Meaning of Citizenship

The population of a State is divided into two classes-Citizens and aliens. A

Citizen of a State is a person who enjoys full civil and political rights in that
State. He enjoys full membership of the political community 1. Therefore,
Citizenship simply means the membership of the political community or the
State. Citizenship is a legal status determined by the specific rights and duties.
Citizen of a State is he who has political rights in, the duty of military service
for, and diplomatic protection abroad, by the State concerned. Citizenship
carries with it certain advantages. There are certain Fundamental Rights which
are available only to the Citizens of India 2. Again, Citizens alone have the right
to hold certain high offices, such as, that of the President, the Vice President, the
Governor of a State, the Judges of the Supreme Court and the High Courts, the
Attorney-General, and the Advocate General of a State 3. Also the right to vote to
elect representatives of the Union and the State Legislatures, the right to contest
the elections and be elected to such Legislatures is vested in a Citizen of India
only4.
Citizenship carries with it certain obligations as well. For example, the
Fundamental Duties contained in Article 51-A are addressed to the Citizens of
India only.

1 United States vs. Cruikshank, (1875) 92 U.S. 542.

2 Articles 15, 16, 19, 29, 30 of the Constitution.
3 Articles 58, 66(3), 157, 124(3), 217(2), 76, 165.
4 Articles 326, 84, 102, 173, 191 of the Constitution of India.

Constitutional Provisions
The Constitution does not lay down a permanent or comprehensive provision
relating to Citizenship in India. Part II of the Constitution simply describes
classes of persons who would be deemed to be the Citizens of India at the
commencement of the Constitution, the 26th January, 1950, and leaves the entire
law of Citizenship to be regulated by law made by Parliament. Article 11
expressly confers power on Parliament to make laws to provide for such
matters. In exercise of its power, the Parliament has enacted the Indian
Citizenship Act, 1955. This act provides for the acquisition and termination of
Citizenship subsequent to the commencement of the Constitution.

Citizenship and Nationality

Citizenship may be distinguished from Nationality of a person. While the
former refers to the relationship of an individual with the State from the internal
aspect, the latter refers to similar relationship from the International aspect5.
The term National is often used as synonymous with Citizen. But, the former
has a broader significance than the latter6. For, while all Citizens of a State must
be its Nationals, all Nationals may not be its Citizens. Further, while
Nationality is the concept of International Law, Citizenship is determined under
municipal law7. A person is a National of a State if there is a genuine connection
5 D.D. Basu, Commentary on the Constitution of India, A, 1982, 185.
6 Encyclopaedia Brittanica, XVI 151.
7 Article 2, the Conflict of Nationality Laws Conventions, Hague, 1930. See Basu supra note 7, 186.

between the State and such person, conforming to the general principles of
International Law, irrespective of the rights enjoyed by that person under the
municipal law of that State. This relation continues even though that person is
outside the territorial limits of the State8.
Again, while Nationals of a State are persons who are politically members of
that State and owe allegiance to that State, Citizens are those who possess
special rights, which rights are determined by the municipal laws of each State,
such as the rights of suffrage. These rights may not be enjoyed by the Nationals
of that State9. Therefore, every Citizen of India would also be regarded as an
Indian National10.

Alien and Foreigner

A person is an alien in a State if he is not a Citizen of that State. Section 2(a) of
the Foreigners Act, 1946 defined the term foreigner. After the amendment in
1957, the term foreigner is defined to mean the same thing as an alien i.e. a
person who is not a citizen of India.
Aliens are either resident aliens or non-resident aliens. Resident aliens are those
persons, who for the time being reside within the territory of the State, and so
possess a temporary and territorial title to State-membership. They stand on a
lower level, as compared to citizens in the scale of legal rights, though they have
claim to the protection of the laws and government of the State. Also, the State
has jurisdiction over them11. On the other hand, non-resident aliens possess no
title of membership and stand altogether outside the body politic.
8 Ibid. Nationality may not be accompanied by residence in State. Also, a person may lose his
citizenship without losing his nationality. See Digest of International Law Cases, 213.
9 State Trading Corporation vs. C.T.O., AIR 1963 SC 1811.
10 Basu supra note 7, 187.

Again, aliens are either, friendly aliens or enemy aliens. Friendly aliens are
those persons who are not enemy aliens. An enemy alien is a person who is a
subject of a State at war with India. It also includes Indian subjects voluntarily
residing in or trading with, an enemy country. While, a friendly alien resident in
India may be conferred with full civil rights as opposed to political rights, an
enemy alien is not held entitled to such rights12.

