Constitutional Basis of Indian Citizenship (Articles 5–11)

The Constitution of India outlines the foundational rules of citizenship in Articles 5 through 11. These provisions primarily determine who was recognized as an Indian citizen when the Constitution commenced on January 26, 1950. They establish citizenship based on domicile, birth, residence, and migration, especially concerning the Partition of India. Article 11 also gives Parliament the power to make laws governing the acquisition, termination and other matters relating to citizenship. These constitutional provisions form the basis for the detailed framework established under the Indian Citizenship Act 1955.

Nationality vs. Citizenship in India: Are They the Same?

Nationality and citizenship are closely related, but the terms are not always used in exactly the same sense. Nationality generally describes a person’s legal or national connection with a country, while citizenship is a specific legal status that carries certain rights and obligations under Indian law. In India, citizenship is governed by the Constitution and the Citizenship Act, 1955. Indian citizens are entitled to certain rights reserved specifically for citizens, including the right to vote and certain rights under Articles 15, 16, 19, 29 and 30 of the Constitution. Foreign nationals in India may still enjoy fundamental protections such as equality before the law and the right to life and personal liberty. 

Who Is Considered an Illegal Migrant Under the Act?

Under the Citizenship Act, 1955, an illegal migrant is a foreigner who enters India without a valid passport or other prescribed travel documents, or who enters with valid documents but remains in India beyond the permitted period. The Act generally restricts an illegal migrant from acquiring Indian citizenship through registration or naturalisation.

The Citizenship (Amendment) Act, 2019 created an exception to this definition for persons belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Bangladesh or Pakistan who entered India on or before December 31, 2014, and who meet the specified exemption requirements under the law. Such persons are not treated as illegal migrants for the purposes of the Citizenship Act.

5 Ways to Acquire Indian Citizenship Under the Act

The Indian Citizenship Act 1955 provides five ways to acquire Indian citizenship: 

Section 3: Citizenship by Birth

Section 3 governs Indian citizenship based on birth within the country, with the applicable rules determined by the date of birth. Individuals born in India between January 26, 1950, and June 30, 1987, generally acquire citizenship by birth automatically. For those born from Section 5: Citizenship by RegistrationJuly 1, 1987, until the commencement of the 2003 amendment, at least one parent must have been an Indian citizen at the time of birth. For persons born after December 3, 2004, both parents must be Indian citizens, or one must be a citizen while the other is not classified as an illegal migrant.

Section 4: Citizenship by Descent

Section 4 applies to individuals born outside India who seek citizenship through their Indian parentage. Eligibility requires at least one parent to hold Indian citizenship at the time of birth, alongside mandatory compliance with statutory registration procedures.

Registering a Child’s Citizenship by Descent (Born Abroad)

Parents wishing to register a minor child born outside India must submit an application at an Indian consulate under Section 4(1). This process requires filing Form I through the Indian Citizenship Online portal and including a formal declaration confirming that the child does not hold a foreign passport, accompanied by supporting documents such as birth certificates and parental passports.

Section 5 allows certain categories of individuals to acquire Indian citizenship through registration. Applicants must meet the conditions prescribed under the Act. Eligible categories include persons of Indian origin who meet the required residence conditions. The provision also covers certain spouses of Indian citizens and minor children of Indian citizens. Citizenship by Registration is also the route to be followed for a former Indian citizen who surrendered citizenship after acquiring a foreign citizenship, but now wishes to reacquire Indian citizenship.

Section 6: Citizenship by Naturalisation

Section 6 provides a pathway to Indian citizenship for foreign nationals who meet the qualifications in the Third Schedule of the Act. Applicants must meet the prescribed residence or government service requirements in India. They must also demonstrate good character and knowledge of a language listed in the Eighth Schedule of the Constitution. The applicant must also intend to reside in India. There are statutory exceptions to some or all of the above requirements, for persons who may qualify based on their distinguished service to science, philosophy, art, literature, world peace, or human progress.

Section 7: Citizenship by Incorporation of Territory

Section 7 applies whenever a new geographical area becomes integrated into the territory of India. In such cases, the Central Government publishes an order in the Official Gazette specifying which individuals connected with that territory attain Indian citizenship and the exact date the status takes effect.

