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) — how many years?
7 years residence
Naturalisation — how many years?
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 concerns migration from Pakistan to India and uses 19 July 1948 as a key date. Article 7 concerns persons who migrated from India to Pakistan after 1 March 1947. Distinguish the direction and dates.
Trap #2 — CAA — 3 Countries Only
The Citizenship (Amendment) Act, 2019 covers specified migrants from Afghanistan, Bangladesh and Pakistan; it does not cover Sri Lanka, Myanmar or any other country.
Trap #3 — CAA — 6 Communities, Muslims NOT included
The Citizenship (Amendment) Act, 2019 covers persons belonging to six specified communities: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians. Muslims are not included under this provision.
Trap #4 — OCI = No Political Rights
OCI cardholders cannot vote, contest elections or hold specified constitutional offices, although they receive a multiple-entry lifelong visa. An NRI who remains an Indian citizen retains political rights subject to electoral law.
Trap #5 — Registration vs Naturalisation
Citizenship by registration generally uses a seven-year residence requirement, while naturalisation ordinarily requires twelve months immediately preceding the application plus eleven years in the previous fourteen. The statutory relaxation for persons covered by the 2019 amendment reduces the aggregate period from eleven years to five years.