Study Notes on Citizenship of India

Citizenship forms the core of a person’s legal bond with India. It defines rights, duties, and identity under the law. The Indian Constitution, in Articles 5 to 11, lays down the rules for who is a citizen. These rules came into effect on January 26, 1950. The Citizenship Act, 1955, adds more details and updates. This note covers the main ways to get Indian citizenship: at the start of the Constitution, by birth, by descent, by registration, and by naturalisation. Each method has clear conditions to ensure fair application.

Citizenship at the Commencement of the Constitution When the Constitution began on January 26, 1950, it granted citizenship to many people based on their ties to India. This was under Article 5. It aimed to include those who belonged to the new republic.

• A person born in India’s territory became a citizen if they lived there ordinarily at that time.

• Someone with parents or grandparents born in India also qualified, as long as they were domiciled in India.

• Migrants from Pakistan got citizenship if they came before July 19, 1948, or registered later under certain rules (Articles 6 and 7).

• People living abroad could claim citizenship if they registered with an Indian consulate (Article 8). This method fixed the initial citizen base. It avoided confusion after partition. Remember, no one could hold dual citizenship then; choices had to be made.

Citizenship by Birth This is a straightforward way for those born in India. It follows the principle of jus soli, meaning right of the soil. The Citizenship Act, 1955, sets the rules, with changes over time.

• Anyone born in India on or after January 26, 1950, but before July 1, 1987, is a citizen by birth, no matter the parents’ nationality.

• For births from July 1, 1987, to December 3, 2004, at least one parent must be an Indian citizen.

• After December 3, 2004, both parents need to be Indian citizens, or one citizen and the other not an illegal migrant. Exceptions apply if parents are diplomats or enemy aliens. This method ensures citizenship for those with strong Indian roots. It has evolved to control immigration issues.

Citizenship by Descent Descent means getting citizenship through parents or ancestors. It uses jus sanguinis, or right of blood. This helps children of Indian citizens born outside India.

• A person born outside India on or after January 26, 1950, but before December 10, 1992, is a citizen if their father was an Indian citizen at birth.

• For births on or after December 10, 1992, but before December 3, 2004, either parent being an Indian citizen qualifies.

• After December 3, 2004, the birth must be registered at an Indian consulate within one year, and neither parent can be an illegal migrant. This provision keeps family ties alive across borders. It requires proof like birth certificates. Note: Grandparents do not directly qualify here; it’s mainly parental.

Citizenship by Registration Registration offers a formal path for certain people to become citizens. It is under Section 5 of the Citizenship Act, 1955. This suits those with close links to India but not covered by other methods.

• Persons of Indian origin who have lived in India for at least seven years can apply.

• Minor children of Indian citizens qualify easily.

• A person married to an Indian citizen, after seven years of residence, can register.

• Overseas Citizens of India (OCI) cardholders may also apply under specific rules. The process involves an application to the government, with oaths and fees. It promotes integration for long-term residents. Approval is not automatic; authorities check eligibility.

Citizenship by Naturalisation Naturalisation is for foreigners who choose India as their home. It requires commitment and time. Section 6 of the Citizenship Act, 1955, outlines this.

• The applicant must have lived in India for 12 years in the 14 years before applying, including the full year just prior.

• They need good character, knowledge of an Indian language from the Eighth Schedule, and must renounce other citizenships.

• Special rules ease this for people from countries like Afghanistan or for distinguished service. This method tests loyalty through residence and cultural fit. It ends with a certificate after approval. Dual citizenship is not allowed; full allegiance to India is key.

These methods balance birthrights with earned status. They reflect India’s sovereign control over citizenship. For exams, focus on timelines, conditions, and articles. Practice questions often test changes in laws, like the 2003 amendment. Always link back to the Constitution for a strong answer

Introduction to the OCI Scheme

The Overseas Citizenship of India (OCI) scheme started in 2005. It came from changes to the Citizenship Act, 1955. This scheme helps people of Indian origin living abroad. It gives them a way to connect with India without full citizenship. OCI is not dual citizenship. It is like a lifelong visa. The scheme began because many Indians abroad wanted better links to their home country. It was first launched at the Pravasi Bharatiya Divas in Hyderabad in 2006. By early 2022, over 40 lakh OCI cards had been issued. The Ministry of Home Affairs (MHA) handles the scheme. OCI holders must always carry a valid foreign passport along with their OCI card.

Who Can Get OCI Status

OCI is open to certain people with Indian roots. The rules are clear and based on the Citizenship Act. Here are the main groups who qualify:

• A person who was a citizen of India on or after January 26, 1950.

• Someone who could have become an Indian citizen on January 26, 1950.

• A person from a place that joined India after August 15, 1947.

• Children, grandchildren, or great-grandchildren of the above people.

• Minor children of Indian citizens or OCI holders.

• Foreign spouses married to Indian citizens or OCI holders for at least two years, if the marriage is registered and still valid.

