Citizen:

A citizen of a state is a person who enjoys full civil and political rights in that state. He
enjoys full membership of the political community.1 Therefore, citizenship simply means
the membership of the political community or the State. Citizenship is a legal status
determined by the specific rights and duties.2

Meaning of citizenship:
According to the British Dictionary citizenship is defined as:

1. The condition or status of a citizen, with its rights and duties.

2. A person's conduct as a citizen an award for good citizenship.

But in the legal sense, the population of state is divided into 2 classes-

1. Citizens
2. Aliens.

A citizen of a state is a person who enjoys full civil and political rights. Citizens are
different from aliens who do not enjoy all these rights. Citizenship carries with it certain
advantages conferred by the Constitution. Aliens do not enjoy these advantages. Aliens
are of two types basically- resident aliens and non resident aliens.

The following fundamental rights are available only to citizens:

1. The right not to be discriminated against any citizen on grounds of religion, race,
caste, sex or place of birth (Article 15).
2. The right to equality of opportunity in the matter of public employment (Article 16)
3. The right to six freedoms enumerated in Article 19, i.e., freedom of speech and
expression; assembly; association; movement; residence; profession.
4. Cultural and educational rights conferred by Articles 29 and 30.
5. There are certain offices under the constitution which can be occupied by citizens
only e.g.., office of the President [Article 58 (1)(a)]; Vice- President [Article
67(3)(a)]; Judges of the Supreme Court [Article 124(3)] or of a High Court [Article
217(2)]; Attorney-General[Article 76(1)]; Governor of a State[Article 157];
Advocate-General of a State[Article 165].
The right to vote for election to the House of the People and the Legislative
Assemblies of States is available to the citizens only and only they can become
members of the Union and the State Legislatures.3

1 United States v. Cruikshank, (1875) 92 U.S. 542.

2
. Prof. Narender Kumar, Constitutional Law of India,2014, p.no.51( Allahabad Law Agency, Faridabad)
3
Dr. J.N. Pandey, “Constitutional Law of India”, p. 41 (Central law agency, Allahabad)
 The rights guaranteed by Articles 14 and 21 are available to aliens also.

Difference between Citizenship and Nationality:

Citizenship may be distinguished from nationality of a person. While the former
refers to the relationship of an individual with the state from the internal aspect, the
latter refers to similar relationship from the international aspect. The term national is
often used as synonymous with citizen. But, the former has a broader significance
than the latter. While all citizens of a state must be nationals, all nationals may not
be its citizens.

In India, the term nationality is neither used in the Constitution nor in the Citizenship
Act, 1955. Therefore, every citizen of India would also be regarded as an Indian
national

Constitutional Provisions:
The Constitution does not lay down a permanent or comprehensive provision
relating to citizenship in India. Part 2 of Constitution simply describes classes of
persons who would be deemed to be the citizens of India at the commencement
of the Constitution, the 26th January, 1950 and leave the entire law of the
citizenship to be regulated by the law made by the parliament. Article 11
expressly confers power on parliament to make laws to provide for such matters.
In exercise of its power the parliament has enacted the Indian Citizenship Act,
1955. This act provides for a acquisition and termination of citizenship
subsequent to commencement of the Constitution.

Citizenship of India at the commencement of

Constitution, i.e., January 26, 1950:
The following persons under article 5-8 of the constitution of India shall become
citizen of India at the commencement of constitution:

1. Citizenship by Domicile (Article 5):

At the commencement of this Constitution every person who has his domicile
in the territory of India and—
 (a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) who has been ordinarily resident in the territory of India for not less
than five years immediately preceding such commencement, shall be
citizen of India.

Pradeep Jain v. Union of India, MANU/SC/0047/1984 : AIR 1984 SC 1420:

(1984) 3 SCC 654. Under the Indian Constitution there is only one domicile of
the country and there is no separate domicile for a State.

Chandigarh Housing Board v. Gurmit Singh, MANU/SC/0013/2002 : AIR 2002

SC 587: 2002 AIR SCW 176: (2002) 2 SCC 29: 2002 (1) SCJ 220. The
‘Domicile’ means that a person must be having permanent home in
Chandigarh or he being there for years with the intention to live permanently or
indefinitely.

