Citizenship and Rights in India
India has two kinds of people:
- Citizens: Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
- Aliens: Aliens are the citizens of some other state and do not enjoy all the civil and political rights.
Aliens Categorise into Two –
| FRIENDLY ALIENS | ENEMY ALIENS |
|---|---|
| Friendly aliens are citizens of countries that have cordial relations with India. | Enemy aliens are citizens of countries that are at war with India. Enemy aliens have fewer rights than friendly aliens and do not have protection against arrest and detention (Article 22). |
The citizens also owe certain duties towards the Indian State, including paying taxes, respecting the national flag and national anthem, and defending the country inter alia.
The Constitution confers the following rights and privileges only to citizens of India,
| ARTICLES | EXPLAINATIONS |
|---|---|
| Art. 15 | Right against discrimination on grounds of religion, race, caste, sex or place of birth. |
| Art. 16 | Right to equality of opportunity in the matter of public employment. |
| Art. 19 | Right to freedom of speech and expression, assembly, association, movement, residence and profession. |
| Art. 29 | Cultural rights |
| Art. 30 | Educational rights |
| Right to vote | In elections to the Lok Sabha and state legislative assembly. |
| Right to contest | For the membership of the Parliament and the state legislature. |
| Eligibility to hold certain public offices | President, Vice-President of India, judges of the SC and the HC, Governor of states, Attorney General of India and Advocate General of states. |
In India, both citizens by birth and naturalised citizens are eligible for the office of President. In contrast, in the USA, only citizens by birth, not naturalised citizens, are eligible for the office of President.
CONSTITUTIONAL PROVISIONS
- The Constitution deals with citizenship from 5 to 11 under Part II.
- It contains no permanent or detailed provisions in this regard.
- It identifies the persons who became citizens of India at its commencement on January 26, 1950.
- It does not address the acquisition or loss of citizenship after its commencement.
- It empowers Parliament to enact laws for these and other citizenship-related matters.
- Accordingly, Parliament enacted the Citizenship Act of 1955, which has been amended periodically.
According to the Constitution, the following four categories of persons became citizens of India at its commencement, i.e., on January 26, 1950:
| A person who had his domicile in India and also fulfilled any one of the three conditions | 1. If he was born in India; or 2. If either of his parents was born in India; or 3. If he has been ordinarily resident in India for five years immediately before the commencement of the Constitution. |
| A person who migrated to India from Pakistan | 1. If he migrated before July 19, 1948, he had been ordinarily resident since migration; or 2. If he migrated on or after July 19, 1948, he had been registered as a citizen (requires 6 months residence preceding application). |
| A person residing outside India (Overseas Indians) | 1. If he/ancestors born in undivided India and he has been registered as a citizen by diplomatic/consular rep. in country of residence. Covers overseas Indians. |
| A person who migrated to Pakistan but returned | 1. Migrated after March 1, 1947 but returned for resettlement. Resided in India for six months preceding application for registration. |
To sum up, these provisions deal with the citizenship of – persons domiciled in India; migrated from Pakistan; migrated to Pakistan but returned; and persons of Indian origin residing outside India.
The other constitutional provisions regarding citizenship are as follows:
- A person cannot be an Indian citizen if they voluntarily acquire citizenship of a foreign country.
- Every individual who is a citizen will remain so, subject to any laws enacted by Parliament.
- Parliament holds the authority to legislate on matters related to acquisition and termination.
CITIZENSHIP ACT 1955
- Anyone born in India between January 26, 1950, and July 1, 1987, is an Indian citizen by birth.
- Anyone born between July 1, 1987, and before the 2003 Act is a citizen if either parent was a citizen.
- Born after 2003 Act: citizen if both parents are citizens or one is citizen and other is not illegal migrant.
- Assam Exception: 1985 Assam Accord regularised foreigners who came up to March 24, 1971.
- Section 14A: Central Govt has authority to compulsorily register every citizen and issue national identity cards.
- Preparation of National Register of Indian Citizens (NRIC) specified in 2003 Rules.
Modes of Acquisition
BY BIRTH
- Jan 26, 1950 - July 1, 1987: Citizen irrespective of parentage.
- July 1, 1987 onwards: Either parent must be a citizen at time of birth.
- Dec 3, 2004 onwards: Both parents citizens OR one citizen and other not an illegal migrant.
Children of foreign diplomats and enemy aliens cannot acquire citizenship by birth.
BY DESCENT
- Jan 26, 1950 - Dec 10, 1992: Born outside if father was a citizen.
- After Dec 10, 1992: Born outside if either parent was a citizen.
- After Dec 3, 2004: Not a citizen unless birth registered at consulate within 1 year. Parents must confirm child holds no other passport.
- Minors must renounce other citizenship within 6 months of adulthood or lose Indian citizenship.