Some people cannot apply. This includes anyone who is or was a citizen of Pakistan or Bangladesh. It also covers their children, grandchildren, or great-grandchildren. People who served in a foreign military may not qualify, except in cases like mandatory service in their home country. If a marriage ends in divorce, the spouse loses OCI status. Stateless people cannot apply. These rules ensure OCI goes only to those with strong Indian ties.

How to Apply for OCI

The process is straightforward and online. Applications go through the Ministry of Home Affairs website. Here is a step-by-step guide in simple terms:

• Fill the online form on the official OCI portal (ociservices.gov.in).

• Upload needed documents, like proof of Indian origin, passport, and photos.

• Pay the fee and submit the form.

• Go to an Indian Mission or Post abroad for biometric data if required.

• Wait for approval; it can take a few months.

• Once approved, get the OCI card and visa sticker.

For changes like a new name or address, use the miscellaneous services on the same portal. Minors or those over 50 may need updates when getting a new passport. The process is designed to be user-friendly for overseas applicants.

Key Benefits and Rights for OCI Holders

OCI gives many advantages, like those for Non-Resident Indians (NRIs). It makes life easier for visits and work in India. These benefits come from government notifications. Let’s break them down:

• Travel Perks: A multiple-entry, lifelong visa to India. No need for separate visas. Exemption from reporting to police for any stay length.

• Economic and Financial Equality: Same rights as NRIs for buying or selling property, except farms or plantations. Can open bank accounts and invest like NRIs.

• Education and Career Options: Can take exams like NEET or JEE for seats. Allowed to work in professions such as doctor, lawyer, architect, or accountant, following Indian laws.

• Other Everyday Benefits: Pay the same airfares as Indians for domestic flights. Same entry fees as locals for museums, parks, and historical sites. Equal rights in adopting Indian children like NRIs.

OCI holders enjoy these as if they were NRIs in many fields. But remember, they are still foreign nationals in some ways. The government can add more benefits through notices.

Limits and Restrictions on OCI

OCI has clear boundaries to protect India’s laws. It does not give full citizen rights. Here are the main restrictions:

• No Political Rights: Cannot vote in elections. Cannot run for office like President, Vice-President, or MP. No jobs in government services, except some allowed by notice.

• Property Rules: Cannot buy agricultural land, farms, or plantations. But can inherit them.

• Special Permissions Needed: For research, journalism, missionary work, or visiting protected areas. This comes from FRRO or MHA approval.

• Cancellation Risks: OCI can be cancelled for fraud, disloyalty to India, or jail time over two years within five years of getting it. Also for security reasons.

• No Constitutional Perks: No equal chance for public jobs under Article 16 of the Constitution. Treated as foreigners for some taxes and fees.

These limits keep OCI as a bridge, not full membership in India’s system.

Key Amendments and Changes from 2019 to 2024

The OCI scheme saw updates in this period. These came from MHA notifications and acts. They aimed to clarify rules, add controls, and ease processes. Changes responded to global events like COVID-19 and security needs. Below, we group them by year or key notice for easy recall.

2019 Updates: The Citizenship (Amendment) Act, 2019, passed in December. It widened grounds for cancelling OCI. Now, breaking any Indian law – even minor ones – could lead to revocation. Before, only serious issues like fraud or disloyalty applied. This act also added a chance for the holder to explain before cancellation. On November 15, 2019, MHA issued guidelines needing special permits for missionary, Tabligh, mountaineering, or journalistic activities. This was new for OCI holders.

2020 Changes (Mainly COVID-Related): Visa-free travel for OCI holders paused in March 2020 due to the pandemic. It resumed later, but with health rules. No major permanent changes, but deadlines for card updates extended to help during lockdowns.

2021 Key Notifications: On March 4, 2021, MHA released Gazette Notification S.O. 1050(E). This replaced older notices from 2005, 2007, and 2009. It classified OCI holders as foreign nationals in unclear economic or educational areas. New rules: Need permits for research, internships with foreign missions, or jobs with foreign governments in India. Must email FRRO for address or job changes. Spouses must upload marriage proof with new passports. On April 15, 2021, renewal rules relaxed. No need to re-issue OCI card every time for new passports. Only once after age 20 for those under 20. For minors and over-50s, just upload photo and passport online – free. This cut paperwork. Due to COVID, re-issue deadlines extended to December 31, 2022.

2022 to 2024 Developments: No big new acts, but ongoing tweaks. In 2022, MHA confirmed over 40 lakh cards issued. Extensions from COVID continued. In 2023-2024, focus stayed on enforcing 2021 rules. No fresh amendments noted, but circulars reminded holders to update details online. Employers must check permits for restricted roles. These years built on earlier changes for better admin.

These notes cover the core of OCI for exams like CLAT, AILET, UGCNET LAW, SLAT, or Judiciary. Focus on key acts like the 1955 Citizenship Act and 2021 notice for questions. Remember, OCI strengthens diaspora ties while upholding India’s sovereignty.