CITIZENSHIP OF INDIA AT THE COMMENCEMENT

OF THE CONSTITUTION
On partition of the country, some people were living in India, some people came
from Pakistan, and some others were living abroad. The problem relating to the
Citizenship of India, is, therefore, tackled by three-fold provisions. A person, at
the commencement of the constitution, could be a citizen of India in the
following ways1. By domicile
2. By migration
3. By registration

Citizenship by Domicile (Article 5)

According to Article 5 of the Constitution, a person is entitled to the citizenship
of India if he fulfils the following conditions1. He must, at the commencement of the constitution, have his domicile,
in the territory of India; and,
2. Such person must fulfil anyone of the following three conditions(a) He was born in the territory of India; or
(b) Either of his parents was born in the territory of India; or
11 H.M. Seervai, Constitutional Law of India, 1991, 315, quoting Salmond, Citizenship and
Allegiance, (1901) 17 I.Q.R. 270-1.
12 See, e.g., Clause 3(a) of Article 22 of the Constitution of India.

He must have been ordinarily resident13 in the territory of India

(c)

for

not

less

than

years

immediately

preceding

the

commencement of the constitution.

Domicile in India is considered an essential requirement for acquiring the status
of Indian Citizenship. But the term domicile has not been defined in the Indian
Constitution. Ordinarily, it means the home or the place where a person resides
with the intention to remain there permanently and without any present
intention to remove himself therefrom. It is a place which a person fixes as a
habitation for himself and his family, for not a mere special or temporary
purpose but with a present intention of making it his permanent home.
Domicile is different from place of birth. The two are not synonymous
expressions, though appeared to be so to some of the members of the
Constituent Assembly14.
Domicile is not the same thing as residence, for, residence implies the purely
physical fact, fact of just being and living at a particular place. But, domicile is
not only residence, it is residence coupled with intention to live indefinitely at
the place15.
Two elements are necessary for constituting the domicile of a person(a)
(b)

Actual residence at the place, and

The present intention to remain there permanently.

13 See Section 20 of the Representation of People Act, 1950.

14 See Saurabh Chaudhri vs. Union of India, AIR 2004 SC 361.
15 Laxmi Narayan vs. State of Jharkhand, AIR 2002 Jhar. 104; Central Bank of India vs. Ram
Narayan, AIR 1955 SC 36. See also Sankaran Govindan vs. Bharathi, AIR 1974 SC 1764.

Thus, there must be both, the factum and animus, to constitute the existence of
domicile, for neither mere residence nor mere intention to reside at the place is
sufficient to constitute the domicile of the person.
The intention may be express or it may be inferred from the conduct or
circumstances of the person. A person born in Goa in 1918 to Goan parents
came to Bombay in 1927 when he was 9 years of age. He was educated in
Bombay and having completed his school education in1936, started his fathers
business in Bombay itself. In 1942, he joined the Royal Indian Force and was
discharged from the service in 1946. In the discharge certificate issued to him,
he gave as his permanent residence his Bombay address for all necessary
communications to him and carried on his fathers business there. His name
appeared in the Municipal Rolls as a voter in Bombay. All these facts go to
show that he enjoyed civil franchise in the city of Bombay. He was held to be
having his domicile in Bombay16.
In Mohd. Raza vs. State of Bombay17, the appellant came to India in 1938 and
remained there till 1945, when he went on a pilgrimage to Iraq for one year. On
his return to India from the pilgrimage, he registered himself as a foreigner and
took the job of a cashier in a hotel in India. Several times his stay in India was
extended. In 1957 his request for extension of his stay was refused. These facts
established that there was a change in his mind, and that he had no intention to
make India his permanent home. His application for extending his stay in India,
made from time to time, fortified this conclusion.

Kinds of Domicile
There are two kinds of domicile-domicile of origin and domicile of choice.
16 Michael vs. State of Bombay, AIR 1956 Bom. 729.
17 AIR 1966 SC 1436

Every person is born with a domicile of origin. It is the domicile which he

receives at the time of his birth. The domicile of origin of every person of
legitimate birth is the place where, at the time of his birth his father is
domiciled. The domicile of origin of the illegitimate child is the place where, at
the time of his birth, his mother is domiciled18.
The domicile of origin is a concept of law and it clings to the man till he
abandons it and has a domicile of choice19.
A married woman takes the domicile of her husband on her marriage20. A widow
retains the domicile of her deceased husband till she changes it.
Every person of full age and capacity can acquire a domicile of choice by
abandoning his domicile of origin. He can acquire the domicile of choice by
moving from the place of his residence to another place and settling down there
with a definite intention to remain there permanently. The onus to prove that he
has changed his domicile of origin, lies on him. It depends on his conduct and
for this purpose, the course of his conduct, both before and after the material
time, is relevant.