BY REGISTRATION
- PIO resident for 7 years; married to citizen and resident for 7 years; minor children of citizens; adults whose parents are registered citizens; adults whose parents were citizens of independent India (12 months resident).
- Adults holding OCI card for 5 years and resident for 12 months.
IMPORTANT: All must take an oath of allegiance.
BY NATURALISATION
Central Govt may issue certificate if person is not from a country where Indians are barred; renounces other citizenship; lived in India or served GoI for 12 months; lived in India for 11 years out of preceding 14 years; good character; knowledge of 8th Schedule language; intends to reside in India.
GOI may waive conditions for those rendering distinguished service to science, philosophy, art, literature, world peace or human progress. Every naturalised citizen must pledge allegiance.
BY INCORPORATION OF TERRITORY
When foreign territory becomes part of India (e.g., Pondicherry 1962), GoI determines who becomes a citizen.
SPECIAL PROVISIONS: ASSAM ACCORD 1985
- PIOs arriving from Bangladesh before Jan 1, 1966: Citizens from Jan 1, 1966.
- Arrived between Jan 1, 1966 - March 25, 1971: Must register; deemed citizens after 10 years from detection. Intervening period: same rights as citizens except right to vote.
LOSS OF CITIZENSHIP
- By Renunciation: Voluntary declaration. Children also lose it but can resume at 18. Registration withheld during war.
- By Termination: Automatic loss if voluntarily acquiring another country's citizenship. Does not apply during war.
- By Deprivation: Compulsory termination for fraud, disloyalty to Constitution, unlawful trade with enemy, 2 years prison abroad within 5 years of registration, or 7 years continuous residence out of India.
RATIONALE BEHIND SINGLE CITIZENSHIP
- Indian Constitution provides only single citizenship to promote fraternity and unity, unlike USA's dual citizenship which can cause discrimination.
- Exceptions: Parliament can prescribe residence for certain employment (Art 16); restricted movement in Tribal areas (Art 19); special status of J&K was abolished in 2019.
OVERSEAS CITIZENSHIP OF INDIA (OCI)
Someone who has OCI status isn’t an Indian citizen. They can’t vote in India, run for elections, or hold any important government positions.
ABOUT OCI SCHEME
- The OCI Scheme was introduced by amending the Citizenship Act of 1955 in August 2005.
- The OCI card was created to give foreign citizens of Indian origin a status similar to citizenship.
- Foreign nationals who were eligible for Indian citizenship on January 26, 1950, or were citizens after that date, or were from a territory that became part of India after August 15, 1947, can register for OCI.
- Minor children of such individuals are also eligible for OCI.
- However, if the applicant is a citizen of Pakistan or Bangladesh, they cannot apply for OCI.
- OCI have been granted statutory rights under the Citizenship Act, 1955. Therefore, the nature of rights granted depends on the policy of Central government.
- A registered OCI receives a visa for multiple entries, for various purposes, and life-long visa for visiting India.
- OCI is entitled to general parity with Non- Resident Indians (NRIs) in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
- A registered OCI is exempted from registration with Foreign Regional Registration Officer (FRRO) or Foreign Registration Officer for any length of stay in India.
Overseas Citizen of India Cardholder
Introduction of Overseas Citizen of India Cardholder: The Citizenship (Amendment) Act, 2015, brought about significant changes to the provisions related to the OCI status as outlined in the Principal Act.
- This act introduced a new category known as the “Overseas Citizen of India Cardholder,” consolidating both the Persons of Indian Origin (PIO) card scheme and the OCI card scheme.
- Consolidation of PIO and OCI Schemes: The PIO card scheme was introduced on August 19, 2002, followed by the OCI card scheme on December 2, 2005.
- These two schemes were in operation concurrently, which led to confusion among applicants.
- To address these issues, the Government of India created a single scheme that merged the positive aspects of both.
- Transition from PIO to OCI Status: The PIO scheme was rescinded effective January 9, 2015; all existing PIO card holders are now considered OCI cardholders.
Registration of Overseas Citizen of India Cardholder
Eligibility:
The Central Government has the authority to grant status to any person of full age and capacity who falls under one of the following categories:
- A citizen of another country who was a citizen of India at or after the commencement of the Constitution.
- A citizen of another country who was eligible to become a citizen of India at the time of commencement.
- A citizen of another country who belonged to a territory that became part of India after August 15, 1947.
- A child, grandchild, or great-grandchild of such an individual.
- Any person who is a minor child of a person mentioned above.
- Any person who is a minor child and has both parents as citizens of India, or at least one parent who is a citizen of India.
- The foreign-origin spouse of a citizen of India or an OCI Cardholder, provided the marriage is registered and lasted for not less than two years.
Exclusions: No person who is or has been a citizen of Pakistan, Bangladesh, or any other country specified by the Central Government is eligible.
