India implements a strict system of single citizenship; there is no dual citizenship or separate state citizenship (unlike the United States).
1. Constitutional Provisions: Articles 5 to 11
Articles 5 to 11 govern citizenship at the commencement of the Constitution (January 26, 1950):
- Article 5 (Citizenship by Domicile): A person who had their domicile in India and (a) was born in India, or (b) either of whose parents was born in India, or (c) was ordinarily resident in India for not less than 5 years immediately preceding the commencement.
- Article 6 (Migrated from Pakistan): Governs rights of citizenship for persons migrated from Pakistan to India prior to the cutoff date.
- Article 9 (No Dual Citizenship): If a person voluntarily acquires the citizenship of any foreign State, they automatically cease to be a citizen of India.
- Article 11 (Parliamentary Power): Grants exclusive power to the Parliament to regulate the acquisition, termination, and all other matters relating to citizenship by law.
2. The Citizenship Act, 1955
Since the constitutional provisions only governed citizenship in 1950, Parliament passed the Citizenship Act, 1955 to govern citizenship thereafter.
Modes of Acquiring Citizenship:
- By Birth: Based on being born in India (subject to parentage conditions added by amendments).
- By Descent: Born outside India to Indian parents.
- By Registration: For persons of Indian origin marrying citizens or residing in India long-term.
- By Naturalization: For foreigners residing in India for a minimum period (usually 11 out of 14 years).
- By Incorporation of Territory: If a new territory becomes part of India (e.g. Pondicherry).
Modes of Losing Citizenship: Renunciation (voluntary surrender), Termination (automatic on acquiring foreign citizenship), and Deprivation (compulsory termination for obtaining citizenship by fraud or disloyalty to the Constitution).
3. The Citizenship Amendment Act (CAA) 2019
The CAA 2019 amended the Citizenship Act, 1955 to grant fast-tracked naturalization to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan who entered India on or before December 31, 2014, due to religious persecution. The exclusion of Muslims triggered heavy constitutional debates and challenges under Article 14.