Single Domicile in India

In Pradeep Jain vs. Union of India 21, the Supreme Court has repudiated the
notion of State Domicile. The Court observed that the Constitution of India
recognised on one domicile, namely, the domicile of India. The Court observed
that India was not a federal State in the traditional sense of that term. It was not
18 Malkiat Singh vs. State of Punjab, AIR 1959 Pb. 250.
19 Louis De Raedt vs. Union of India, AIR 1991 SC 1886.
20 Karimun Nisa vs. State of Madhya Pradesh, AIR 1955 Nag 6.
21 AIR 1984 SC 1420. Also see State of Bombay vs. Narayan Dass, AIR 1958 Bom 68.

a compact of sovereign States which had come together to form a federation by

ceding a part of their sovereignty to the federal State. Though, Indian Federation
had certain federal features, it was not still a federal State and it had only one
citizenship, namely, the citizenship of India.

Citizenship by Migration (Article 6)

On partition of the country, people residing in Pakistan and migrating to the
territory of India, could not be regarded Indian citizens under the provisions of
Article 5, special provisions under Articles 6 and 7 had, therefore been made for
them.
Article 6 is applicable to persons of Indian origin, i.e., those who themselves
were born within the territory of India as defined in the Government of India
Act, 1935, or either of their parents was born in India so defined, or any of their
grandparents was born in the territory of India so defined.
Any of such persons migrating from Pakistan to India could acquire Indian
citizenship, under this provision. Article 6 has classified such persons migrating
from Pakistan to India into two categories(i)
(ii)

Those who came to India before 19th July, 1948, and

Those who came to India on or after 19th July 1948

Migration from Pakistan to India before 19th July, 1948

Article 6 provides that a person of Indian origin shall be deemed to be a citizen
of India, at the commencement of the Constitution, if he, having migrated from
Pakistan to India before the 19th July, 1948, has been ordinarily resident in the
territory of India since the date of his migration.

Migration from Pakistan to India on or after 19 th July,

1948

A person of Indian origin shall be deemed to be a citizen of India if he migrated

from Pakistan to India on or after 19th July, 1948, only when he has been
registered as a citizen of India by an officer appointed in that behalf by the
Government of the Dominion of India. His application could be accepted for
registration only if he had been resident in the territory of India for at least six
months immediately preceding the date of his application22.

Citizenship of Migrants to Pakistan (Article 7)

Article 7 provides that a citizen of India, whether by domicile or by migration,
ceased to be a citizen of India, if he had migrated to Pakistan after 1st March,
194723. Article 7 overrides Article 5 for even if a person was a citizen of India
by virtue of Article 5, he would cease to be a citizen of India, if he migrated to
Pakistan after 1st March, 1947. Similarly, a person acquiring the citizenship of
India under Article 6 would cease to be a citizen of India, if he had migrated to
Pakistan after this date.

Migrants returning back to India

Proviso to Article 7 contains an exception in favour of persons who having
migrated to Pakistan, returned back to India. It provides that a person, who
after having migrated to Pakistan , returned to the territory of India, under a
permit for resettlement or permanent return to India, issued by or under the
authority of any law, could be registered as a citizen of India.
22 Article 6 (b) (ii).
23 It was on this day that communal riots started in India and migration of Muslims to the Muslim
majority areas began.

Such a person would be deemed to have migrated from Pakistan to India after
19th July, 1948. Therefore, it required that such a person was to make an
application for his registration as a citizen of India, to an officer appointed by
Government of India. He could be so registered only if he had resided in the
territory of India for at least 6 months immediately preceding the date of his
application. On his registration, he would be deemed to be a citizen of India.

Migration
Articles 6 and 7 deal with persons migrating from Pakistan to India and vice
versa. The term migration came for consideration before the Supreme Court in
Kulathil Mamma vs. State of Kerala24. In this case, the appellant aged 12
years, left for Pakistan in 1948, leaving his parents in India. He came to India
in 1954 on Pakistan passport. He again left for Pakistan and came to India in
1956. The Supreme Court held that he had lost his Indian citizenship because of
his migrating to Pakistan.
The court observed that the term migrated used in Articles 6 and 7 had to be
construed with reference to the context and purpose and the prevailing political
conditions at the time of the Constitution of India was being enacted. So
interpreted, the word migration could mean nothing except voluntary going
from India to Pakistan permanently or temporarily.

24 AIR 1966 SC 1614. See also State of Assam vs. Jil Kadar, AIR 1972 SC 2166; Bhanwaroo Khan
vs. Union of India, JT 2002 (3) SC 464; Mohd Ayub Khan vs. Commissioner of Police, Madras, AIR
1965 SC 1623.

The majority of the supreme court held that the term migration was used in a
wider sense so as to mean, going from one place to another, whether with the
intention to reside there permanently or not, but the movement should be
voluntary and not for specific purpose, or for specific or limited time.
But, a citizen of India would not lose his Indian citizenship, by a mere
temporary visit to Pakistan on some business or otherwise25.

