Who Is a Citizen? — Articles 5–11 and the Citizenship Act, 1955
Key flashcards on India's constitutional citizenship provisions and the statutory rules for acquiring citizenship.
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Questions Covered in This Set
11 cards to master
Which Articles of the Constitution deal with citizenship?
Part II, Articles 5 to 11. Articles 5–9 are a one-time snapshot of who became a citizen on 26 January 1950; Article 11 hands permanent rule-making to Parliament.
Which rights belong only to citizens, and which are available to foreigners too?
Citizens only: voting, public office, judgeship, and rights under Articles 15, 16, 19 and 29–30. Foreigners still get Articles 14, 20, 21 and 25.
Article 5 — what did it require?
Citizenship at commencement: domicile in India PLUS either birth in India, or a parent born in India, or ordinary residence in India for at least 5 years before 1950.
Article 6 — migrants from Pakistan
Those who came before 19 July 1948 needed birth in undivided India (self/parents/grandparents) and residence since arrival; those arriving on or after that date had to register after 6 months' residence.
Article 7 — migrants to Pakistan
Anyone who migrated to Pakistan after 1 March 1947 lost the claim to Indian citizenship, unless they returned under a permit for resettlement.
Article 9 — why can't Indians hold dual citizenship?
Article 9 says voluntarily acquiring the citizenship of a foreign state ends Indian citizenship — the root of India's no-dual-citizenship rule.
Article 11 — why is it so important?
It empowers Parliament to regulate citizenship by law, so all post-1950 citizenship rules are statutory and changeable by a simple majority, not by constitutional amendment.
What are the five modes of acquiring citizenship under the Citizenship Act, 1955?
Birth (s.3), descent (s.4), registration (s.5), naturalisation (s.6), and incorporation of territory.
How has citizenship by birth (s.3) narrowed over time?
Born 26 Jan 1950–1 Jul 1987: citizen automatically. 1 Jul 1987–3 Dec 2004: needs one Indian parent. On/after 3 Dec 2004: both parents Indian, or one Indian and the other not an illegal migrant.
What is the difference between jus soli and jus sanguinis?
Jus soli grants citizenship by place of birth ('soil'); jus sanguinis by parentage ('blood'). India has drifted from jus soli towards jus sanguinis.
What does naturalisation (s.6) normally require?
Usually 12 years' residence in the preceding 14 years, good character, and knowledge of a language listed in the Eighth Schedule.
