Citizenship in Indian Constitution (Articles 5 to 11) – Summary, Amendments & NRC

By LuNotes – your trusted for Lucknow University Semester exam notes, crafted with love. ❤️

✨ What is Citizenship?

• Citizenship = Legal bond between individual ↔ State.

• Citizens: Full members of the state ✔ Enjoy all civil & political rights ✔ Owe allegiance to state.

• Aliens: Do not enjoy full rights.

Citizenship ≠ Rights for all. It’s an exclusive idea — excludes non-citizens.

🌐 Principles of Citizenship

• Jus Soli (Right of Soil): Citizenship by birthplace.

• Jus Sanguinis (Right of Blood): Citizenship by blood relation.

• India originally preferred Jus Soli (Motilal Nehru Report, 1928).

• Jus Sanguinis = Rejected by Constituent Assembly — Not aligned with Indian ethos.

🏛️ Constitutional Provisions (Part II: Articles 5 to 11)

Enforced from 26 Nov 1949 (day of adoption)

• Article 5: Citizenship at commencement

  • Born & domiciled in India.

  • Or parents born in India.

  • Or ordinary resident for 5 years.

• Article 6: Migrants from Pakistan before 19 July 1949 → Automatic citizenship.

  • After this date: Need to register.

• Article 7: Migrants to Pakistan post-1 March 1947 → If returned with resettlement permit, eligible.

• Article 8: PIOs living abroad can register with Indian Mission.

• Article 9: Voluntary foreign citizenship → Indian citizenship terminated.

• Article 10: Citizens under above articles continue as citizens until Parliament provides otherwise.

• Article 11: Parliament can regulate acquisition & termination of citizenship.

📄 The Citizenship Act, 1955

Lists 5 ways to acquire Indian citizenship:

1. By Birth

• Born in India between:

  • 26 Jan 1950 – 30 Jun 1987: ✅ Indian Citizen.

  • 1 Jul 1987 – 2 Dec 2004: One parent must be Indian citizen.

  • On or after 3 Dec 2004:

    • Both parents Indian, OR

    • One Indian & other not an illegal migrant.

2. By Descent

• Born outside India ✅ If:

  • After 26 Jan 1950: Father citizen by birth.

  • After 10 Dec 1992: Either parent citizen by birth.

  • After 3 Dec 2004: Must register at Indian consulate + Declare no other citizenship.

3. By Registration

• Person of Indian origin, residing in India for 7 years.

• Person of Indian origin abroad.

• Spouse of Indian citizen (7 years residency).

• Minor children of Indian citizens.

4. By Naturalisation

• Resident of India for 12 years.

• Must fulfill qualifications under 3rd Schedule.

5. By Incorporation of Territory

• If new territory becomes part of India → Govt. decides who gets citizenship.

❌ Loss of Citizenship

• Renunciation

• Termination (on acquiring foreign citizenship)

• Deprivation (Govt. cancels citizenship for fraud, disloyalty, etc.)

• 🇮🇳 Special Case: Assam & NRC (National Register of Citizens)

  📌 Background

  After 1971, many people illegally migrated to Assam from East Pakistan (now Bangladesh).

  📢 Assam Movement (1979–1985)

  • Lasted 6 years.

  • People demanded:

    • Update of NRC

    • Deportation of illegal migrants

  🤝 Assam Accord (1985)

  • Agreement between the government & protestors

  • Cut-off date for citizenship: 25 March 1971

  📜 Section 6A (applies to Assam only)

  Introduced to handle migrants:

  Entry Date	Citizenship Status
  Before 1 Jan 1966	Considered citizens
  1 Jan 1966 – 25 Mar 1971	Can get citizenship after 10 years, but no voting rights during this time

  
  

  People use Legacy Data:

  • NRC 1951

  • Electoral Roll of 1971

  ⚖️ Supreme Court on NRC (2019)

  • People born between 24 Mar 1971 – 1 Jul 1987

  • ❌ Not automatically citizens

  • ✅ Must prove parents or ancestors were Indian citiz

  .

• 📂 How Citizenship is Proved

✌️ Key Takeaways

• Citizenship = Exclusive legal status.

• Acquired by: Birth, Descent, Registration, Naturalisation, Incorporation.

• Post-1986: Shift from Jus Soli ➡ Jus Sanguinis.

• Assam has special provisions due to historical reasons.

• No dual citizenship in India.