Citizenship by Registration (Article 8)

Article 8 deals with the right of citizenship of persons of Indian origin,
residing outside undivided India. It provides that any person who or either of
his parents or any of his grandparents was born in the territory of India as
defined in the Government of India Act, 1935, and who was ordinary resident in
any country outside India as so defined, would be deemed to be a citizen of
India, if he was registered as a citizen of India, by the Diplomatic or Consular
Representative of India in the country where, for the time being, he was
residing.
Article 8 required that, a person of Indian origin residing abroad, at the
commencement of the Constitution, could register himself as a citizen of India,
by making an application to the Diplomatic or Consular Representative of India
in the country where he was for the time being residing. Such an application
could be made before or after the commencement of the Constitution, i.e., 26 th
25 State of Andhra Pradesh vs. Khadar, AIR 1961 SC 1468.

January, 1950. The application could be made in the form and manner
prescribed by the Government of the Dominion of India or the Government of
India.

No Dual Citizenship
Article 9 enacts that a person who has voluntarily acquired the citizenship of a
foreign State shall not be deemed to be a citizen of India. This Article deals
with the voluntary acquisition by a citizen of India, of citizenship of a foreign
state before the commencement of the Constitution.
Article 9 recognises the principle that no Indian citizen can claim a dual or
plural citizenship.

Continuance of the right of Citizenship (Article 10)

Article 10 provides that every person who is or is deemed to be a citizen of
India under the provisions of articles 5 to 8, shall continue to be a citizen of
India, subject, however, to the provisions of any law that may be made by the
Parliament. It thus enacts that the right to citizenship of India given under the
provisions of the Constitution can only be taken away by an express law made
by the Union Parliament for the purpose26.

CITIZENSHIP OF INDIA AFTER THE COMMENCEMENT OF

THE CONSTITUTION
(THE CITIZENSHIP ACT, 1955)
Article 11 of the constitution expressly empowers the Union Parliament to make
a law with respect to the acquisition and termination of citizenship of India after
26 Ebrahim Wazir vs. State of Bombay, AIR 1954 SC 229. See also Article 19 (d) and (e).

the commencement of the Constitution and all other related matters. In the
exercise of this power, Parliament has enacted the Citizenship Act, 1955. The
Act recognises formally the concept of Commonwealth citizenship. The Act
does not apply to a company, association or a body of individuals, whether
incorporated or not27.

ACQUISITION OF CITIZENSHIP OF INDIA After the Commencement

of the Constitution (i.e., after 26th January, 1950)
The Citizenship Act, 1955 provides the following modes of acquiring Indian
citizenship after the commencement of the constitution(i) Citizenship by Birth (Section 3)
Section 3 of the Citizenship Act, 1955 provides that every person born in India
on or after 26th January, 1950, shall be a citizen of India by birth.
However, no such person as above said shall be a citizen of India if at the time
of his birth-

27 Section 2(f) of the Citizenship Act, 1955. See also State Trading Corporation vs. C.T.O., AIR
1963 SC 1811.

(a) His father (or mother)28 possesses such immunity from suits and legal
processes as is accorded to an envoy of a foreign sovereign power and (he
or she, as the case may be)29 is not an Indian citizen; or
(b) His father (or mother)30 is an enemy alien and his birth takes place in a
territory then under enemy occupation.
The Amendment Act, 1986, amends Section 3 of the Citizenship Act, 1955, and
provides that citizenship by birth can be acquired only by such persons whose
either of the parents is a citizen of India at the time of his birth. This amendment
came into force on 1st July, 1987, and therefore is applicable to the cases
occurring on and after this date.
The Citizenship (Amendment) Act, 2003, has amended Section 3 to the effect
that a person born in India on or after the commencement of this Amendment
Act, shall be a citizen of India by birth if at the time of his birth(i) Both of his parents are citizens of India; or
(ii)One of whose parents is a citizen of India and the other is not an illegal
migrant31.

(ii) Citizenship by Descent (Section 4)

Section 4 of the Citizenship Act, 1955, provides that a person born outside India
on or after 26th January, 1950, shall be a citizen of India by descent, if, at the
time of his birth, his father is a citizen of India.
28 Ins. by the Citizenship (Amendment) Act, 1986, (w.e.f. 1-7-1987).
29 Ibid.
30 Ibid.
31 The expression illegal migrant means a foreigner who has entered into India without valid
travel documents or having entered into India with such documents remains therein beyond permitted
period of time. See Section 2(b) of the Citizenship (Amendment) Act, 2003.

