Citizenship
Indian Constitution - Delhi Police Exams
Definition of Citizenship
Citizenship means full membership of a nation with civil, political, and legal rights and corresponding duties.
In simple terms, a citizen is a legal member of India, entitled to enjoy rights and participate in governance.
Citizenship vs. Nationality
| Term | Meaning |
|---|---|
| Nationality | Belonging to a nation — emotional & cultural identity |
| Citizenship | Legal status recognized by law |
Trick: All citizens are nationals, but not all nationals are citizens.
Constitutional Basis
Citizenship provisions are contained in Articles 5 to 11 of Part II (Articles 5-11) of the Indian Constitution.
These articles determine who were citizens at the commencement of the Constitution (26 January 1950).
Parliament has the power to make laws regarding citizenship (Article 11).
Articles 5 to 11 – Constitutional Provisions
| Article | Provision |
|---|---|
| Article 5 | Citizenship by domicile — person domiciled in India on 26 Jan 1950 |
| Article 6 | Citizenship rights for people migrating from Pakistan to India |
| Article 7 | Citizenship rights for people migrating to Pakistan but returning to India |
| Article 8 | Citizenship for Indians residing abroad |
| Article 9 | Persons voluntarily acquiring foreign citizenship lose Indian citizenship |
| Article 10 | Continuation of citizenship subject to Parliament's law |
| Article 11 | Parliament empowered to make laws on citizenship |
Memory Trick: 5-Stay, 6-From Pak, 7-To Pak, 8-Abroad, 9-Foreign, 10-Continue, 11-Parliament.
Citizenship Act, 1955
Enacted by Parliament under Article 11, this Act defines how citizenship is acquired and terminated after 1950.
Methods of Acquiring Citizenship
| Method | Description |
|---|---|
| By Birth |
• Between 26 Jan 1950 – 1 July 1987 → Citizen by birth • Between 1 July 1987 – 3 Dec 2004 → Either parent must be Indian • After 3 Dec 2004 → Both parents Indian OR one Indian and other not illegal migrant |
| By Descent | Born outside India, but either parent is an Indian citizen |
| By Registration | For people of Indian origin or married to Indian citizens who apply officially |
| By Naturalization | Foreigners who have resided in India for 12 years can apply for citizenship |
| By Incorporation of Territory | When a new territory becomes part of India (e.g., Pondicherry 1962) |
Methods of Losing Citizenship
| Method | Meaning |
|---|---|
| Renunciation | Voluntary giving up of Indian citizenship by declaration |
| Termination | Automatic loss when a citizen acquires foreign citizenship |
| Deprivation | Government cancels citizenship if obtained fraudulently or disloyally |
Trick: Big Desi Registered Naturally in India (Birth, Descent, Registration, Naturalization, Incorporation)
Trick: R-T-D → Renounce, Terminate, Deprive
Citizenship Act, 1955 – Important Amendments
| Amendment Year | Key Provisions |
|---|---|
| 1986 | Citizenship by birth restricted (parent must be Indian) |
| 1992 | Equal rights for mother and father in citizenship by descent |
| 2003 | Concept of "illegal migrant" introduced; preparation for National Register of Citizens (NRC) |
| 2005 | Provision for Overseas Citizen of India (OCI) |
| 2015 | Merged OCI and Person of Indian Origin (PIO) schemes |
| 2019 (CAA) | Fast-track citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, Christian refugees from Pakistan, Bangladesh, Afghanistan |
Trick: 86-92-03-05-15-19 → Each step modernized migration.
Rights and Duties of Citizens
Rights Exclusive to Citizens
- Right to Vote (Article 326)
- Right to Contest Elections
- Right to Equality of Opportunity in Public Employment (Article 16)
- Right to Freedom (Article 19)
- Right to Protection from Discrimination (Article 15)
Fundamental Duties (Article 51A)
- Abide by the Constitution and respect the National Flag & Anthem
- Defend the country
- Protect public property
- Promote harmony and brotherhood
- Develop scientific temper
- Protect environment and cultural heritage
Trick: FLAG + DUTY = Respect, Defend, Protect, Develop.
PYQs (Delhi Police, SSC & State Exams)
Articles 5 to 11 of the Constitution deal with —
A) Fundamental Rights B) Citizenship C) Directive Principles D) Preamble
Show Answer
B) Citizenship
Which Article gives Parliament the power to make laws on citizenship?
A) Article 5 B) Article 6 C) Article 11 D) Article 12
Show Answer
C) Article 11
The Citizenship Act was enacted in —
A) 1949 B) 1950 C) 1955 D) 1962
Show Answer
C) 1955
Citizenship can be acquired in how many ways under the Citizenship Act, 1955?
A) 3 B) 4 C) 5 D) 6
Show Answer
C) 5
Citizenship can be lost in how many ways?
A) 1 B) 2 C) 3 D) 4
Show Answer
C) 3
Overseas Citizen of India (OCI) was introduced through which Amendment?
A) 1986 B) 2003 C) 2005 D) 2015
Show Answer
C) 2005
Citizenship Amendment Act (CAA) 2019 provides citizenship to refugees of which religions?
A) Hindu, Sikh, Buddhist, Jain, Parsi, Christian B) Only Hindu C) All religions D) Muslim only
Show Answer
A) Hindu, Sikh, Buddhist, Jain, Parsi, Christian
Which Article provides for citizenship by domicile at the commencement of the Constitution?
A) Article 5 B) Article 6 C) Article 7 D) Article 8
Show Answer
A) Article 5
What is the minimum period of residence required for naturalization in India?
A) 5 years B) 10 years C) 12 years D) 15 years
Show Answer
C) 12 years
Citizenship in India is based on the principle of —
A) Jus soli (by birth) B) Jus sanguinis (by blood) C) Both A and B D) None
Show Answer
C) Both A and B
Summary Table – Citizenship at a Glance
| Aspect | Details |
|---|---|
| Constitutional Basis | Articles 5-11 (Part II) |
| Parliament Power | Article 11 |
| Law Enacted | Citizenship Act, 1955 |
| Ways to Acquire Citizenship | Birth, Descent, Registration, Naturalization, Incorporation |
| Ways to Lose Citizenship | Renunciation, Termination, Deprivation |
| Key Amendments | 1986, 1992, 2003, 2005, 2015, 2019 |
| Special Schemes | OCI, PIO (merged 2015), CAA (2019) |
Final Concept Recap
- Articles 5-11 → Define citizenship at commencement
- Citizenship Act, 1955 → Lays post-1950 rules
- 5 Ways to Acquire, 3 Ways to Lose
- Key Amendments → Added modern features
- Rights: Freedom, Equality, Vote
- Duties: Respect, Protect, Defend
One-Line Memory: Citizenship binds rights, laws, and loyalty together.
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