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Citizenship

Polity notes for UPSC CSE Prelims 2027 · Free

Last reviewed · Written and checked by the Prelims Lab faculty · About 20 min to read

Part II, the Citizenship Act 1955, ways to gain and lose citizenship, OCI and the CAA. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.

Citizenship in short
Citizenship in the Constitution (Part II)
A citizen is a full member of the country, with all civil and political rights, such as voting. A foreigner living in India gets some rights, but not all.
Acquiring and losing citizenship (Citizenship Act, 1955)
Think of citizenship as membership of a club. You can join the club in five ways: by being born here, through an Indian parent, by applying after a long stay, by marrying a member, or when your whole area joins the club.
Single citizenship, OCI and the CAA
India has single citizenship: you are a citizen of India, not of your State. (The USA has two: federal and state.) India also does not allow dual citizenship.

How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.

1. Citizenship in the Constitution (Part II)

The bare text
Bare text · Article 5Constitution of India, as on 1 May 2024

5. Citizenship at the commencement of the Constitution.—At the commencement of this Constitution, every person who has his domicile in the territory of India and—

(a) who was born in the territory of India; or

(b) either of whose parents was born in the territory of India; or

(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

Bare text · Article 6Constitution of India, as on 1 May 2024

6. Rights of citizenship of certain persons who have migrated to India from Pakistan.—Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:

Clauses not relevant here are left out.
Bare text · Article 9Constitution of India, as on 1 May 2024

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.—No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Bare text · Article 11Constitution of India, as on 1 May 2024

11. Parliament to regulate the right of citizenship by law.—Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Reading the text

  • “At the commencement of this Constitution”: Article 5 only answers who was a citizen on 26 January 1950. It is a one-time snapshot, not a permanent rule. Articles 5–9 came into force early, on 26 November 1949 (Article 394), so that electoral rolls could be prepared.
  • “Domicile” plus one link: birth in India, a parent born in India, or five years’ residence. Domicile means a permanent home, not a State. India has one domicile for citizenship purposes, which UPSC tested in 2021.
  • Article 6’s date, 19 July 1948: those who migrated from Pakistan before it were citizens by residence; those who came later had to register.
  • Article 9 is the root of India’s rule against dual citizenship: voluntarily taking a foreign citizenship ends Indian citizenship.
  • Article 11 hands everything else to Parliament: how citizenship is acquired and ended after 1950, and “all other matters”. That is the Citizenship Act, 1955.
The idea in brief

A citizen is a full member of the country, with all civil and political rights, such as voting. A foreigner living in India gets some rights, but not all.

Part II of the Constitution (Articles 5 to 11) only decided who was a citizen on 26 January 1950, keeping in mind the Partition migrations. For everything after that, Article 11 let Parliament make a law. That law is the Citizenship Act, 1955.

Exam notes
ArticleWho was a citizen on 26 January 1950
5Persons domiciled in India who were born in India, or whose parent was born in India, or who lived in India for 5 years before 1950
6Migrants from Pakistan: citizens if they came before 19 July 1948; later arrivals had to register
7Migrants to Pakistan after 1 March 1947 are not citizens, unless they returned under a resettlement permit
8Persons of Indian origin living abroad could register with Indian diplomatic missions
9Anyone who voluntarily acquires a foreign citizenship is not an Indian citizen
10Citizens continue as citizens, subject to Parliament’s law
11Parliament can make any law on acquisition, termination and all other matters of citizenship: the Citizenship Act, 1955
In detail: Part II only identified citizens at the start; it has no permanent rules for later acquisition or loss. Those are in the 1955 Act.
Remember itThe Constitution starts it, the 1955 Act runs it. Articles 5–10 fix who was a citizen in 1950; Article 11 hands the rest to Parliament.
Beyond the basics · ranker’s edge
PointDepth
Cut-off datesArt 6: migrants from Pakistan who came before 19 July 1948 became citizens on residence; later ones had to register. Art 7: migrants to Pakistan after 1 March 1947 lose citizenship unless they returned on a resettlement permit
CommencementArticles 5–9 came into force on 26 November 1949, before the rest of the Constitution
Article 11Parliament’s power is plenary; the Citizenship Act can override the scheme of Articles 5–10 for the future
Prelims trap: Part II is not a complete code; acquisition and loss after 1950 are statutory (Sections 3–10 of the 1955 Act).
In depth: the story behind it and how UPSC asks it

The story behind it

Part II was written in the shadow of Partition, as millions crossed the new border both ways. Ambedkar told the Assembly that this part had given the Drafting Committee a great deal of headache. It deliberately settled only the immediate question and left the long-term rules to ordinary law.

2. Rights and offices only for citizens

The bare text
Bare text · Article 58Constitution of India, as on 1 May 2024

58. Qualifications for election as President.—(1) No person shall be eligible for election as President unless he—

(a) is a citizen of India,

(b) has completed the age of thirty-five years, and

(c) is qualified for election as a member of the House of the People.

Clauses not relevant here are left out.