However, if the father of such a person is himself a citizen of India by descent,

then such a person shall not be a citizen of India unless(a) His birth is registered at the Indian Consulate, or
(b) His father is, at the time of his birth, in the service under a Government in
India.
The birth of such a person can be registered, with the Indian Consulate, within
one year of its occurrence or within one year of the commencement of the
Citizenship Act, 1955, or within such period as extended by Government of
India.
The Citizenship (Amendment) Act, 1992 amended Section 4 of the
Citizenship Act, 1955, to the effect that in place of the words his father , the
words either of his parents have been added32. Thus, a person born outside
India shall be a citizen of India if at the time of his birth either of his parents is
a citizen of India.
The Citizenship (Amendment) Act, 2003, has amended Section 4 to the effect
that birth of such a person as aforesaid shall not be registered on or after the
commencement of this Amendment Act unless the parents of such person
declare, in such form and in such manner as may be prescribed, that the minor
does not hold the passport of another country. A minor, who is a citizen of India
by virtue of this Section and is also a citizen of any other country, shall cease to
be citizen of India if he does not renounce the citizenship or nationality of
another country, within six months of attaining full age33.

(iii) Citizenship by Registration (Section 5)

32 The Act came into force on 10th December, 1992.

33 See Proviso to sub-clause (ii) of clause (b) of Section 4 of the Citizenship (Amendment) Act, 2003.

Section 5 of the Citizenship Act, 1955, provides for the registration of certain
categories of persons as citizens of India. This Section lays down that the
prescribed authority may, on application made in this behalf, register as citizen
of India, any person, who is not a citizen by virtue of any provision of the
Constitution or by virtue of any other provision of the Citizenship Act, 195534
and belongs to any of the following categories:
(a) Persons of Indian origin, who are ordinarily resident in India and have
been so resident for six months (five years) 35 (seven years)36 immediately
before making an application for registration;
(b) Persons of Indian origin who are ordinarily resident in any country or
place outside undivided India;
(c) Women, who are or have been married to citizens of India37. After the
passing of the Citizenship (Amendment) Act, 1986, this provision reads as
persons who are, or have been, married to citizens of India and are
ordinarily resident in India and have been so resident for five years (seven
years)38 immediately before making an application for registration;
(d) Minor children of persons who are citizens of India;
(e) Persons of full age and capacity, who are citizens of a country mentioned
in the First Schedule39 to the Citizenship Act, 1955.
34 The Citizenship Act, 1955 as amended by the Citizenship Amendment Act 2003.
35 The Citizenship( Amendment) Act, 1986 extended this period of six months to five years w.e.f. 26 th
November, 1986.
36 Substituted for five years by the Citizenship (Amendment) Act, 2003. The Act came into force on
3-12-2004.
37 The Citizenship (Amendment) Act, 1986, now requires that a woman married to a citizen of India
must have resided in India at least for 5 years before she is registered as a citizen of India under
section 5, w.e.f. 26th November, 1986.
38 Substituted for 5 years by the Citizenship (Amendment) Act, 2003, w.e.f. 3-122004.

Category (e) is substituted by the Citizenship (Amendment) Act, 2003 by the

following categories:
(e) a person of full age and capacity whose parents are registered as
citizens of India under clause (a) of this sub-section or sub section (1)
of section 6;
[(f) a person of full age and capacity, who or either of his parents was

40

either citizens of independent India and has been residing in India for
one year immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an
overseas citizen of India for five years and who has been residing in
India for two years before making an application for registration.
For the purpose of clauses (a) and (c) above, an applicant shall be deemed to be
ordinarily resident in India if,(i) He has resided in India throughout the period of twelve months
immediately before making an application for registration; and
(ii)he has resided in India during the eight years immediately preceding the
said period of twelve months for a period of not less than six years.
For the purpose of this Section, a person shall be deemed to be of Indian origin
if he or either of his parents was born in undivided India or in such other
territory which became part of India after the 15th day of August, 1947.
The Central Government, for reasons recorded in writing, may grant exemption
from the residential requirement under clause (c) of sub-section (1) to any
person or a class of persons, if it is satisfied that circumstances exist which
render it necessary to do so.]
39 This Schedule included the Commonwealth countries and the Republic of Ireland.
40 Inserted by the Citizenship (Amendment) Act, 2003.

Section 5 further provides that the Central Government may lay down
conditions and restrictions subject to which the above categories of persons may
be registered. 41[The government has framed the following rules for the purpose:
(i) A person shall be deemed to be of Indian origin if he or either of his
parents or any of his grandparents was born in undivided India;
(ii)A person of full age shall not be registered as a citizen of India unless he
takes an oath of allegiance to the constitution of India;
(iii)
A person who has renounced or has been deprived of his Indian
citizenship or whose Indian citizenship has been terminated, shall not be
registered as a citizen except by order of Central Government;
(iv)
A minor may be registered as a citizen if the Central Government is
satisfied that there are special circumstances justifying such a
registration; and
(v) A person so registered shall be a citizen of India by registration, as from
the date he has been so registered.]
A certificate of registration is conclusive evidence of acquiring Indian
citizenship except when it is proved otherwise42.
The Government of India has unrestricted power under section 14 of the
Citizenship Act, 1955 to refuse citizenship without assigning any reasons
whatsoever and a foreign national has no legal right to claim Indian
citizenship43. He cannot claim equal rights under article 14 with that of the
Indian nationals.