For a step-by-step guide on applying for each citizenship pathway, our detailed article on How to Get Indian Citizenship covers eligibility, documents, and the full process including OCI vs. dual citizenship.

Special Citizenship Provisions

Section 6A: Citizenship for Persons Covered Under the Assam Accord

Section 6A contains special provisions for certain persons of Indian origin who entered Assam from the specified territory, now Bangladesh. It was introduced to give effect to the citizenship-related provisions of the Assam Accord.

Those who entered Assam before January 1, 1966 may be recognised as citizens subject to the prescribed conditions. Those who entered between January 1, 1966 and March 25, 1971 are subject to separate registration requirements and restrictions on electoral rights for the specified period.

Section 6B: Citizenship Under the Citizenship Amendment Act (CAA), 2019

Section 6B provides a special route to citizenship for certain persons from Afghanistan, Bangladesh and Pakistan. It covers eligible Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who entered India on or before December 31, 2014.

Eligible persons may apply for citizenship by registration or naturalisation under the prescribed conditions. The Citizenship (Amendment) Rules, 2024 set out the application process.

Overseas Citizenship of India (OCI): Sections 7A–7D

The Citizenship Act, 1955 provides for Overseas Citizenship of India (OCI) registration for eligible persons of Indian origin who are citizens of another country. An OCI card provides certain immigration and other benefits but does not confer Indian citizenship.

Section 7A: Registration as an OCI Cardholder

• Eligible Categories: Covers foreign citizens who are persons of Indian origin, as well as certain children, grandchildren, and great-grandchildren of persons who meet the prescribed Indian citizenship or territorial connection requirements.
• Foreign Spouses: Certain foreign spouses of Indian citizens or OCI cardholders may also qualify, subject to conditions prescribed by law.

Section 7B: Rights and Limitations of OCI Cardholders

• Key Benefits: Provides a multiple-entry, lifelong visa for visiting, or working, or living in India, alongside other applicable immigration benefits.
• Civic Restrictions: OCI cardholders are not Indian citizens and do not possess voting rights, the right to hold constitutional offices, or eligibility for certain government posts.
• Other Restrictions: May be subject to specific restrictions on certain activities, including particular property-related matters.

Sections 7C & 7D: Renouncing or Cancelling OCI Registration

• Section 7C (Renunciation): Allows an OCI cardholder to voluntarily surrender their OCI registration by making a declaration in the prescribed manner.
• Section 7D (Cancellation): Empowers the Central Government to cancel OCI registration under specified circumstances—such as when registration was obtained through fraud or if the cardholder falls under specific grounds set out in the Act.
• Consequence: Cancellation results in the complete loss of all OCI-related benefits.

Acquiring Indian citizenship through naturalisation or registration requires formally renouncing your foreign nationality — our write-up on Renouncing Foreign Citizenship to Acquire Indian Citizenship walks through the process country by country.

How Indian Citizenship Can Be Lost

Section 8: Renunciation of Citizenship

• Voluntary Surrender: Allows any citizen of India who is of full age and capacity to voluntarily give up (renounce) their Indian citizenship by making a formal declaration.
• Minor Children: When a person renounces their citizenship, every minor child of that person also ceases to be an Indian citizen. However, such a child has the right to resume Indian citizenship by making a declaration in the prescribed manner within one year of attaining full age (18 years).
• Wartime Restrictions: The Central Government can withhold the registration of a renunciation declaration if India is engaged in a war, ensuring that citizens cannot abandon their allegiance during a national security crisis.

Section 9: Termination of Citizenship

• Automatic Cessation by Foreign Acquisition: Applies to any citizen of India who voluntarily acquires the citizenship of another country by naturalization, registration, or other means.
• Immediate Effect: Indian citizenship terminates automatically the moment foreign citizenship is acquired.
• Exceptions During War: If a person acquires foreign citizenship while India is engaged in a war, the Central Government may permit them to retain Indian citizenship subject to specific conditions. Proof of voluntary acquisition of foreign citizenship is determined in accordance with rules prescribed by the Central Government.