As on 31st January, 2022, 40.68 lakh OCI registration cards were issued.
| Rights Conferred to OCI Cardholders | Rights Not Conferred to OCI Cardholders |
|---|---|
|
|
Renunciation and Cancellation
Process of Renunciation:
Upon registration of a declaration, the individual ceases to be an OCI. Their spouse and minor children registered as OCIs also lose their status.
Grounds for Revocation:
- Fraudulent or Misrepresented Registration.
- Demonstrated disaffection towards the Constitution of India.
- Unlawful trade or communication with an enemy during war.
- Imprisonment for 2+ years (within 5 years of registration).
- Interests of sovereignty, integrity, and security of India.
- Dissolution of marriage or solemnizing marriage with another while previous marriage subsists.
Additional Benefits & NRI Comparison
- OCI can attain Indian citizenship after being OCI for 5 years and living in India for 1 year.
- Restriction: Both OCI and PIO cardholders cannot vote, work for government, or buy agricultural/farmland.
- OCI can open special bank accounts and make investments like NRIs.
- Can purchase non-farm property and have ownership rights.
- Eligible for driver’s license and PAN card.
NON-RESIDENTIAL INDIANS (NRI)
An Indian citizen residing outside India with an Indian Passport. Considered NRI if not in India for 182 days or more during the financial year, or less than 365 days in 4 preceding years and less than 60 days in that year.
Person of Indian Origin (PIO)
A foreign citizen (except specific neighboring countries) who held an Indian passport, or ancestors were born in India. PIO was merged with OCI category in 2015. Remittances by overseas Indians (approx $70 billion annually) are among the largest in the world.
| NRIs | PIOs | OCIs |
|---|---|---|
| Temporarily emigrated to another country for six months or more. | First implemented in 2002. Scheme withdrawn/merged in 2015. | Implemented in 2005. Valid for holder's lifetime. Merged with PIO. |
A Non-Resident Indian (NRI) is a citizen of India whereas PIOs and OCI card holders are not citizens.
DIFFERENCE BETWEEN PIO AND OCI
| PARAMETERS | Person of Indian Origin (PIO Card Holder) | Overseas citizens of India (OCI) |
|---|---|---|
| Who | A person registered as PIO card holder under the Ministry of Home Affairs’ scheme dated 19-08-2002. | A person registered as Overseas Citizen of India (OCI) under the Citizenship Act, 1955. The OCI scheme is operational from 02-12-2005. |
| Eligibility | Who at any time held an Indian passport; or He or either of his parents or grandparents or great grandparents was born in and was permanently resident in India as defined in the GoI Act, 1935... or He is a spouse of a citizen of India or a person of Indian origin. | A foreign national who – Was eligible to become a citizen of India on 26-01-1950; or Was a citizen of India on or at any time after 26-01-1950; or Belonged to a territory that became part of India after 15-08-1947; or His/her children and grandchildren; or minor children of such person. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI. |
| Which Nationals are Eligible | PIOs of all countries except Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka. | PIOs of all countries except Pakistan and Bangladesh. |
| What Benefits one Entitled to? | Shall not require a separate visa to visit India. Exempt from registration if stay does not exceed 180 days. Parity with NRIs except in acquisition of agricultural / plantation properties. No parity in political rights. | A multiple entry, multi-purpose lifelong visa. Exemption from registration with local police Authority. Parity with NRIs except in relation to the acquisition of agricultural or plantation properties. No parity in political rights. |
| Visa Requirement | Can visit India without visa for 15 years from date of issue. | Can visit India without visa for life long. |
| Registration | Yes – one time when the stay exceeds 180 days for the first time. | No |
| Activities | All except mountaineering, missionary, research work and visiting protected/restricted areas. | All except mountaineering, missionary, research work and visiting protected/restricted areas. |
| Acquiring Indian Citizenship | Reside in India for minimum 7 years. | Granted after 5 years from date of registration provided stay for one year in India. |
| Cancellation | Yes – on certain grounds | Yes – on certain grounds. |
IMPORTANCE OF OVERSEAS INDIAN CITIZENS (OCI)
- 30-million diaspora provides remittances ($69bn+); agents of change for investment and industrial growth.
- Supports "diaspora diplomacy" (e.g., Civil Nuclear Deal). Success of skilled workers improves India’s image.
Challenges:
- Outside India: Hate speech, racism, stricter visa rules (USA/Australia), sectarian crises in Middle East, Saudi Arabia’s Nitaqat Law.
- In India: Brain drain, remittances misused for extremist movements, inability for NRIs to directly set up firms.
WAY FORWARD
- Rotation program for top NRI professionals (like VAJRA Scheme).
- Encourage rural development investment.
- Dedicated Minister-of-State level department for NRI affairs.
- Leverage social media to strengthen ties for nation's greater good.
What are your Feelings