(iv) Citizenship by Naturalisation (Section 6)

41 Substituted by the Citizenship (Amendment) Act, 2003, by new provisions.

42 Hari Shankar Jain vs. Sonia Gandhi, AIR 2001 SC 3689.
43 Madan Lal Aryavs. Union of India, AIR 2003 All. 11.

Naturalisation means to adopt, to introduce to any other country, to admit to

citizenship, or to naturalise as a citizen of a State. In the context of citizenship,
naturalisation is the act by which rights of citizenship are conferred by a State
upon a person who was before, an alien to that State44. Section 6 of the
Citizenship Act, 1955, provides for the acquisition of citizenship of India by
naturalisation. It is applicable to persons of full age and capacity, who are not
the citizens of the countries mentioned in the First Schedule to the Act45.
The Government of India may, if satisfied that the applicant is qualified for
naturalisation, grant him a certificate of naturalisation. The qualifications for
naturalisation of a person are as follows-46
(i) That he must not be a citizen of a country where Indian citizens are
prevented from becoming citizens of that country by naturalisation;
(ii)That he 47[has renounced the citizenship of his own country according to
the law of that country and has notified such renunciation to the Central
Government];
(iii)
That he has either resided in India or has been in service of
Government of India for 12 months immediately preceding the date of
making the application for naturalisation;

44 Basu, supra note 7, 222.

45 The Schedule contains Commonwealth Countries.
46 See the Third Schedule to the Citizenship Act, 1955.
47 These words are substituted for the words he undertakes to renounce the citizenship of that
country in the event of his application for Indian Citizenship being accepted.

(iv)

That during 7 years (12 years)48 (14 years)49 immediately preceding

the above period of 12 months, he has either resided in India or has been
in the service of Government or partly the one and partly the other, for
period amounting in aggregate to not less than 4 years (9 years) 50 (11
years)51,
(v) That he is of good character;
(vi)
That he has adequate knowledge of at least one language
recognised by Constitution of India52; and
(vii)
That in the event of a certificate of naturalisation being granted to
him, he intends to reside in India or to serve under a Government in India
or under an international organisation or under a society, company or
body of persons established in India.
The Government of India may waive all or any of the above conditions for
naturalisation, in the case of a person who, in its opinion, has rendered
distinguished service for the cause of science, philosophy, art, literature, world
peace or human progress generally53.

(v) Citizenship by Incorporation of Territory (Section 7)

48 The words 7 years replaced by the words 12 years. This change was incorporated by the
Citizenship (Amendment) Act, 1986, w.e.f. 26th November, 1986.
49 Subs. by the Citizenship (Amendment) Act, 2003.
50 This change was incorporated by the Citizenship (Amendment) Act, 1986 w.e.f. 26th November,
1986.
51 The words 9 years were substituted by the words 11 years by the Citizenship (Amendment) Act,
2003, w.e.f. 3-12-2004.
52 See the Eighth Schedule to the Constitution, as it stands amended by the Constitution (Ninetysecond Amendment) Act, 2003, which includes 22 languages.
53 Proviso to clause (1) of Section 6 of the Citizenship Act, 1955.

Section 7 of the Citizenship Act, 1955, provides that if any territory, not being
part of the territory of India, becomes a part of the territory of India, the
Government of India may, by order, notified in the Official Gazette, specify the
persons, who are residents of such territory, to be citizens of India from the date
to be specified in the order.

Citizenship of Persons covered by Assam Accord, 1985

The Citizenship (Amendment) Act, 198554, inserted Section 6-A in the
Citizenship Act, 1955, to give effect to the Memorandum of Settlement relating
to the foreigners issue in Assam. This section provides citizenship of India for
persons of Indian origin who had come to Assam before 1st January, 1966.
Those who came to Assam after 1st January, 1966 but before 25th March, 1971
and have been detected to be foreigners would have to register themselves. Such
person shall have the same rights and obligations as citizens of India. But, such
persons shall be deemed to be citizens of India for all purposes as from the date
of expiry of a period of ten years from the date on which they have been
detected to be foreigners.

Overseas Citizenship for Persons of Indian Origin

The Citizenship (Amendment) Act, 2003, provides for dual citizenship to
Persons of Indian Origin (PIOs) residing in 16 countries. Among other things,
the Act simplifies the procedure to facilitate the re-acquisition of Indian
Citizenship by persons of full age, who are persons of Indian origin and former
Indian citizens, without having to forego the citizenship of the countries in
which they live. As per the Act, the PIOs who seek dual citizenship would be
54 The Act came into force on 7-12-1985.

allowed free movement without visas and be able to own properties, build or
invest directly in projects in the country. However, they will not have any
political rights, will not be allowed to vote or run for office or take jobs in
defence services55.
The Act would fulfil a long pending demand of the non resident Indians. It
would enable both Bharatvasis and Bharatvanshis to contribute together to the
cause of Indias development56.