Section 10: Deprivation of Citizenship

• Compulsory Loss by Government Order: Empowers the Central Government to may deprive a person of their Indian citizenship by issuing an order, though this primarily applies to citizens who acquired their status through registration or naturalization (rather than birth or descent).
• Key Grounds for Deprivation:
  • Fraud or Concealment: The citizenship was obtained by means of fraud, false representation, or the concealment of any material fact.
  • Disloyalty to the Constitution: The citizen has shown themselves to be disloyal or disaffected towards the Constitution of India by act or speech.
  • Trading with the Enemy: The citizen has unlawfully traded or communicated with an enemy during any war in which India was engaged.
  • Early Imprisonment: Within five years of registration or naturalization, the person has been sentenced in any country to imprisonment for a term of not less than two years.
  • Continuous Residence Abroad: The person has been ordinarily resident out of India for a continuous period of seven years, and during that period has neither been a student at an educational institution in a foreign country, a representative of the Indian Government, nor an employee of an international organization of which India is a member.
• Procedural Safeguards: The Central Government can’t deprive a person of citizenship under section 10, unless it is satisfied that ‘it is not conducive to the public good’ that the person should continue to be a citizen of India. Furthermore, before making an order of deprivation, the Central Government must provide the person with a written notice stating the grounds for the action, and the individual generally has the right to have their case referred to an inquiry committee unless they request otherwise.

Citizenship Act vs. NRC vs. OCI: Key Differences

Aspect	Citizenship Act, 1955	NRC (National Register of Indian Citizens)	OCI
What it is	The main law governing Indian citizenship	A register of Indian citizens	A statutory status for eligible foreign citizens of Indian origin
Purpose	Sets out how citizenship is acquired and lost	Identifies and records Indian citizens	Provides specified benefits to eligible persons of Indian origin who are foreign citizens
Who it concerns	Persons seeking or holding Indian citizenship	Persons who qualify as Indian citizens	Eligible foreign citizens of Indian origin
Citizenship status	Governs Indian citizenship	Does not create citizenship	Does not confer Indian citizenship
Political rights	Citizens may exercise rights available under the Constitution and law	Records citizenship; does not itself grant additional rights	No right to vote or hold certain constitutional offices
Legal basis	Citizenship Act, 1955	Citizenship Act and applicable rules	Sections 7A–7D of the Citizenship Act

Frequently Asked Questions 

Can I get Indian citizenship by marriage?

Marriage to an Indian citizen does not automatically confer Indian citizenship. However, a foreign spouse may apply for citizenship by registration under Section 5, subject to the prescribed eligibility and residence requirements.

Can I get Indian citizenship by marriage?

Yes. The Citizenship Act, 1955 remains the principal law governing Indian citizenship, as amended from time to time.

What are the key features of the Citizenship Act, 1955?

The Act provides for acquiring Indian citizenship by birth, descent, registration, naturalisation and incorporation of territory, and also covers renunciation, termination and deprivation of citizenship.

How many amendments have been made to the Act?

The Act has been amended several times since 1955, including significant amendments in 1986, 1992, 2003, 2005, 2015 and 2019.

What is the latest citizenship act/law in India?

The Citizenship Act, 1955, as amended, remains India’s principal citizenship law. The Citizenship (Amendment) Act, 2019 is the most recent major amendment to the Act.

How can someone acquire Indian citizenship under the Act?

Indian citizenship can be acquired through birth, descent, registration, naturalisation or incorporation of territory, depending on the person’s circumstances and the applicable legal requirements.

What are the two types of citizenship?

In general usage, citizenship may be discussed in terms of citizenship by birth and citizenship by naturalisation or registration, but the Citizenship Act actually provides five statutory modes of acquisition.

How many citizenships are allowed in India?

India does not generally permit dual citizenship. An Indian citizen who voluntarily acquires the citizenship of another country ceases to be an Indian citizen under the Citizenship Act.

What are the proofs of citizenship under the Act?

The appropriate evidence depends on how citizenship was acquired and the individual’s circumstances. Documents such as a birth certificate, Indian passport, citizenship certificate or relevant parental documents may establish citizenship.

Is an Aadhaar card proof of citizenship?

No. Aadhaar is not a document of citizenship. It is an identity document issued to eligible residents and does not by itself establish that a person is an Indian citizen.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Receipt of this communication does not establish an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific circumstances.