What’s this new boat… CitizenSHIP?

In a nutshell, citizenship is basically your golden ticket to full membership and rights in a country. Think voting, holding public office, and enjoying freedoms like speech, expression, and protection under the law. Sounds fancy, right?

A wise Uncle once said “with great powers come great responsibilities..”

It establishes a bond between an individual and their nation, conferring a range of privileges and responsibilities. In exchange for these rights, you have certain duties and responsibilities towards your nation like obeying the law, paying your taxes, and being kind to nature. Citizenship isn’t just about rights and duties, though. It’s about identity. It gives you that “I belong here” vibe, connecting you to a larger community. When people share that feeling, it sparks unity and maybe even a little patriotism. All in all, it’s a win-win for everyone.

“Sounds simple, doesn’t it? Well, no.”

Welcome to my guide on becoming an Indian citizen. We’re diving into the nitty-gritty of constitutional provisions, the lawmakers’ intentions, the meaning of citizenship, and—because nothing stays the same—the way India’s citizenship rules have evolved over time.

Citizenship Under the Indian Constitution and Citizenship Act, 1955

Part II of the Indian Constitution (Articles 5-11)

The Indian Constitution lays the groundwork for citizenship in Part II, encompassing Articles 5 to 11. These provisions address the conditions under which a person is recognized as a citizen of India at the commencement of the Constitution, along with specific circumstances related to migration, residency, and foreign citizenship. Let’s go over it; (DRS Activated 🏎️)

Article 5: At the commencement of the Constitution, individuals with domicile in India were granted citizenship if they were born in India, had a parent born in India, or had lived in India for at least five years.

Article 6: Migrants from Pakistan were eligible for Indian citizenship if they or their ancestors were born in India as defined in the Government of India Act, 1935. Those who migrated before July 19, 1948, automatically qualified, while later migrants needed registration after a minimum six-month residency.

Article 7: Individuals who migrated to Pakistan after March 1, 1947, were not considered Indian citizens, except for those who returned to India under a valid permit for resettlement.

Article 8: Persons of Indian origin residing outside India could acquire citizenship through registration with Indian diplomatic or consular representatives, provided their ancestors were born in India as per the 1935 Act.

Article 9: Indian citizenship will automatically revoke if a person voluntarily acquired citizenship of a foreign country. (foreshadowing)

Article 10: Those recognized as citizens under Articles 5 to 9 retained their citizenship unless otherwise determined by parliamentary laws.

Article 11: Parliament is empowered to legislate on all matters related to citizenship, including its acquisition and termination.

Indian Citizenship Act, 1955

“I know what you’re thinking: ‘More laws? Really?’ Trust me, I feel you. I’ll make this quick, though. Let’s stick to the highlights for now!” This Act is basically the rulebook for determining who’s an Indian citizen and how someone can become one. Here’s the TL;DR version:

5 primary ways to acquire Indian citizenship:

1. Birth: A person born in India on or after January 26, 1950, is an Indian citizen by birth. A person born outside India on or after January 26, 1950, but before December 10, 1992, is an Indian citizen if their father was an Indian citizen at the time of their birth.
2. Descent: A person born outside India on or after January 26, 1950, but before December 10, 1992, is an Indian citizen if their father was an Indian citizen at the time of their birth. A person born outside India on or after December 10, 1992, is an Indian citizen if either of their parents is an Indian citizen at the time of their birth.
3. Registration: Certain categories of individuals, such as those of Indian origin or married to Indian citizens, can apply for registration as Indian citizens.
4. Naturalization: Foreign nationals who meet specific requirements, such as residing in India for a certain period and fulfilling certain conditions, can apply for naturalization as Indian citizens.
5. Incorporation of Territory: When a new territory is added to India, its inhabitants may be granted Indian citizenship.

“ok no more legislation.”

Shift in Doctrine of Citizenship: From Jus Soli to Jus Sanguinis

’The what to what?!’ Yeah, that was my exact reaction when I first heard these terms.

Historically, India adhered to the principle of jus soli, or “right of soil,” which grants citizenship to individuals born within the country’s territory, regardless of their parents’ nationality. However, over time, India transitioned towards jus sanguinis, or “right of blood,” which emphasizes parental lineage as a primary determinant of citizenship. This shift is evident in the amendments to the Citizenship Act of 1955, particularly the insertion of Section 3(1)(c) in 2004, which stipulates that individuals born in India after December 3, 2004, will only be considered citizens if both their parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant.

“..but, who is an illegal migrant?”

I’m glad you asked! The 2003 amendment to the Citizenship Act provided the definition of an illegal migrant as a foreigner who has entered India;

“Section 2 (1) (b)..(i) without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf; or

(ii) with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time…”

India’s shift from jus soli to jus sanguinis was driven by concerns about uncontrolled population growth and potential security threats. The influx of undocumented migrants, particularly from neighboring countries, raised fears about demographic changes and the strain on resources. This shift aimed to ensure that citizenship was granted based on a stronger connection to the nation through parental lineage, rather than solely on the basis of birth within the country’s borders.

