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Citizenship: Principles, Acquisition, Termination & More - UPSC Notes

Also Read Citizenship: Principles, Acquisition, Termination & More - UPSC Notes in Hindi

GS Paper

General Studies Paper II

Topics for UPSC Prelims

Citizenship, Indian Diaspora, Citizenship Act, 1955

Topics for UPSC Mains

Role of the judiciary in interpreting citizenship laws, Differences between citizenship and nationality

Citizenship is the birth right every country's citizens are bestowed with. Citizens of a nation, in a sovereign state, are granted specific civil and political rights as defined by the Constitution. Citizenship denotes the relationship a person bears with a state to which they owe allegiance and entitled to protection. Citizenship is listed under the Union List of the Constitution and is, therefore directly under the preview of the Parliament. The definition of "Citizen" as such is absent in the Constitution. However, Part 2 describes the kind of citizenship to be acquired: Articles 5 to 11. 

This article on Citizenship UPSC is an important topic from the perspective of UPSC Exams. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

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Citizenship Meaning

Citizenship is the term that describes legal status whereby a sovereign state recognizes the individual as part of its constituents, conferring certain rights and responsibilities.

Through this status, an individual is endowed with the right to:

  • take part fully in the civic life of a country,
  • be accorded protection of its laws, and
  • observe obligations such as paying taxes and obeying the legal framework.

Citizenship meaning encompasses both the legal acknowledgment by a state and also the socio-political affiliation that connects an individual to the community of that state.

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Principles of Citizenship

There are principles of citizenship that state the manner in which a citizen attains citizenship or gives up citizenship. These principles make sure there is an orderly and equitable system of citizenship in any nation. They include:

  • Jus Soli, or Right of the Soil: This is a principle under which citizenship is based on the place of birth. A person who is born within the territory of a state will usually be granted citizenship of that state, without regard to his parents' nationality.
  • Jus Sanguinis (Right of Blood): Citizenship is tied to the race or ethnicity, or one of both parents' citizenship. A born citizen, depending on the right of blood policy, may actually claim citizenship after birth even from a foreign born.
  • Naturalization: Foreign nationals obtain citizenship through a legal process that normally entails and requires a specified period of residence in the country, knowledge of the national language, and understanding of the culture and laws of the country.
  • Marriage: Under their laws, some countries admit the possibility of acquiring citizenship by marriage to a citizen from that country through specific conditions being met and procedures followed.
  • Incorporation of Territory: When new territories are incorporated into a country, the residents of these territories can be granted citizenship as part of the integration process.

These principles ensure that the process of acquiring and losing citizenship is transparent, equitable, and consistent with international norms.

Read the article on the Overseas Citizenship of India!

Citizenship of India

Indian citizenship is decided by the Constitution of India and the Citizenship Act, 1955. The Constitution gives the basic principles of citizenship, and the Citizenship Act gives step-by-step procedures for acquiring, losing, and determining citizenship.

Indian citizenship can be achieved through birth, descent, registration, naturalization, or incorporation of territory. But the Constitution explains the prerequisites to be met in order to qualify as an Indian citizen, and Articles 5 to 11 establish such prerequisites. The Citizenship Act 1955 also explains such provisions in more detail. This legal structure ensures Indian citizenship is offered and controlled in an orderly and equitable manner.

Constitutional Provisions of Indian Citizenship

The Indian Constitution has specific provisions regarding citizenship, which are covered under Articles 5 to 11:

  • Article 5: The Constitution granted citizenship to all those people who were living in India at the time of adoption of the Constitution if they were born in India, or either parent was born in India, or they had been ordinarily resident in India for at least five years before the commencement of the Constitution.
  • Article 6: Included citizenship for the migrants who migrated to India from Pakistan before July 19, 1948, with certain limitations.
  • Article 7: Covers the rights of individuals who have moved to Pakistan after 1st March, 1947, but returned to India.
  • Article 8: Grants citizenship to people of Indian origin residing outside India who have registered themselves as Indian citizens before the diplomatic or consular representative of India in that country.
  • Article 9: Any person who voluntarily acquires the citizenship of another country shall cease to be an Indian citizen.
  • Article 10: Provides for the citizenship to continue for those who are or deemed to be citizens of India, subject to any law made by Parliament.
  • Article 11: Enables Parliament to make law for regulation of the right of citizenship by empowering it to make laws relating to acquisition and termination of citizenship.

