Citizenship in India is governed by the Constitution and various statutes. It defines the legal relationship between an individual and the state, conferring specific rights and duties. The concept of citizenship is crucial in a diverse democracy like India, where it determines an individual's political and civil rights, including voting, holding public office, and accessing public services.

1. Constitutional Provisions on Citizenship

• Article 5-11: These articles in Part II of the Constitution deal with citizenship. They outline who is considered a citizen of India at the commencement of the Constitution and empower Parliament to regulate citizenship.
• Article 5: Grants citizenship to individuals domiciled in India at the commencement of the Constitution, provided they were born in India or either of their parents was born in India, or they had been a resident in India for at least five years.
• Article 6: Provides citizenship rights to persons who migrated to India from Pakistan before July 19, 1948, with similar conditions to those in Article 5.
• Article 7: Addresses the rights of individuals who migrated to Pakistan after March 1, 1947, but later returned to India.
• Article 8: Grants citizenship to individuals of Indian origin residing outside India who have registered themselves as citizens with the Indian diplomatic or consular office in the country where they are residing.
• Article 9: Declares that individuals who voluntarily acquire the citizenship of a foreign state cease to be citizens of India.
• Article 10: Guarantees the continuance of citizenship for those who were citizens at the commencement of the Constitution, subject to the provisions of any law made by Parliament.
• Article 11: Empowers Parliament to make laws regarding the acquisition and termination of citizenship and all other matters relating to citizenship.

2. The Citizenship Act, 1955

• Acquisition of Citizenship: The Citizenship Act, 1955, outlines five modes of acquiring Indian citizenship:

  • By Birth: Citizenship by birth is granted to individuals born in India on or after January 26, 1950, but before July 1, 1987, regardless of the nationality of their parents. For those born after July 1, 1987, at least one parent must be an Indian citizen.
  • By Descent: A person born outside India on or after January 26, 1950, but before December 10, 1992, is an Indian citizen by descent if their father was an Indian citizen. For those born after December 10, 1992, either parent must be an Indian citizen.
  • By Registration: Certain categories of people, such as persons of Indian origin who are ordinarily resident in India for seven years, can acquire citizenship by registration.
  • By Naturalization: A foreigner can acquire Indian citizenship through naturalization if they fulfill certain qualifications, including residing in India for 12 years.
  • By Incorporation of Territory: If a territory becomes part of India, the Government of India may specify the persons who shall be citizens of India.

• Loss of Citizenship: The Act also specifies three modes by which citizenship can be lost:

  • Renunciation: Any Indian citizen of full age and capacity can renounce their citizenship.
  • Termination: Citizenship can be terminated if a citizen voluntarily acquires the citizenship of another country.
  • Deprivation: The government may deprive a person of citizenship under certain circumstances, such as disloyalty to the Constitution or involvement in trade with enemy countries.

3. Amendments to the Citizenship Act

• Citizenship (Amendment) Act, 1986: This amendment introduced the requirement that at least one parent must be an Indian citizen for a person born in India to claim citizenship by birth.
• Citizenship (Amendment) Act, 2003: Introduced the concept of Overseas Citizenship of India (OCI) and restricted citizenship by birth to those with at least one Indian parent, explicitly excluding illegal migrants.
• Citizenship (Amendment) Act, 2019: A controversial amendment that provides a pathway to citizenship for non-Muslim migrants (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. This amendment sparked nationwide protests and raised concerns about its implications for India's secular fabric.

