The population of the State is divided into two classes- Citizens and aliens[2]. Citizens of the State are the backbone of the State. A citizen of a State is a person who enjoys full civil and political rights, but an alien does not enjoy these rights. For example, certain fundamental rights (e.g. under Art.15, 16, 19, 29 and 30) are available only to citizens of India and some of the important offices.[3] Under the Constitution (e.g., President, Vice-President, Judge of the Supreme Court, etc.), citizens can only occupy it. In addition, the right to vote and contest an election is available only to the citizens of India.

Though India is a federation with two levels of government (Dual Polity), there is single citizenship, i.e. Indian Citizenship and no separate Citizenship of a State.

The question of deciding citizenship seriously arose in India due to the partition of India into two independent States, viz., ‘India’ and ‘Pakistan’. Hence, citizenship is studied in two parts: (i) Citizenship at the commencement of the constitution.[4] and (ii) Citizenship after the commencement of the constitution[5].

II] Citizenship At The Commencement Of The Constitution:-

Arts. 5 to 11 of the Constitution lay down the rules for deciding who were the citizens of India at the time of its commencement, which was January 26, 1950.

1) Citizens by Domicile[6] (Art.5): –

Under Art. 5, every person having domicile in India at the commencement of the Constitution is a citizen of India if he fulfils any of the following conditions –

i) He was born in India, or
ii) Either of whose parents were born in India, or

iii) Who has been ordinarily resident in India for not less than five years immediately preceding (before) the commencement of the Constitution?

Therefore, Citizenship = Domicile + (a) or (b) or (c).

2) Citizenship by Migration[7] (Art. 6):-

A person who migrated to India from Pakistan can become an Indian citizen if-

(i) he or

(ii) either of his parents, or

(iii) any of his grandparents was born in undivided India and any one of the following two conditions-

a) If he migrated to India before 19 July 1948, he has ordinarily resided in India since that date.
b) If he had migrated to India after 19 July 1948, he would have become an Indian citizen. However, a person could be registered as an Indian citizen only if he had been resident in India for six months before such application for registration.

3) Citizens by Registration[8]:-

According to Art. 8, a person who, or either of whose parents or any of whose grandparents, was born in India (before independence) but who is residing in any country outside India and Pakistan may register himself as a citizen of India (with a diplomatic[9] or consular representative[10] of India in the country of his residence).

This provision confers Indian citizenship on a person who, prima facie, has no domicile in India.

III] ACQUISITION OF CITIZENSHIP AFTER COMMENCEMENT OF THE CONSTITUTION (The Citizenship Act. 1955):-

The above provisions of the Constitution are confined mainly to defining who the citizens of India were at the commencement of the Constitution. It does not deal with the problem of how to acquire citizenship after the commencement of the constitution, termination of citizenship or other matters concerning citizenship.

Therefore, under Art.11, Parliament enacted the Citizenship Act of 1955. This Act provides for the acquisition, termination, and deprivation of citizenship. It does not confer citizenship on a company, association, body of individuals, etc.

The Act provides the following five modes of acquiring Indian citizenship.

1) Citizenship by Birth (S. 3):-

A person born in India on or after the 26^th of January 1950 is a citizen of India by birth except when-

i) His father possesses diplomatic immunity and is not an Indian citizen or
ii) His father is an enemy alien and is born at a place under enemy occupation

2) Citizenship by descent[11] (S. 4):-

A person born outside India on or after Jan 26, 1950, is a citizen of India by descent if either of his parents was an Indian citizen at the time of his birth.

3) Citizenship by Registration (S. 5):-

The following categories of persons, if not already citizens of India, can be registered as Indian citizens after taking an oath of allegiance[12]:-

a) Persons of Indian origin who are ordinarily residents of India and have resided there for five years immediately preceding (before) the application for registration.
b) Persons of Indian origin who are ordinarily resident in any country or place outside India.
c) Person married to an Indian citizen;
d) Minor children of Indian citizens.
e) Persons of full age and capacity who are citizens of Commonwealth countries.[13]

4) Citizenship by Naturalisation (S. 6)[14]:-

A person of full age and capacity who is a citizen of any country may become a citizen by naturalisation after taking an oath of allegiance if the Central Government is satisfied that he fulfils the conditions laid down in the Act.

These conditions are: –

a) He is not a subject or citizen of a country where Indian citizens are prevented from becoming citizens by naturalisation.
b) He has renounced citizenship in another country.
c) He has either residence in India or has been in Government service for 12 months before the date of making the application for naturalisation or during seven years before those 12 months; he has resided or has been in Government service for not less than four years.
d) He is of good character,
e) He has adequate knowledge of a language recognised by the Constitution.
f) After naturalisation, he should intend to reside in India.

5) Commonwealth Citizenship[15] (S. 11):-

S.11 of the Act provides that every citizen of a Commonwealth Country shall have the status of Commonwealth Citizenship in India by virtue of that citizenship.

iv] TERMINATION OF CITIZENSHIP[16]:-

The Citizenship Act 1955 provides modes of termination of citizenship, viz.-

1) By Renunciation[17]:-

If a person renounces Indian citizenship with citizenship of any other country by registration, his citizenship in India is terminated.

2) By acquisition of citizenship of another country[18]:-

3) Deprivation of citizenship[19]:-

Deprivation is a compulsory termination of citizenship in India by the Central Government.

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[1] नागरीकत्व

[2] परदेsशी व्यक्ती

[3] महत्वाची पदे

[4] राज्यघटना अमलात येतेवेळी नागरीकतव

[5] राज्यघटना अंमलात आलयानंतर नागरीकत्व

[6] वास्तव्यामुळे नागरीकत्व

[7] स्थलांतराव्दारे नागरीकत्व

[8] नोंदणीव्दारे नागरीकत्व

[9] राजदूत

[10] वकालत प्रतिनिधी

[11] वंशत्वाने नागरीकत्व

[12] राष्ट्रनिष्ठा

[13] The countries ruled by Britishers, such as, U.S.A., Canada, Australia, Newzeland, etc- राष्ट्रकुल

[14] Naturalisation:- admit (a person of foreign birth ) to full citizenship of the country. नगरीकीकरनाव्दारे नागरीकत्व

[15] राष्ट्रकुलचे नागरिकत्व

[16] नागरिकत्वाची समाप्ती

[17] त्याग करणे /सोडून देणे

[18] दुसऱ्या देशाचे नागरिकत्व मिळवणे

[19] नागरिकत्व रद्द करणे /काढून घेणे