These articles provide an all-round legal basis for determining who is deemed a citizen of India and the conditions under which citizenship can be acquired or lost.

Also, check out the Difference Between Citizenship and Nationality here!

Citizenship Act 1955

The Citizenship Act of 1955 constitutes the basic law of acquisition and loss of Indian citizenship. It specifies the various means of acquiring citizenship, such as through birth, descent, registration, naturalization, and joining of territory. The Act also explains the procedure that must be adopted for renunciation or abandonment of citizenship, as well as the reasons which can lead to revocation of citizenship, so that such a process remains transparent and not discriminatory.

The Act has been amended many times to suit the social and political scenario of the day.

In March 2024, the central government notified the Citizenship (Amendment) Rules, 2024, operationalizing CAA provisions. This enables faster processing while excluding certain tribal regions in North-East India under the Sixth Schedule and ILP areas.

How Many Times was the Citizenship Act Amended?

Citizenship Act, 1955 has been amended several times in the course of time to adapt to the needs and challenges.

  • Citizenship (Amendment) Act 1986: Provided more stringent provisions relating to citizenship by birth that would be confined only to persons having at least one Indian parent.
  • The Citizenship (Amendment) Act 1992: It facilitated citizenship through a parent rather than the father alone. This widened the ambit of citizenship by descent.
  • The Citizenship Act of 2003: It brought Overseas Citizens of India into being and also provided for enhanced clarity in naturalization.
  • Citizenship (Amendment) Act of 2005: It further formulated and clarified rules for OCI provisions and grants.
  • The Citizenship (Amendment) Act 2015: It combined the PIO and OCI cards into a single OCI card.
  • The Citizenship Amendment Act 2019: This contentious amendment grants citizenship to non-Muslim immigrants from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014, based on the reason that these groups are religiously persecuted in their countries of origin.

Each amendment has aimed at specific issues and made it much easier for gaining and holding Indian citizenship.

Check out the National Register of Citizens article here.

Acquisition and Termination of Citizenship in India

Indian citizenship is acquired by birth, descent, registration, naturalization, or incorporation of territory as provided in the Citizenship Act, 1955.

  • By Birth: Citizens are those who are born in India and come under the conditions of the Citizenship Act.
  • By Descent: Citizens are also those born outside India who come under specific conditions. Their parents have to be Indian citizens.
  • By Registration: Registration for citizenship can be done by those who belong to Indian origin or are married to Indian citizens.
  • By Naturalization: Foreign nationals are eligible to be granted citizenship once they have completed the residency and other legal requirements mentioned in the Act.
  • By Incorporation of Territory: The citizens of the newly incorporated territory are granted Indian citizenship.

Indian citizenship can be lost in three ways: renunciation by the citizen, termination by law if the citizen acquires citizenship of another country, and deprivation by the government for reasons such as fraud or disloyalty.

  • Renunciation: A person can voluntarily renounce his Indian citizenship.
  • Termination: It is terminated if citizenship is acquired with any other country at his own choice.
  • Deprivation: He can be deprived of citizenship. This can happen when the individual got citizenship based on fraud; he is not loyal to the Constitution; has traded with an enemy during the course of war or in other conditions.

These would ensure that the citizenship practice would be uniform, just, and the citizenship of India would not suffer.

Study Parliamentary Committees in the Parliament here.

