Indian citizenship is governed by Articles 5 to 11 of the Constitution and the Citizenship Act, 1955. Learn about citizenship provisions, acquisition and loss, single citizenship, OCI status, NRI and OCI differences, and key provisions of the Citizenship Amendment Act, 2019.

Citizenship means the legal membership of a person in a country. It determines who is acknowledged as a citizen and thereby entitled to privileges that only citizens can have. In India, citizenship is largely governed by Part II of the Constitution, which has Articles 5 to 11. These were the provisions made to determine who would be an Indian citizen when the Constitution came into force on 26 January, 1950. The Constitution didn't even attempt to write a comprehensive citizenship statute for all future events. Rather, Article 11 authorised Parliament to legislate on citizenship. Later, Parliament exercised this power to pass the Citizenship Act, 1955. Further, India follows the principle of single citizenship. An individual is an Indian national and not a citizen of a specific state under the Constitution.

What is Citizenship in India?

Indian citizenship is the relationship between an individual and a state. There are a few Rights that Indian Citizens have over Foreigners. However, some key rights within Articles 15, 16 and 19 are subject to the availability of citizenship status. Citizens are also bestowed with political rights like the right to vote, contingent on the prerequisites outlined by law. The Constitution does not define the term citizenship separately. Rather, Articles 5 to 11 outline the constitutional framework of citizenship.

Key Features of Indian Citizenship

The most important feature of Indian citizenship is single citizenship. Instead, a resident of states like Rajasthan, Maharashtra or even Kerala is just an Indian, as they are Indian citizens. There is no separate constitutional citizen of Rajasthan, Maharashtra or Kerala.

Important Features

• India follows single citizenship.
• Part II of the Constitution is devoted to the Citizenship provisions.
• Articles 5 to 11 are related to citizenship.
• Article 11 gives power to Parliament to make citizenship law.
• The Citizenship Act of 1955 is the principal legislation governing citizenship.
• Some Fundamental Rights are available only to citizens.
• OCI is not Indian citizenship.

Articles 5 to 11: Citizenship Provisions in the Constitution

The seven Articles under Part II deal with different citizenship questions. The easiest way to understand them is to look at the specific situation addressed by each provision.

Citizenship Act, 1955

Indian citizenship falls under the Citizenship Act, 1955. Although Articles 5 to 11 of the Constitution provide the constitutional framework for citizenship, the Act contains further specific provisions on acquiring and losing citizenship. The Act has been amended multiple times, with significant amendments in 1986, 1992, 2003, 2005,2015, and 2019. These amendments subsequently modified various elements of India's citizenship framework.

Modes of Acquiring Indian Citizenship

Loss of Indian Citizenship

Indian citizenship can also come to an end. The Citizenship Act provides for three broad means of loss of Indian citizenship, namely: (i) by renunciation, (ii) by termination and (iii) by deprivation.

Renunciation of Citizenship

Renunciation means a voluntary and deliberate renouncing of Indian citizenship. As per the provisions of the Citizenship Act and Rules, an Indian citizen who is not a minor may renounce citizenship by making a declaration of renunciation. This law also includes provisions focusing on the impact of renunciation on minor children.

Termination of Citizenship

Usually, this happens when an Indian citizen renounces citizenship of another country, as per the provisions outlined under the Citizenship Act. Termination, on the other hand, is related to the acquisition of foreign citizenship voluntarily and is thus different from renunciation.

Deprivation of Citizenship

Deprivation is the forced nullification of citizenship through a decree by the central government in accordance with the law. Under certain circumstances, for example, citizenship by fraud or concealment of fact and other clauses provided under the Act, it may apply to citizenship acquired (by registration or naturalisation).

Overseas Citizenship of India (OCI)

Overseas Citizenship of India (OCI) is a special category of Indian citizenship for people with or maintaining family contact on the outside. OCI does not confer Indian citizenship and is not dual citizenship, even though 'Citizenship' is in its name. An OCI cardholder is not a citizen of another country. OCI mainly offers some immigration and other privileges to qualifying people of Indian origin.

What OCI Cardholders Cannot Do? 

OCI cardholders do not have political rights in India. They cannot:

• Vote in elections
• Contest elections
• Have any political rights, except nominally for constitutional offices such as President or Vice-President
• Exercise political rights which under the Constitution of India are reserved for citizens

NRI and OCI: Important Difference

NRI (Non-resident Indian) and an OCI cardholder are not the same. An NRI is an Indian citizen residing outside India. The person continues to be an Indian citizen as well. An OCI cardholder, however, is a foreign citizen who has been granted OCI status under Indian law.

Citizenship Amendment Act, 2019

Citizenship (Amendment) Act, 2019 (CAA): Amends the Citizenship Act, 1955 It provided for a special provision for certain categories of six communities- Hindu, Sikh, Buddhist, Jain, Parsi and Christian- who entered India on or before 31st December 2014 from Afghanistan, Bangladesh and Pakistan. The amended provision is given effect with the Citizenship (Amendment) Rules, 2024

FAQs on Citizenship in the Indian Constitution