Parliament to legislate on citizenship acquisition and loss post-1950.
  • Initial Citizenship Categories:
    • Domiciled individuals and their children born in India.
    • Migrants from Pakistan before 1950, subject to residency conditions.
    • Migrants to Pakistan who returned for resettlement.
    • Overseas Indians born in undivided India, registered through Indian embassies.

4. Citizenship Act, 1955

  • Acquisition of Citizenship:
    • By Birth: Individuals born in India between specific dates, based on parental nationality.
    • By Descent: Indian citizenship granted to those born abroad, with conditions on parental citizenship and registration.
    • By Registration: Citizenship available to people of Indian origin or those married to Indian citizens after fulfilling residency requirements.
    • By Naturalization: Foreign nationals meeting residency, language, and character criteria may naturalize, with exceptions for distinguished service to India.
    • By Incorporation of Territory: Individuals from new territories incorporated into India (e.g., Pondicherry) can receive citizenship.
  • Special Provisions:
    • Assam Accord: Provides citizenship to migrants from Bangladesh before certain dates.
    • 2019 Amendment: Offers fast-tracked citizenship to migrants from Afghanistan, Bangladesh, and Pakistan of specified religious backgrounds.

5. Loss of Citizenship

  • By Renunciation: Voluntary declaration by citizens who may also affect their minor children’s citizenship status.
  • By Termination: Automatic loss when acquiring another nationality.
  • By Deprivation: Government-initiated cancellation due to fraud, disloyalty, illegal activities, or extended residence abroad without notification.

6. Overseas Citizenship of India (OCI)

  • Eligibility: Available to foreign nationals with Indian origin, excluding those from specific countries like Pakistan and Bangladesh.
  • Rights:
    • Multiple-entry visa for life.
    • Parity with NRIs on economic and financial benefits (e.g., domestic airfare rates).
    • Eligibility for faculty positions in Indian educational institutions.
  • Restrictions:
    • OCIs cannot hold public office, vote, or serve in defense roles.
    • OCI status can be renounced or canceled under conditions like disloyalty or criminal behavior.

7. Special Provisions and Amendments

  • Assam Accord:
    • Context: Addressed the issue of Bangladeshi immigrants in Assam.
    • Provisions:
      • Individuals of Indian origin who entered Assam before January 1, 1966, are deemed citizens.
      • Those entering between January 1, 1966, and March 25, 1971, can become citizens after 10 years from their detection as foreigners. During these 10 years, they have similar rights to citizens except for voting.
  • 2019 Citizenship Amendment:
    • Purpose: Grants citizenship to religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014.
    • Impact: Reduces residence requirements for these migrants to 5 years for naturalization.
    • Limitations: Not applicable in tribal areas of Assam, Meghalaya, Mizoram, and Tripura or areas under the Inner Line Permit, ensuring cultural protection for indigenous groups.

8. Key Differences: NRI, PIO, and OCI Cardholders

  • Non-Resident Indian (NRI):
    • Indian citizens living abroad with full citizenship rights but must use an Indian passport.
  • Person of Indian Origin (PIO):
    • An individual of Indian descent holding foreign citizenship but eligible for certain benefits in India.
    • The PIO scheme has been merged with the OCI scheme.
  • Overseas Citizen of India (OCI):
    • Foreign nationals of Indian origin who can register as OCIs and receive multiple entry visas, exemption from foreign registration requirements, and parity in some areas with Indian nationals (e.g., tariffs on airfare).
    • Restrictions: OCIs do not have voting rights, cannot hold certain public offices, and are not eligible for certain reserved employment posts.

9. Rights and Privileges of OCI Cardholders

  • Rights:
    • Lifelong visa for visiting India with freedom from registration requirements.
    • Parity with Indian citizens on certain fees (e.g., entry to historical sites).
    • Equal treatment in economic and educational domains, such as adoption processes, property purchase (excluding agricultural lands), and eligibility for professional roles like doctors and architects.
  • Exclusions:
    • OCIs are ineligible for voting, election to constitutional offices, holding judicial positions, and occupying high-ranking government positions.
    • Cannot participate in public employment on equal terms with Indian citizens unless specifically allowed.

10. Revocation of OCI Cardholder Status

  • Renunciation: OCI cardholders can voluntarily renounce their status, affecting their spouse and minor children.
  • Cancellation by Government:
    • OCI status can be revoked for reasons such as fraud, disloyalty to India, unlawful trade with enemies during wartime, or violation of laws.
    • Criminal convictions and any actions that jeopardize India’s sovereignty or public interests may also lead to cancellation.
    • In cases of marital dissolution or subsequent remarriage, the spouse’s OCI status may also be withdrawn.