Indian Polity — Citizenship
1. Constitutional Provisions Related to Citizenship
- Articles 5 to 11: Located in Part II of the Constitution, these provisions identify those who became citizens of India at its commencement on January 26, 1950. They do not contain permanent or detailed rules on citizenship.
Detailed Provisions
- Article 5: Citizenship at the time of the Constitution's commencement. People who were born in India or have been residing in India for 5 years immediately before the commencement of the Constitution.
- Article 6: Citizenship of those who migrated from Pakistan to India and either of his/her parents or grandparents were born in undivided India.
- Article 7: Citizenship of those who migrated to Pakistan and later returned to India and had been a resident for six months.
- Article 8: Citizenship for Persons of Indian Origin residing abroad.
- Article 9: Termination of citizenship upon voluntary acceptance of another country's citizenship.
- Article 10: Continuance of citizenship rights unless Parliament enacts a law.
- Article 11: Parliament's authority to regulate citizenship through laws.
PARLIAMENT'S POWER
Parliament is empowered to legislate on matters related to citizenship under Article 11.
Parliament is empowered to legislate on matters related to citizenship under Article 11.
KNOWLEDGE NUGGET — CITIZENSHIP ARTICLES
- Part II: Articles 5 to 11
- Article 5: Citizenship at commencement (birth or 5-year residence)
- Article 6: Migrants from Pakistan
- Article 7: Returned migrants from Pakistan (6-month residence)
- Article 8: Persons of Indian Origin abroad
- Article 9: Termination on voluntary acquisition of foreign citizenship
- Article 10: Continuance of rights
- Article 11: Parliament's power to regulate citizenship
2. Single Citizenship in India
- Definition: The Indian Constitution establishes single citizenship like Canada, meaning all citizens are Indian citizens, regardless of their state of residence. [UPSC 2021]
- Comparison: Unlike the USA and Australia, which have dual citizenship, India ensures uniform political and civil rights across the nation without discrimination.
Exceptions to Single Citizenship
- Residence Requirement for Employment: Under Article 16, Parliament can impose residential qualifications for specific jobs. The Public Employment (Requirement as to Residence) Act, 1957 allowed states like Andhra Pradesh & Telangana (under Article 371D), Himachal Pradesh, Manipur, and Tripura to set such requirements.
- Discrimination Based on Residence: While Article 15 prohibits discrimination based on various factors, states can grant special benefits to residents (e.g., educational fee concessions).
- Protection of Tribal Interests: Article 19 restricts outsiders from settling in tribal areas to protect their culture and livelihoods.
KEY COMPARISON
- India: Single citizenship (like Canada) — [UPSC 2021]
- USA & Australia: Dual citizenship (state + federal)
Key Features of Single Citizenship
- Allegiance: Citizens owe allegiance only to the Union, with no separate state citizenship.
- Eligibility for President:
- India: Both citizens by birth and naturalised citizens can hold the office of President.
- USA: Only citizens by birth are eligible for the office of President. [UPSC 2021]
KNOWLEDGE NUGGET — SINGLE CITIZENSHIP
- India: Single citizenship — [UPSC 2021]
- Exceptions: Article 16 (residence for employment), Article 15 (state benefits), Article 19 (tribal area restrictions)
- President Eligibility (India): Both birth and naturalised citizens
- President Eligibility (USA): Only birth citizens — [UPSC 2021]
Tribunal Empowerment
- The Ministry of Home Affairs (MHA) has amended the Foreigners (Tribunals) Order, 1964.
- District Magistrates in all States and Union Territories can now establish tribunals (quasi-judicial bodies) to determine if individuals residing illegally in India are classified as foreigners.
Offices Requiring Indian Citizenship
- Judges of Supreme Court
- President of India
- Vice President of India
- Governor
- MLAs/MPs
- Attorney General of India
- Advocate General of India
📝 UPSC Previous Year Questions:
- UPSC Prelims 2021: The Indian Constitution establishes single citizenship like Canada. Answer: True.
- UPSC Prelims 2021: In the USA, only citizens by birth are eligible for the office of President. Answer: True.
3. Summary: Citizenship at a Glance
| Aspect | Details |
|---|---|
| Part | Part II |
| Articles | 5 to 11 |
| Nature of Citizenship | Single Citizenship (like Canada) — [UPSC 2021] |
| Article 5 | Citizenship at commencement (birth or 5-year residence) |
| Article 6 | Migrants from Pakistan |
| Article 7 | Returned migrants from Pakistan (6-month residence) |
| Article 8 | Persons of Indian Origin abroad |
| Article 9 | Termination on voluntary acquisition of foreign citizenship |
| Article 10 | Continuance of rights |
| Article 11 | Parliament's power to regulate citizenship |
Key Takeaways for UPSC
- Part II: Articles 5-11 — Citizenship provisions — [UPSC 2021]
- Single Citizenship: Like Canada, not like USA/Australia (dual citizenship) — [UPSC 2021]
- Article 5: Citizenship at commencement (birth or 5-year residence)
- Article 6: Migrants from Pakistan
- Article 7: Returned migrants from Pakistan (6-month residence)
- Article 8: Persons of Indian Origin abroad
- Article 9: Termination on voluntary acquisition of foreign citizenship
- Article 11: Parliament empowered to regulate citizenship
- President Eligibility (India): Both birth and naturalised citizens
- President Eligibility (USA): Only birth citizens — [UPSC 2021]
- Offices requiring citizenship: SC Judges, President, VP, Governor, MLAs/MPs, AGI
High-Yield Interactive UPSC Quiz (Citizenship)
Q1. Articles 5 to 11 of the Indian Constitution deal with:
Correct Answer: C. Articles 5 to 11 in Part II of the Constitution deal with Citizenship.
Q2. According to Article 5, a person becomes a citizen of India at the commencement of the Constitution if they were residing in India for how many years?
Correct Answer: C. Article 5 states that people who were born in India or have been residing in India for 5 years immediately before the commencement of the Constitution are citizens.
Q3. Article 7 provides citizenship to those who:
Correct Answer: C. Article 7 provides citizenship to those who migrated to Pakistan and later returned to India and had been a resident for six months.
Q4. Which article provides for termination of citizenship upon voluntary acceptance of another country's citizenship?
Correct Answer: C. Article 9 provides for termination of citizenship upon voluntary acceptance of another country's citizenship.
Q5. India follows which type of citizenship?
Correct Answer: B. India follows single citizenship like Canada, unlike the USA and Australia which have dual citizenship. [UPSC 2021]
Q6. Under Article 16, Parliament can impose residential qualifications for specific jobs. This is an exception to:
Correct Answer: C. The residence requirement for employment under Article 16 is an exception to the principle of single citizenship in India.
Q7. In the USA, which category of citizens is eligible for the office of President?
Correct Answer: C. In the USA, only citizens by birth are eligible for the office of President. In India, both birth and naturalised citizens can hold the office. [UPSC 2021]
Q8. Which article empowers Parliament to regulate citizenship through laws?
Correct Answer: D. Article 11 empowers Parliament to regulate citizenship through laws.
Q9. Which of the following offices does NOT require Indian citizenship?
Correct Answer: C. The Chief Secretary of a State does not require Indian citizenship as a constitutional requirement, unlike the President, Governor, and Attorney General of India.
Q10. The Foreigners (Tribunals) Order, 1964 was amended by which ministry?
Correct Answer: C. The Ministry of Home Affairs (MHA) amended the Foreigners (Tribunals) Order, 1964, empowering District Magistrates to establish tribunals to determine if individuals residing illegally in India are classified as foreigners.