Overseas Citizenship of India

The Citizenship (Amendment) Act, 2003, provides for registration of the
following persons as overseas citizens of India57(a) Any person of Indian origin, of full age and capacity, who is a citizen of
any country specified in the Fourth Schedule, to the Act;
(b) Any person of full age and capacity who has obtained the citizenship of a
specified country on or after the commencement of the Amendment Act,
2003 and who was a citizen of India immediately before such
commencement;
(c) Any minor children of a person mentioned in the above mentioned
categories (a) and (b).
The registration, as an overseas citizen of India, may be done by the Central
Government, subject to such conditions and restrictions including the condition
of reciprocity, as may be prescribed by the said Government. The person, so

55 See the Objects and Reasons attached to the Act.

56 The Act was brought into force with effect from 3-12-2004.
57 Section 7-A of the Citizenship (Amendment) Act, 2003.

registered, shall be an overseas citizen of India, as from the date on which he is

so registered58.
No person, who has been deprived of his Indian citizenship, under the
Citizenship (Amendment) Act, 2003, shall be so registered, except by an order of
the Central Government59.

Rights of Overseas Citizens of India

Sectin 7-B of the Citizenship (Amendment) Act, 2003 provides that the Central
Government, may, by notification in the Official Gazette, specify the rights, to
which an overseas citizen of India would be entitled, except the rights conferred
on Citizen of India under Articles 16, 58, 66, 124, 217, Sections 3, 4, 5, 5-A, 6,
16, of the Representation of People Act, 1951.
An overseas citizen of India shall not be appointed to public services and posts
in connection with the affairs of the union or of any State, except for
appointment in such services as the Central Government in that behalf, specify
by special order60.

TERMINATION OF CITIZENSHIP OF INDIA

Article 9 of the Constitution lays down that a citizen of India whether by virtue
of Article 5 or Article 6 or Article 8, shall cease to be a citizen of India, if he has
voluntarily acquired the citizenship of any foreign State. Under this provision, a
citizen of India, shall cease to be a citizen of India, if he had voluntarily
58 Clause (2) of the Citizenship( Amendment) Act, 2003.
59 Clause (3) of Section 7-A of the Citizenship (Amendment) Act, 2003.
60 Sub-clause (9) of clause (2) of Section 7-A of the Citizenship (Amendment) Act, 2003.

acquired the citizenship of a foreign State, prior to or at the commencement of

the Constitution.
As regards the termination of citizenship of India subsequent to the
commencement of the Constitution, the Citizenship Act, 1955 provides the
following ways(a) by renunciation, or
(b) by termination, or
(c) by deprivation

(a) Renunciation of Citizenship (Section 8)

Section 8 of the Citizenship Act, 1955 provides that a citizen of India of full age
and capacity, 61[who is also a citizen or national of any other country], may
renounce his Indian citizenship, by making a declaration to the effect, (in the
prescribed form and manner)62, and having it registered with the prescribed
authority. Upon such registration, that person shall cease to be a citizen of India.
But, if, such a declaration is made during any war in which India is engaged, the
registration of such declaration shall be withheld until the Central Government
otherwise directs.
Clause (2) of section 8 provides that where a male person renounces his
citizenship, every minor child of that person shall also cease to be a citizen of
India. However, such a child may resume Indian citizenship by making a

61 These words are omitted by the Citizenship (Amendment) Act, 2003, Sec. 8.
62 Inserted by the Citizenship (Amendment) Act, 2003, Section 8(b).

declaration 63[in the prescribed form and manner] to that effect, within one year
of his attaining majority/maturity64.
[For the purpose of renunciation, any woman, who is or has been married, shall
deemed to be of full age.]
The Citizenship (Amendment) Act, 1992 has amended sub-section (2) of Section
8 to the effect that in place of the words a male person, the words a person
shall be substituted. Thus, the minor children of a person, whether male or
female, who renounces his/her Indian citizenship, shall also cease to be citizens
of India65.
Section 7-C of the Citizenship (Amendment) Act, 2003, enables an overseas
citizen of India, of full age and capacity, to renounce his overseas citizenship of
India by making a declaration and getting it registered with the Central
Government. Upon such registration he shall cease to be an overseas citizen of
India. Every minor child of such a person shall also cease to be an overseas
citizen of India.

(b) Termination of Citizenship (Section 9)

Section 9 of the Citizenship Act, 1955 provides that if a citizen of India
voluntarily acquires the citizenship of any other country, subsequent to the
commencement of the Constitution; he shall cease to be a citizen of India. But, it
will not apply to a citizen of India who, during any war in which India may be
engaged, voluntarily acquires the citizenship of any other country.
63Inserted by the Citizenship (Amendment) Act, 2003.
64 Section 8(3).
65 Clause (2) of Section 7C of the Citizenship (Amendment) Act, 2003.