Revocation of Citizenship: Not Just a Slap on the Wrist

Okay, so we’ve covered how you get citizenship. Now, let’s talk about how you can lose it. (FORESHADOWING TIME )

“Article 9: Persons Voluntarily acquiring citizenship of a foreign State not to be citizens. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.”

Article 9 is crystal clear: India doesn’t do dual citizenship. If you voluntarily take citizenship in another country, you lose your Indian citizenship—period.

This is also emphasized in Section 9 of the Citizenship Act, 1955. Basically, the moment you accept another country’s citizenship, your Indian status is gone, no take-backs.

What About Dual citizenship?

Clearly India does not allow dual citizenship.

Example- say I’m an Indian citizen with an Indian passport, Indian parents, and Indian grandparents. If I VoLunTArilY take U.S. or Canadian citizenship, I immediately lose my Indian citizenship, even though those countries allow dual citizenship.

Now, if I was born a U.S. citizen (with my family being U.S. citizens too) and wanted Indian citizenship, I’d have to give up my U.S. passport first. That’s how strict India is about this.

“Alright H, what about OCI cardholders?”

Ah, I see you’re paying attention. Nice! Pat yourself on the back.

The Overseas Citizenship of India (OCI) scheme was introduced as an alternative to dual citizenship for people of Indian origin. It grants certain rights and privileges to individuals who were citizens of India on or before January 26, 1950, or who were eligible to become citizens of India on that date.

Here’s what you get with an OCI card:

• Visa-free travel: You can visit India anytime and stay as long as you want.
• Parity with NRIs: OCI cardholders get the same benefits as Non-Resident Indians (NRIs) in terms of education, finance, and business, except for buying agricultural or plantation land.
• Employment rights: You can work in India (just not in government positions).

Limitations of OCI cards:

• No voting rights: OCI cardholders are not entitled to vote in Indian elections.
• No right to hold public office: OCI cardholders cannot hold any public office in India.
• No political participation: OCI cardholders are not allowed to participate in political activities in India.

So, while it’s not full citizenship, the OCI scheme is a solid middle ground for those who want to maintain ties with India.

“Can i Renounce my Citizenship? or Could I be Deprived of the Same?”

YES.

Sections 8 and 10 of the 1955 Act provides for Renunciation and Deprivation of Citizenship.

Section 8: Renunciation of Citizenship

If you’re an adult and don’t want to be an Indian citizen anymore, you can formally declare it. Once the government registers your declaration, your citizenship ends.

However, if you renounce citizenship during wartime, the process can be delayed until the government says otherwise. Also, any minor children automatically lose their Indian citizenship too—but they can reclaim it once they’re adults.

Section 10: Deprivation of Citizenship

The government can take away your citizenship if:

1. You obtained it through fraud.
2. You’ve shown disloyalty or helped enemies during wartime.
3. You’ve been convicted and jailed for at least two years within five years of becoming a citizen.
4. You’ve lived outside India for seven years without registering your intent to retain citizenship.

But don’t worry—it’s not an arbitrary process. You’ll get notice, and in most cases, a Committee of Inquiry will review the case before any final decision is made.

“Hardy, what’s the deal with the Citizenship Amendment Act, 2019?”

Careful now, this is a sensitive topic. Let me give you my straightforward take on it, cool? Cool.

The Citizenship Amendment Act, 2019 (CAA) is focused on specific religious minorities—Hindus, Sikhs, Jains, Buddhists, Parsis, and Christians—who migrated to India from Pakistan, Bangladesh, and Afghanistan on or before December 31, 2014, because of religious persecution.

Here’s what the CAA does:

• If these minorities entered India without valid travel documents or overstayed their visas, they can apply for Indian citizenship.
• They also get a fast-track route to citizenship—only 6 years of residency instead of the usual 11.

What the CAA doesn’t do:

• It doesn’t change the existing naturalization or registration process for other foreigners.

If you’re curious about the full text of the Act, I’ll leave a link at the end.

Conclusion

We’ve covered quite a journey, haven’t we? From the basics of what citizenship means, to Indian Constitution, the Citizenship Act, and even controversial amendments like the CAA, we’ve pieced together the entire puzzle.

Here’s the bottom line: citizenship isn’t just about legal status—it’s about belonging. It’s a bond between individuals and their nation, full of rights, responsibilities, and a shared sense of identity. But as we’ve seen, it’s not always simple. Laws evolve, doctrines shift, and policies adapt to the realities of a changing world.

Whether you’re trying to understand how citizenship is acquired, the differences between Indian citizenship and OCI, or what happens when you renounce it, the takeaway is this: India’s approach to citizenship has become more strict, more careful and it keeps changing from one ideology to another.

And now, it’s over to you—questions, thoughts, debates? Let’s keep the conversation going!