4. Case Studies and Judicial Interpretations

• Pradeep Jain vs. Union of India (1984)
  • Background: The case dealt with the domicile requirement in the context of admission to medical colleges. The petitioner challenged the domicile-based reservation system for state-run medical colleges, arguing that it discriminated against citizens based on their place of residence.
  • Judgment: The Supreme Court upheld the importance of domicile in determining admission criteria but emphasized that it should not result in extreme regionalism or discrimination. The Court also reinforced that domicile should not be used to deny individuals their rights as Indian citizens.
  • Significance: This case highlighted the intersection of citizenship with domicile, underscoring the need to balance regional interests with the principles of equality enshrined in the Constitution.
• Sarbananda Sonowal vs. Union of India (2005)
  • Background: This case challenged the constitutionality of the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act), which governed the detection and deportation of illegal immigrants in Assam. The petitioner argued that the Act was biased against the indigenous people of Assam and made it difficult to deport illegal immigrants, thereby threatening the state's demographic balance.
  • Judgment: The Supreme Court struck down the IMDT Act as unconstitutional, stating that it violated the rights of Indian citizens by making it difficult to deport illegal immigrants. The Court ruled that the Act did not serve the purpose of protecting the rights of Indian citizens and instead favored illegal immigrants.
  • Significance: The judgment reinforced the importance of protecting the rights of Indian citizens and ensuring that citizenship laws do not undermine the demographic and cultural integrity of states, especially in sensitive border regions like Assam.
• Rohingya Refugees Case
  • Background: The case involves petitions filed in the Supreme Court regarding the Indian government's decision to deport Rohingya refugees, who had fled persecution in Myanmar and sought asylum in India. The petitioners argued that the deportation would violate the refugees' fundamental rights under the Indian Constitution and India's obligations under international law.
  • Ongoing Proceedings: The Supreme Court has been balancing national security concerns with humanitarian considerations. The government has argued that the presence of Rohingya refugees poses a security threat, while the petitioners have emphasized the need to protect the rights of refugees.
  • Significance: This case highlights the complexities of citizenship and refugee law in India, particularly the challenges of balancing national security with the protection of human rights. It also underscores the role of the judiciary in interpreting India's obligations under international law in the context of domestic legal frameworks.
• NRC and Citizenship (Amendment) Act (CAA) Cases
  • Background: The National Register of Citizens (NRC) in Assam and the Citizenship (Amendment) Act, 2019 (CAA) have been subject to extensive legal scrutiny. The NRC aimed to identify illegal immigrants in Assam, while the CAA provides a pathway to citizenship for non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. Several petitions have been filed challenging the constitutionality of the CAA, arguing that it violates the secular principles of the Constitution by discriminating on the basis of religion.
  • Ongoing Proceedings: The Supreme Court is hearing multiple petitions on the constitutionality of the CAA and the implications of the NRC. The petitioners argue that the CAA, in conjunction with the NRC, could result in the marginalization and statelessness of certain communities.
  • Significance: These cases are critical in determining the future of citizenship law in India, particularly in relation to the principles of secularism, equality, and non-discrimination. The outcomes of these cases will have far-reaching implications for how citizenship is defined and implemented in the country.
• Berubari Union Case (1960)
  • Background: The case arose from a presidential reference concerning the implementation of the Indo-Pakistan Agreement (Nehru-Noon Agreement) of 1958, which involved the ceding of part of Berubari Union to Pakistan. The question was whether a constitutional amendment was required to transfer the territory and if it would affect the citizenship of the inhabitants.
  • Judgment: The Supreme Court held that the cession of Indian territory to a foreign state required a constitutional amendment under Article 368. The Court also clarified that the people of the ceded territory would cease to be Indian citizens unless the agreement provided otherwise.
  • Significance: This case highlighted the constitutional implications of altering India's territorial boundaries and its impact on citizenship. It reinforced the need for a constitutional process to ensure that the rights of citizens are protected during such territorial changes.

5. Citizenship Issues in Contemporary India

Citizenship has become a central issue in India's socio-political landscape, especially in the context of recent legislative changes and administrative measures. The following key issues have significant implications for governance, social cohesion, and the rule of law, and are important for understanding the broader themes in the UPSC Mains exam:

• National Register of Citizens (NRC)
  • Background: The NRC was first implemented in Assam to identify illegal immigrants, primarily from Bangladesh. The final list published in August 2019 excluded nearly 1.9 million people, leading to concerns about statelessness and the rights of those left out.
  • Controversies: The NRC has been criticized for its procedural complexities, the burden of proof placed on marginalized communities, and the potential for human rights violations. The exercise has sparked fears of large-scale disenfranchisement, particularly among the poor and minority communities.
  • Legal Implications: The NRC's implementation has raised questions about the constitutional rights to equality (Article 14) and non-discrimination (Article 15), as well as the potential violation of human rights. The ongoing legal challenges will likely shape the future of citizenship verification processes in India.
  • UPSC Relevance: For UPSC Mains, understanding the NRC involves analyzing its constitutional, legal, and ethical dimensions, including its impact on social justice, human rights, and federal relations.
• Citizenship (Amendment) Act, 2019 (CAA)
  • Background: The CAA amends the Citizenship Act, 1955, to provide a pathway to citizenship for non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014. It has been criticized for introducing a religious criterion for citizenship, which many argue violates the secular principles of the Constitution.
  • Protests and Opposition: The CAA sparked widespread protests across India, particularly in states with significant Muslim populations. Critics argue that it discriminates against Muslims and undermines India's secular fabric. The government, however, asserts that the CAA is a humanitarian measure aimed at protecting persecuted minorities in neighboring countries.
  • Legal Challenges: Multiple petitions have been filed in the Supreme Court challenging the constitutionality of the CAA. The key issues include potential violations of Article 14 (Right to Equality) and the principle of secularism, which is part of the basic structure of the Constitution.
  • UPSC Relevance: In the UPSC Mains exam, candidates should be able to critically analyze the CAA from multiple perspectives, including its legal validity, impact on secularism, and implications for national integration and social harmony.
• Statelessness and Refugee Issues
  • Rohingya Refugees: The presence of Rohingya refugees in India has raised significant challenges. The government's stance on deporting them has been contested in courts, with arguments centered around humanitarian concerns versus national security risks. The debate over the rights of refugees and the principles of non-refoulement versus India's security considerations remains ongoing.
  • Bengali Hindu Refugees: The CAA specifically addresses the issue of Bengali Hindu refugees from Bangladesh, but its selective application has led to concerns about the exclusion of other communities facing persecution.
  • Statelessness Concerns: The exclusion of individuals from the NRC, coupled with the CAA, has the potential to create a large population of stateless people, particularly among marginalized groups. This issue is crucial for the administration of justice, social welfare policies, and international relations.
  • UPSC Relevance: UPSC aspirants should be prepared to discuss statelessness in the context of human rights, international law, and domestic policy. Understanding India's approach to refugees, asylum seekers, and the legal status of stateless individuals is critical for essays and questions on citizenship, migration, and social justice.
• Dual Citizenship and Overseas Citizenship of India (OCI)
  • OCI Scheme: The Overseas Citizenship of India (OCI) scheme provides certain privileges to individuals of Indian origin, such as visa-free travel, the right to own property, and participation in economic activities. However, OCI holders do not have full citizenship rights, such as the right to vote or hold public office.
  • Legal Challenges: The OCI status has been subject to legal scrutiny, particularly regarding the limitations on the rights of OCI holders. There have been debates on whether the restrictions placed on OCI holders, particularly in areas like property ownership and political participation, are justified under the Constitution.
  • Impact on Diaspora: The OCI scheme is an important tool for maintaining ties with the Indian diaspora, but it also raises questions about the balance between national security and the rights of individuals of Indian origin who live abroad. Recent amendments to the OCI cardholder rules have also sparked debates on the extent of their rights and privileges.
  • UPSC Relevance: In the context of UPSC Mains, understanding the nuances of dual citizenship, OCI, and the rights of the Indian diaspora is important for questions related to India's foreign policy, migration, and the constitutional framework governing citizenship.
• Ethnic and Religious Tensions
  • Impact of CAA and NRC on Social Cohesion: The CAA and NRC have exacerbated ethnic and religious tensions in several parts of India, particularly in the northeastern states and West Bengal. The fear of exclusion among minority communities has led to widespread protests and resistance against these measures.
  • Secularism and Citizenship: The introduction of religion-based criteria in citizenship law (through the CAA) challenges the secular character of the Indian state. The debate around this issue has significant implications for India's constitutional values and social fabric.
  • Communal Harmony: The ongoing debates and legal challenges surrounding citizenship laws have the potential to disrupt communal harmony and increase polarization in society. Addressing these concerns requires a nuanced understanding of the interplay between law, religion, and politics in India.
  • UPSC Relevance: For the UPSC Mains exam, it is crucial to analyze the impact of citizenship laws on social cohesion, secularism, and communal harmony. Aspirants should be able to discuss how these issues intersect with broader themes of national integration, constitutionalism, and governance.

Conclusion
Citizenship in India is a multifaceted issue, governed by constitutional provisions, statutory laws, and judicial interpretations. As India continues to grapple with questions of identity, migration, and national security, the laws and policies surrounding citizenship remain central to its democratic framework. For UPSC aspirants, understanding the legal, political, and social dimensions of Indian citizenship is essential, as it touches upon fundamental rights, national identity, and India's constitutional ethos.