Cases that would ordinarily arise about loss of Indian citizenship by acquisition
of foreign citizenship would be of three kinds(a) Indian citizen who voluntarily acquires the citizenship of any other State
or country prior to the commencement of the Constitution;
(b) Indian citizen who voluntarily acquires the citizenship of any other State
or country between 26th January, 1950 and December 30, 1955 i.e., the
date of the commencement of the Citizenship Act, 1955;
(c) Indian citizen who voluntarily acquires foreign citizenship after the date
of the commencement of the Citizenship Act i.e., December 30, 1955.
As regards the first category, it would be dealt under Article 9 of the
Constitution. The second and third categories would be covered by the
provisions of Section 9 of the Citizenship Act, 1955.

(c) Deprivation of Citizenship (Section 10)

Section 10 of the Citizenship Act, 1955 provides that a citizen of India, whether
by naturalisation or by registration or by domicile or by residence, may be
deprived of his citizenship of India, by an order of the Central Government, if it
is satisfied(i) That the registration or certificate of naturalisation was obtained by him
by means of fraud, false representation or concealment of any material
fact; or
(ii)That he has shown himself, by act or speech, to be disloyal or disaffected
towards the Constitution of India; or
(iii)
That he, during a war in which India may be engaged, unlawfully
traded or communicated with the enemy; or
(iv)
That within five years of his registration or naturalisation, he has
been sentenced to imprisonment for not less than two years; or
(v) That he has been ordinarily resident out of India for 7 years continuously
and during that period, he has neither been at any time, a student of an

educational institution in a country outside India; nor, in the service of

Government of India, or of an International Organisation of which India
is a member; nor registered annually in the prescribed manner, at an
Indian Consulate; his intention to retain his citizenship of India.
As regards the Overseas Citizens of India, Section 7-D of the Citizenship
(Amendment) Act, 2003, provides that the Central Government may, by order,
cancel the registration of such a person, on any of the grounds mentioned in
clauses (i) to (iv), above as also, if it is necessary to do so, in the interest of the
Sovereignty and Integrity of India; friendly relations with any foreign country;
or in the interest of the general public.

Commonwealth Citizenship (Section 11)

Section 11 of the Citizenship Act, 1955, provided for Commonwealth
Citizenship. It lays down that every person, who is a citizen of a
Commonwealth country, shall by virtue of that citizenship, enjoy the status of a
Commonwealth Citizen in India. Section 12 of the Citizenship Act, 1955, further
provides that the Central Government may, by an order, notified in the Official
Gazette, make provisions, on the basis of reciprocity, of the conferment of all or
any of the rights of an Indian citizen, on a citizen of a Commonwealth country.

A Company or Corporation, whether a Citizen of India

In State Trading Corporation vs. Commercial Tax Officer 66, the Supreme
Court held that a company or a corporation could not be a citizen of India, and,
therefore, could not claim, such of the Fundamental Rights, as had been
conferred upon the citizens only.
66 AIR 1963 SC 1811.

The State Trading Corporation is a Government company registered under the

Indian Companies Act, 1956. It consists of the President of India and the
Secretary to the Ministry of Commerce as its share holders. It enjoys the status
as that of a private limited company. The basic question before the Court was
whether the corporation was a citizen of India. The Supreme Court answered the
question in the negative. The Court observed that the Indian Constitution did not
define the term citizenship. Part II of the constitution dealt with the term
citizenship in certain circumstances only, but the tenor of these provisions was
such that they could not apply to a juristic person like a corporation. The
Citizenship Act, 1955 expressly excluded a company, association, body of
individuals, whether incorporated or not, from the concept of a person under the
Act and so from the concept of Indian citizenship. Thus, only a natural person
could be a citizen of India under the constitution as well as under the
Citizenship Act, 1955.
The question again arose in Tata Engineering and Locomotive Company vs.
State of Bihar67. In this case, in the petition by the company, some
shareholders, who were the citizens of India, also joined as petitioners. They
argued that though the company was not a citizen, but its shareholders were
citizens and if it was shown that all its shareholders were citizens of India, the
veil of corporate personality might be lifted to protect the Fundamental Rights
of the citizens, the shareholders of the company. The Court, however, refused to
accept this argument saying that piercing the corporate veil had been done only
in a very few cases, and that this was an exception rather than a rule.

67 AIR 1965 SC 40.

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Kumar, Prof. Narender. Constitutional Law of India. Allahabad Law
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Basu, Dr. Durga Das. Introduction to the Constitution of India.
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Pandey, Dr. J.N. Constitutional Law of India. Central Law Agency.
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Shukla, V.N. Constitution of India. Eastern Book Company.
Lucknow. 10th Edition.