Citizenship and Nationality/India

Citizenship in India is a legal status defined and governed by the Constitution (Articles 5–11) and The Citizenship Act, 1955, while nationality represents a person's belonging to the Indian nation, typically by birth or descent. Both terms are related yet distinct; citizenship confers full legal rights and obligations, whereas nationality is more about cultural and ethnic identity.

Constitutional Basis and Citizenship Act

Part II of the Indian Constitution (Articles 5–11) specifies who could be citizens at the commencement of the Constitution on January 26, 1950, and empowers Parliament to legislate on citizenship matters.

The Citizenship Act of 1955, amended several times (notably in 2003 and 2019), offers a detailed framework for acquisition and termination of citizenship in India.

Ways to Acquire Indian Citizenship

There are five main ways to acquire citizenship under Indian law:

1.By Birth: Individuals born in India between January 26, 1950, and July 1, 1987, are citizens by birth. For those born after July 1, 1987, at least one parent must be a citizen; since December 3, 2004, stricter requirements apply concerning parental citizenship and the status of illegal migrants.

2.By Descent: Individuals born outside India can acquire citizenship if at least one parent is an Indian citizen at the time of birth, subject to conditions and registration.

3.By Registration: Certain categories, such as persons of Indian origin or spouses of Indian citizens, may apply for citizenship after residing in India for a specified period.

4.By Naturalization: Foreigners can apply for citizenship after residing in India for at least 12 years (with some exceptions for certain religious minorities under recent amendments).

5.By Incorporation of Territory: If new territory becomes part of India, the government defines citizenship rules for residents there.

Termination and Loss of Citizenship

Renunciation: Citizens may renounce Indian citizenship, which also impacts minor children.

Termination: Citizenship automatically terminates if a person voluntarily acquires foreign citizenship.

Deprivation: The government may revoke citizenship obtained by registration or naturalization on grounds like fraud or disloyalty.

Overseas Citizenship and Dual Status

India does not allow full dual citizenship. However, the Overseas Citizen of India (OCI) status grants select privileges to persons of Indian origin abroad, falling short of full citizenship rights (no voting or holding constitutional office).

Nationality vs Citizenship

Nationality: In India, nationality typically means a person’s ethnic or historical connection to the country, acquired by birth or descent, and is generally lifelong unless renounced or revoked.

Citizenship: Citizenship is a legal status allowing participation in civic life, like voting, holding public office, and accessing state benefits. Citizenship can be acquired, lost, or revoked by law.

Comparison: All Indian citizens are Indian nationals, but not all nationals have full citizenship rights (as in the case of some persons of Indian origin living abroad or holding OCI cards).

Important Recent Amendments

The Citizenship (Amendment) Act, 2019, provides for expedited citizenship for non-Muslim religious minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) from Pakistan, Bangladesh, and Afghanistan, provided certain conditions are met.

The OCI scheme allows certain foreign nationals of Indian origin limited rights to reside and work in India, but this status can be rescinded for violation of local laws.

Summary Table: Citizenship vs Nationality in India

Aspect

Citizenship

Nationality

Basis

Legal, by birth/law/naturalization

Birth, descent

Revocable/Changeable

Yes

Rarely (usually lifelong)

Rights

Full (vote, property, state benefits)

Limited (mainly identity)

Dual Allowed

No (but OCI exists)

Not applicable (can be singular or plural)

Key Document

Passport, Voter ID

Birth certificate, passport

For a comprehensive understanding, always refer to the latest government notifications and amendments regarding citizenship and nationality in India.

This article is issued from Wikibooks. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.