Constitutional Provisions
- Part: Part II | Articles: 5–11
- Single Citizenship (borrowed from UK)
- Articles 5–8: Citizenship at the commencement of the Constitution (26 January 1950)
- Articles 9–11: Foreign citizenship, continuance of citizenship and Parliament’s legislative power
Articles 5–11 — Subject-wise
| Article |
Subject |
| Article 5 |
Citizenship at commencement of Constitution |
| Article 6 |
Persons who migrated from Pakistan to India; different requirements before/on or after 19 July 1948 |
| Article 7 |
Persons who migrated TO Pakistan after 1 March 1947
|
| Article 8 |
Persons of Indian Origin residing outside India |
| Article 9 |
Voluntary acquisition of foreign citizenship excludes citizenship under Articles 5, 6 or 8 |
| Article 10 |
Continuance of rights of citizenship |
| Article 11 |
Parliament's power to make laws on citizenship |
Key Dates in Articles
Article 6 — migration date (Pakistan → India)?
19 July 1948 distinguishes the two sets of requirements
Article 7 — migration date (India → Pakistan)?
After 1 March 1947
Citizenship Act, 1955
- Enforced on: 30th December 1955
- Major amendment milestones include 1986, 1992, 2003, 2005, 2015 and 2019
Amendment Timeline
Acquiring & Losing Citizenship
✅ 5 Ways to Acquire
- By Birth
- By Descent
- By Registration (7-year ordinary residence for eligible persons of Indian origin under section 5(1)(a))
- By Naturalisation (12 months immediately before application plus 11 years in the preceding 14 years)
- By Incorporation of Territory
❌ 3 Ways to Lose
- By Renunciation (self-given up)
- By Deprivation (govt deprives)
- By Termination (voluntarily acquiring another country's citizenship)
Residence Requirements
Registration (citizenship) — how many years?
7-year ordinary residence for eligible persons of Indian origin under section 5(1)(a)
Naturalisation — how many years?
12 preceding months plus 11 years in the previous 14; CAA reduces the 11-year aggregate to 5
Citizenship Amendment Act (CAA), 2019
🏛️ CAA 2019 — Key Provisions
- Applies to 3 countries: Bangladesh, Afghanistan & Pakistan
- Persons who came to India on or before 31 December 2014
- For 6 communities only (non-Muslim minorities)
- Naturalisation: 11-year aggregate residence/service reduced to 5 years; separate preceding 12-month condition remains
- Citizenship (Amendment) Rules, 2024 notified on 11 March 2024
6 Communities Covered
🕉️ Hindus
☬ Sikhs
🔥 Parsis
☸️ Buddhists
✝️ Christians
🌀 Jains
Who is NOT included in CAA?
-
Muslims from these 3 countries — not covered
- Persecuted minorities from Sri Lanka, Myanmar, etc. — not covered
Before CAA
- Naturalisation: 12 months immediately before application plus 11 years in the preceding 14 years
After CAA (for 6 communities)
- Naturalisation: 5-year aggregate residence/service plus the separate immediately preceding 12-month condition
Overseas Citizenship of India (OCI)
- OCI scheme launched in 2005
-
Multiple-entry lifelong visa for permitted visits travel to India
- Educational & Cultural benefits
-
No Political rights (cannot vote, contest elections, hold constitutional posts)
OCI — Gets
- Multiple-entry lifelong visa for permitted visits entry
- Education rights (like NRIs)
- Cultural benefits
- Can own property (non-agricultural)
OCI — Does NOT Get
- Voting rights
- Cannot contest elections
- Cannot hold constitutional posts
- Agricultural land ownership
Non-Resident Indians (NRIs)
- NRIs = Indian Citizens living abroad
- Retain full citizenship
- Have voting rights (can register as overseas voters)
- Have all fundamental rights
OCI vs NRI — Difference
| Feature |
NRI |
OCI |
| Citizenship |
Indian Citizen |
Not Indian Citizen (Foreign national) |
| Voting Rights |
Yes ✓ |
No ✗ |
| Passport |
Indian Passport |
Foreign Passport |
| Entry to India |
Indian Passport (no visa) |
Multiple-entry lifelong visa for permitted visits |
| Political Rights |
Full |
None |
⚠️ Exam Traps
Trap #1 — Article 6 vs Article 7 — Dates
Article 6 concerns migration from Pakistan to India and uses 19 July 1948 as a key date. Article 7 concerns persons who migrated from India to Pakistan after 1 March 1947. Distinguish the direction and dates.
Trap #2 — CAA — 3 Countries Only
The Citizenship (Amendment) Act, 2019 covers specified migrants from Afghanistan, Bangladesh and Pakistan; it does not cover Sri Lanka, Myanmar or any other country.
Trap #3 — CAA — 6 Communities, Muslims NOT included
The Citizenship (Amendment) Act, 2019 covers persons belonging to six specified communities: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. Muslims are not included under this provision.
Trap #4 — OCI = No Political Rights
OCI cardholders cannot vote, contest elections or hold specified constitutional offices, although they receive a multiple-entry lifelong visa. An NRI who remains an Indian citizen retains political rights subject to electoral law.
Trap #5 — Registration vs Naturalisation
Citizenship by registration generally uses a seven-year residence requirement, while naturalisation ordinarily requires twelve months immediately preceding the application plus eleven years in the previous fourteen. The statutory relaxation for persons covered by the 2019 amendment reduces the aggregate period from eleven years to five years.