Constitutional Provisions
- Part: Part II | Articles: 5–11
- Single Citizenship (borrowed from UK)
- Articles 5–8: Citizenship before 26 Jan 1950
- Articles 9–11: After 26 Jan 1950 (Citizenship Act 1955)
Articles 5–11 — Subject-wise
| Article |
Subject |
| Article 5 |
Citizenship at commencement of Constitution |
| Article 6 |
Persons who migrated from Pakistan to India (before 19 July 1948)
|
| Article 7 |
Persons who migrated TO Pakistan after 1 March 1947 |
| Article 8 |
Persons of Indian Origin residing outside India |
| Article 9 |
Termination of citizenship (confirms Single Citizenship) |
| Article 10 |
Continuance of rights of citizenship |
| Article 11 |
Parliament's power to make laws on citizenship |
Key Dates in Articles
Article 6 — migration date (Pakistan → India)?
Before 19 July 1948
Article 7 — migration date (India → Pakistan)?
After 1 March 1947
Citizenship Act, 1955
- Enforced on: 30th December 1955
- Amended 6 times: 1986, 1992, 2003, 2005, 2015, 2019
Amendment Timeline
2005
4th Amendment (OCI introduced)
2019
6th Amendment — CAA 2019 ⭐
Acquiring & Losing Citizenship
✅ 5 Ways to Acquire
- By Birth
- By Descent
- By Registration (7 yrs residence)
- By Naturalisation (12 yrs residence)
- By Incorporation of Territory
❌ 3 Ways to Lose
- By Renunciation (self-given up)
- By Deprivation (govt deprives)
- By Termination (voluntarily acquiring another country's citizenship)
Residence Requirements
Registration (citizenship) — kitne saal?
7 years residence
Naturalisation — kitne saal?
12 years (reduced to 6 for CAA beneficiaries)
Citizenship Amendment Act (CAA), 2019
🏛️ CAA 2019 — Key Provisions
- Applies to 3 countries: Bangladesh, Afghanistan & Pakistan
- Persons who came to India on or before 31 December 2014
- For 6 communities only (non-Muslim minorities)
- Naturalisation period reduced: 12 years → 6 years
- Implemented across country from: 11th March 2024
6 Communities Covered
🕉️ Hindus
☬ Sikhs
🔥 Parsis
☸️ Buddhists
✝️ Christians
🌀 Jains
Who is NOT included in CAA?
- Muslims from these 3 countries — not covered
- Persecuted minorities from Sri Lanka, Myanmar, etc. — not covered
Before CAA
- Naturalisation: 12 years residence required
After CAA (for 6 communities)
- Naturalisation: only 6 years residence required
Overseas Citizenship of India (OCI)
- Initiated in 2005 (4th Amendment to Citizenship Act)
- Lifetime visa-free travel to India
- Educational & Cultural benefits
- No Political rights (cannot vote, contest elections, hold constitutional posts)
OCI — Gets
- Lifetime visa-free entry
- Education rights (like NRIs)
- Cultural benefits
- Can own property (non-agricultural)
OCI — Does NOT Get
- Voting rights
- Cannot contest elections
- Cannot hold constitutional posts
- Agricultural land ownership
Non-Resident Indians (NRIs)
- NRIs = Indian Citizens living abroad
- Retain full citizenship
- Have voting rights (can register as overseas voters)
- Have all fundamental rights
OCI vs NRI — Difference
| Feature |
NRI |
OCI |
| Citizenship |
Indian Citizen |
Not Indian Citizen (Foreign national) |
| Voting Rights |
Yes ✓ |
No ✗ |
| Passport |
Indian Passport |
Foreign Passport |
| Entry to India |
Indian Passport (no visa) |
Lifetime visa-free |
| Political Rights |
Full |
None |
⚠️ Exam Traps
Trap #1 — Article 6 vs Article 7 — Dates
Article 6 = Migration Pakistan → India (cutoff: before 19 July 1948). Article
7 = Migration India → Pakistan (after 1 March 1947). Directions aur dates dono
alag hain.
Trap #2 — CAA — 3 Countries Only
CAA 2019 sirf 3 countries se aaye logon ke liye: Bangladesh, Afghanistan,
Pakistan. Sri Lanka, Myanmar ya koi aur country include NAHI hai.
Trap #3 — CAA — 6 Communities, Muslims NOT included
CAA mein sirf 6 non-Muslim communities: Hindu, Sikh, Parsi, Buddhist, Christian, Jain. Muslims
— even if persecuted — CAA ke under NAHI aate. Yeh sabse important point hai.
Trap #4 — OCI = No Political Rights
OCI holders = No voting rights, no elections, no constitutional posts.
Lifetime visa-free entry milti hai but political participation NAHI. NRI = Indian citizen = full political
rights.
Trap #5 — Registration vs Naturalisation
Registration = 7 years residence required. Naturalisation =
12 years (reduced to 6 years for CAA beneficiaries). Dono alag processes hain.