Satya v. Teja Singh, MANU/SC/0212/1974 : AIR 1975 SC 105: 1975 SCC

(Cri) 50: (1975) 1 SCC 120: 1975 (2) SCJ 294. To establish domicile, two
elements must be proved:

(i) residence of a particular kind;

(ii) intention of a particular kind.

Domicile means the place, which a person has fixed as a habitation of himself
and his family not for a mere special and temporary purpose but with a present
intention of making it his permanent house.4

2. Citizenship of Migrants to India from Pakistan (Article 6):

Notwithstanding anything in article 5, a person who has migrated to the territory of
India from the territory now included in Pakistan shall be deemed to be a citizen of
India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grand-parents was born in India as defined
in the Government of India Act, 1935; and

http://www.manupatrafast.in/pers/viewdoctoc.aspx?sPath=abk/Constitutional%20Law%20of%20India/CHAPTER%
205.htm&col=abk#CHAPTER 5 (visited on September 3, 2014).
(b) (i) in the case where such person has so migrated before the nineteenth day of
July, 1948, he has been ordinarily resident in the territory of India since the date of
his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of
July, 1948, he has been registered as a citizen of India by an officer appointed in that
behalf by the Government of the Dominion of India on an application made by him
therefore to such officer before the commencement of this Constitution in the form
and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the
territory of India for at least six months immediately preceding the date of his
application.

Shanno Devi v. Mangal Sain, MANU/SC/0189/1960 : AIR 1961 SC 58: 1961 (1) SCJ
201: (1961) 1 SCR 576. The Supreme Court held that the word ‘migration’ in article 6
means going to a country with an intention to reside there permanently.

Kulathil Mammu v. State of Kerala, MANU/SC/0080/1966 : AIR 1966 SC 1614: 1966

Cr LJ 1217: (1967) 3 SCR 706: 1967 (2) SCJ 653. The Supreme Court by majority
held that the word ‘Migrated’ in articles 6 and 7 was not used in that narrow sense of
the term but in a wider sense of going from one place to another whether with an
intention to reside permanently there or not but the movement should be voluntary
and should not be for a specific purpose and for a short or limited one.5

3. Citizenship of Migrants to Pakistan (Article 7)

Notwithstanding anything in articles 5 and 6 a person who has after the first day of
March, 1947, migrated from the territory of India to the territory now included in Pakistan
shall not be deemed to be a citizen of India:

Provided that, nothing in this article shall apply to a person who, after having so
migrated to the territory now included in Pakistan, has returned to the territory of India
under a permit for resettlement or permanent return issued by or under the authority of
any law and every such person shall for the purpose of clause (b) of article 6 be
deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

4. Citizenship of Persons of Indian origin residing outside India (Article

8):

5
Supra note 4
Article 8 deals with the right of citizenship of persons of Indian origin, residing outside
undivided India. Any such person would be deemed as a citizen of India, by the
Diplomatic or Consular Representative of India in the country where, for the time being
he was residing.

Under Article 8, a person residing abroad at the time of commencement of constitution,

could register himself as a citizen of India, by making an application to the Diplomatic
Representative of India in the country where he was for the time being residing .6

5. Person voluntarily acquiring citizenship of a foreign State not to be

citizens (Article 9):
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.

6. Continuance of the rights of citizenship (Article 10):

Every person who is or is deemed to be a citizen of India under any of the
foregoing provisions of this part shall, subject to the provisions of any law that
may be made by Parliament, continue to be such citizen.

7. Parliament to regulate the right of citizenship by Law (Article 11):

Nothing in the foregoing provisions of this Part shall derogate from the power
of Parliament to make any provisions with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.7

Citizenship of India after the commencement of the

Constitution, i.e., after 26th January, 1950 (The Citizenship
Act, 1955):
The Citizenship Act, 1955 provides for acquisition and loss of citizenship and provides
for commonwealth citizenship.

6
Supra note 2 pp 30,31
7
Supra note 4
The Citizenship Act of 1955 prescribes five different ways of
acquiring Indian citizenship viz.-
1. By birth (Section- 3):
Section 3 provides that every person born in India on or after 26th January 1950 shall
be a citizen of India by birth.