The Scenario in Assam

Assam has a peculiar situation in matters of citizenship for historical and demographic reasons. Section 6A of the Citizenship Act, 1955, relates specifically to illegal immigrants in Assam in the context of the Assam Accord signed between the Government of India and the leaders of the Assam Movement in 1985. It was issued to identify and oust illegal immigrants who had come into Assam after March 25, 1971. The NRC was updated to identify the real citizens and oust the illegal immigrants. Section 6A and the NRC update have been controversial regarding issues of exclusion of legitimate citizens and humanitarian fallout from declaring a section of people illegal immigrants.

In May 2025, the Supreme Court in Rofiqul Hoque v. The Union of India ruled that once a Foreigners Tribunal declares someone a foreigner, their inclusion in the NRC cannot override that decision—signaling limits to NRC-based revisions. A new report by NLSIU and Queen Mary University (July 2025) urges a complete overhaul of citizenship laws amid concerns that NRC-type processes across India may deepen exclusion and administrative missteps.

Contemporary Concerns & Deportations

Since May 2025, Assam authorities have deported 303 individuals identified as illegal under tribunal rulings. Many were long-term residents with documentation, fueling concerns over due process, especially given allegations of targeting Muslims.

Human rights groups have sounded alarms over forced deportations of Indian Muslim citizens to Bangladesh—including individuals with valid documents—raising serious constitutional and humanitarian red flags.

Electoral Implications & Public Reaction

The Election Commission’s Special Intensive Revision of voter rolls has triggered controversy for acting as a proxy for citizenship checks—a role outside its mandate, according to political leaders.

In Assam, the AASU protests erupted against directives to withdraw tribunal cases for Hindu Bangladeshi immigrants, denouncing the religious basis as unconstitutional and violating the Assam Accord.

Administrative Challenges

Critical reports show that spelling errors and minor technical discrepancies have led to the wrongful rejection of over 1.6 lakh citizenship claims in Assam, raising serious questions about fairness and accuracy. In West Bengal, influential leaders have decried the issuance of NRC notices to established citizens—even village heads—claiming it undermines democratic rights and identity.

Key Takeaways for UPSC Aspirants

  • Legal Provisions: The basic enactment is the Citizenship Act, 1955, which covers the acquisition, termination, and supplementary provisions of citizenship in India.
  • Acquisition: Modes through which Indian citizenship can be acquired are as follows: Inclusion of a new territory. All modes have definite eligibility criteria and requirements as mentioned under the Citizenship Act.
  • Citizenship by Birth: Citizenship is available to all who are born in India, though over time the rules have changed-for example, for those whose both parents are citizens of India, or one being a citizen of India and other not an illegal immigrant.
  • Citizenship by Descent: Those born abroad can claim Indian citizenship if the parent is an Indian citizen at birth, but they must meet several conditions.
  • Citizenship by Registration: People of Indian origin, spouses of Indian citizens, and other specified categories may apply for citizenship by registration on fulfilling the prescribed residency and other eligibility conditions.
  • Citizenship by Naturalization: Foreign nationals may be granted Indian citizenship through naturalization if they fulfill the stipulated residency conditions and other requirements, such as good character and sufficient knowledge of a language set out in the Eighth Schedule of the Constitution.
  • Termination of citizenship in India: Indian citizenship can be lost by renunciation (voluntary renunciation), termination (on acquiring citizenship of another country) and deprivation, which can happen by an order of the Government of India if the citizen indulges in acts of disloyalty, fraud, etc.
  • Double Citizenship : India does not allow double citizenship; acquiring foreign citizenship automatically leads to the cancellation of Indian citizenship. On the other hand, the Overseas Citizenship of India (OCI) scheme gives Indian origin foreign citizens certain rights.
  • Citizenship (Amendment) Act, 2019: The CAA is Citizenship (Amendment) Act 2019; this act granted the persecuted minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) who were from Pakistan, Bangladesh, and Afghanistan an entry into India before December 31, 2014, in a fast-tracked manner that sparked intense debate both in public as well as politics.
  • Role of the Judiciary: The judiciary plays a crucial role in interpreting citizenship laws, as seen in the landmark judgment in the Kesavananda Bharati case and others that have shaped the understanding and application of citizenship provisions.

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