However, no such person as above said shall be a citizen of India if at the time of his
birth-

a) His father or mother possesses such immunity from suits and legal processes
as is accorded to an envoy of a foreign sovereign power and is not an Indian
citizen; or

b) His father or mother is an enemy alien and his birth takes place in a territory
then under enemy occupation.

The Citizenship (Amendment) Act, 2003 has amended Section 3 to the effect that a
person born in India on or after the commencement of this Amendment Act shall be
citizen of India by birth if at the time of his birth (i) both his parents are citizen of
India; or (ii) one of whose parents is a citizen of India and the other is not an illegal
migrant.

In Jan Balaz v. Anand Municipality8, a child born in India to surrogate mother, an

Indian national, whose biological father is foreign national, is held to be a citizen of
India by birth under Section3(1)c(ii) of the Citizenship Act, 1955.

2. By descent (Section- 4):

Section 4 provides that a person born outside India on or after 26th January 1950,
shall be a citizen of India by descent, if, at the time of his birth, his father or mother is
a citizen of India.

However, the father of such a person himself a citizen of India by descent, then,
such a person shall not be a citizen of India unless-

a) His birth is registered at the Indian Consulate; or

b) His father is, at the time of his birth, in the service under a Government of India.

8
AIR 2010 Guj. 21
 The birth of such a person can be registered, with the Indian Consulate, within one
year of its occurrence or within one year of the commencement of the Citizenship
Act, 1955 or within such period as extended by the Government of India.

The Citizenship (Amendment) Act, 2003 has amended section 4 to the effect that the
birth of such a person as aforesaid shall not be registered on or after the
commencement of this Amendment Act unless the parents of such person declare,
in such form and in such manner as may be prescribed, that the minor does not hold
the passport of another country.9

3. By registration (Section- 5):

Several classes of persons (who have not otherwise acquired Indian citizenship) can
acquire Indian citizenship by registering themselves to that effect before the
prescribed authority, e.g., persons of Indian origin who are ordinarily resident in India
and have been so resident for seven years immediately before making the
application for registration; persons who are married to citizens of India ; a person of
full age and capacity who has been registered as an overseas citizen of India for five
years, and who has been registered in India for (one year) before ,making an
application for registration.10

4. By naturalisation (Section- 6):

Section 6 deals with citizenship by naturalisation. A person of full age and capacity
who is a citizen of a non-Commonwealth country may become a citizen by
naturalisation, if the Central Government is satisfied that he fulfils the conditions laid
down in the Act. These conditions are:

 He is not a subject or citizen of a country where Indian citizens are prevented

from becoming citizens by naturalisation;
 He renounces his citizenship of other country;
 He has resided and/or been in government service for 12 months immediately
preceding the date of application;
 During 7 years prior to these 12 months, he has resided and/or been in
government service for not less than four years;
 He is of good character;

9
Supra note 2 p no 61
10
Dr. D.D. Basu, Introduction to the Constitution of India, p.no.77 (LexisNexis, 2013, 21st edition)
  He has an adequate knowledge of a language recognized by the Constitution;
 After naturalisation he intends to reside in India, or enter into service with
government international organization, or a society or a company in India.

If the Central Government is of the opinion that the applicant has rendered
distinguished service to the cause of science, philosophy, art, literature, world
peace or human progress generally, it may waive the condition for naturalisation
in his case.

S.6A was enacted in 1985 to give effect to the Assam accord.11

5. By incorporation of territory (Section- 7):

If any foreign territory becomes a part of India, the Government of India specifies
the person who among the people of the territory shall be citizens of India. Such
persons become the citizens of India from the notified date. For example, when
Pondicherry became a part of the India, the Government of India issued the
Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955.12

Overseas Citizenship for Persons of Indian Origin

The Citizenship (Amendment) Act, 2003 provides for dual citizenship to persons of
Indian origin residing in 16 countries. As per the Act, the persons of Indian origin who
seek dual citizenship would be allowed free movement without visas and be able to own
properties, build and invest directly in projects in the country.

The 16 countries are United States, United Kingdom, Canada, Australia, Cyprus,
Finland, France, Greece, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal,
Sweden and Switzerland.

In case of NRIs or overseas Indian citizens, they get limited rights like:

 Grant of multiple entry lifelong visa for visiting India for any purpose;
 Can own property in India;
 Can invest in India;

11
M.P. Jain, Indian Constitutional Law, 933 (Wadhwa and Company, Law Publishers, New Delhi/Agra/Nagpur, fifth
edition., 2003)
12
Supra note 4
  Now they can cast their vote.

But they can’t contest election, can’t be a member of defence or any other important
offices.

Loss of Indian citizenship:

The Citizenship Act, 1955 also lays down how the citizenship of India may be lost-
whether it was acquired under the Citizenship Act, 1955, or prior to it- under the
provisions of the Constitution (i.e., under Articles 5-8). It may happen in any of the three
ways- renunciation, termination and deprivation.13

1. Renunciation of citizenship (Section- 8):

Renunciation is a voluntary act by a person holding the citizenship of India as well as
that of another country may abjure one of them.14

2. Termination of citizenship (Section- 9):

Termination shall take place by operation of law as soon as a citizen of India
voluntarily acquires the citizenship of another country.

3. Deprivation of citizenship (Section- 10):

Deprivation is a compulsory termination of the citizenship of India, by an order of the
Government of India, if it is satisfied as to happening of certain contingencies, e.g.,
that Indian citizenship had been acquired by a person by fraud, or that he has shown
himself to be disloyal or disaffected towards the Constitution of India.

Commonwealth Citizenship (Section- 11):

Section 11 of the Citizenship Act provides for Commonwealth citizenship. Every
person who is a citizen of Commonwealth country shall by virtue of that citizenship
have the status of Commonwealth citizenship in India. Section 12 empowers the
Central Government to make provisions on the basis of reciprocity for the
enforcement of all or any of the rights of a citizen of India on the citizens of the U.K.,
Australia, Canada, Ceylon, New Zealand, Pakistan, Federation of South Rhodesia
and Nyasaland. Section 18 of the Act vests in the Central Government an authority
13
Supra note 10, p.no.77
14
Ibid
 to make rules under the Act. This section of Indian Citizenship Act, 1955, makes it
clear that it is very comprehensive legislation, covering up all possible details
regarding citizenship.15

Can a Juristic person, company be a citizen of India?

In the beginning there has been some controversy as to whether citizen refers to
only natural persons or includes juristic persons also.

State Trading Corporation of India v. Commercial Tax Officer MANU/SC/0038/1963 :

AIR 1963 SC 1811: 1963 (2) SCJ 605: (1964) 2 SCA 201: (1964) 4 SCR 99. The
Supreme Court held that citizen includes natural persons and not juristic person like
corporation. The State Trading Corporation is not a citizen and cannot maintain a
petition under article 32 of the Constitution.

Bank Nationalisation case, MANU/SC/0011/1970 : AIR 1970 SC 564: (1970) 3 SCR

530. If the State action impairs the right of the company thereby affecting the rights
of an individual shareholder the protection of article 19 will be available to him.

In the matter of fundamental freedoms guaranteed by Article 19. Desai J. held that
the right of a shareholder and the company which the shareholders have formed are
co-extensive and denial to one of the fundamental freedoms would be denial to the
other.16

One Citizenship in India

Though our Constitution is federal, it recognizes one citizenship only i.e., citizenship
of India. There is no separate State citizenship. Every citizen has the same rights,
privileges and immunities of citizenship, no matter in which State he resides. In USA
and Switzerland, there is a dual citizenship, namely, the citizenship of USA and
citizenship of the State where a person is born and permanently resides and there
are distinct rights and obligations flowing from the two kinds of citizenship.17

15
Supra note 3, pp 50-51
16
Supra note 4
17
Ibid
Bibliography:
 Dr. Kumar N., 2014, Constitutional Law of India, Allahabad Law
Agency
 Dr. Basu D.D., 2013, Introduction to Constitution of India, LexisNexis
 Dr. Pandey J.N., 2013, Constitutional Law of India, Central Law
Agency, Allahabad
 Jain M.P., 2003, Indian Constitutional Law, Wadhwa and Company,
Nagpur

Online Resources:
 http://www.manupatrafast.in/pers/viewdoctoc.aspx?sPath=abk/Consti
tutional%20Law%20of%20India/CHAPTER%205.htm&col=abk#CHA
PTER 5. September 3, 2014