Reading the text

  • “Is a citizen of India”: the requirement for President is citizenship, not citizenship by birth. The US Constitution demands a “natural born citizen” for President; India deliberately does not. A naturalised citizen can hold any office, which UPSC tested in 2021.
  • The same plain “citizen” requirement appears for Vice-President, MPs, MLAs, judges, Governors, the Attorney-General and the Advocate-General.
The idea in brief

Some rights and posts are only for citizens:

ExampleA French tourist in India has the right to life (Article 21) and equality before law (Article 14), but cannot claim freedom of speech under Article 19 or vote in an election.
Exam notes
Fundamental RightsArticles 15, 16, 19, 29 and 30. Rights like 14 (equality before law), 20, 21, 25 apply to all persons, including foreigners (PYQ 1999)
OfficesPresident, Vice-President, judges of the Supreme Court and High Courts, Governor, Attorney-General, Advocate-General
Political rightsVoting in Lok Sabha and Assembly elections; becoming an MP or MLA
Prelims trap: A naturalised citizen can also become President: the Indian Constitution, unlike the US, does not require citizenship by birth (PYQ 2021).
Remember itCitizens-only rights: 15-16-19-29-30, the rights tied to social and political life. Everything else in Part III (14, 20, 21, 25…) protects every person, foreigners included.
Beyond the basics · ranker’s edge
PointDepth
CompaniesNot citizens; cannot claim Article 19, though shareholders may (R.C. Cooper, Bennett Coleman)
OfficesCitizenship by birth is not required for any of them
Article 16(3)Only Parliament can prescribe residence for State jobs; Article 371D for Andhra Pradesh and Telangana is the special case
Prelims trap: Foreigners can claim 14, 20, 21, 21A, 22, 23, 24, 25–28; enemy aliens cannot claim 22(1)–(2). (PYQ 1999, 2021)
In depth: the story behind it and how UPSC asks it

The story behind it

The line between “person” and “citizen” runs through the whole Constitution. Rights that keep a person safe from the State, such as equality before law, protection in criminal cases, life and liberty, and religion, belong to every person. Rights that shape the political community, such as the six freedoms, equal access to public jobs, minority rights and the vote, belong to citizens. The 1999 PYQ about a British citizen in India rests on exactly this divide.

How UPSC asks it

  1. UPSC 2021 With reference to India, consider the following statements:
    1. There is only one citizenship and one domicile.
    2. A citizen by birth only can become the Head of State.
    3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.
    1. 1 only
    2. 2 only
    3. 1 and 3
    4. 2 and 3
    Show answer(a) 1 only. India has single citizenship and a single domicile, that of India (Pradeep Jain, 1984). A naturalised citizen can be President, and naturalised citizens can be deprived, so 2 and 3 are wrong.
  2. UPSC 1999 A British citizen staying in India cannot claim the right to:
    1. Freedom of trade and profession
    2. Equality before the Law
    3. Protection of life and personal liberty
    4. Freedom of religion
    Show answer(a) Freedom of trade and profession. 19(1)(g) is for citizens only. Articles 14, 21, 25 apply to all persons.

3. Acquiring and losing citizenship (Citizenship Act, 1955)

The idea in brief

Think of citizenship as membership of a club. You can join the club in five ways: by being born here, through an Indian parent, by applying after a long stay, by marrying a member, or when your whole area joins the club. You can also leave it: by quitting yourself, by joining another country’s club, or, if you joined later, by being expelled for serious wrongdoing.

Exam notes
WayRule
By birthBorn before 1 July 1987: citizen regardless of parents. 1 July 1987 – 2 Dec 2004: one parent a citizen. On or after 3 Dec 2004: both parents citizens, or one a citizen and the other not an illegal migrant
By descentBorn outside India to an Indian citizen parent; birth registered at an Indian consulate
By registrationFor persons of Indian origin, spouses of citizens, minor children of citizens and others listed in the Act
By naturalisationForeigner who has lived in India for 12 years (the 12 months before applying plus 11 of the 14 years before that)
By incorporationWhen a foreign territory becomes part of India (e.g., Goa, Puducherry)
LossRule
RenunciationA citizen of full age declares he gives up citizenship (voluntary)
TerminationAutomatic when a citizen voluntarily takes up another country’s citizenship
DeprivationCentral Government order; applies to citizens by registration or naturalisation: fraud, disloyalty to the Constitution, trading with an enemy in war, jail of 2 years within 5 years of registration/naturalisation, living abroad for 7 years continuously
Prelims trap: A foreigner granted citizenship can be deprived of it (PYQ 2005, 2021). A citizen by birth cannot be deprived, but loses citizenship by renunciation or termination.
Amendment to the 1955 ActMain change
1986Birth in India after 1 July 1987: one parent must be a citizen
1992Citizenship by descent through the mother too (earlier only father)
2003Defined ‘illegal migrant’; births after 3 Dec 2004: both parents citizens or one citizen and other not an illegal migrant; OCI (from 2005)
2015PIO merged into OCI
2019 (CAA)Six communities from Afghanistan, Bangladesh, Pakistan entering by 31 Dec 2014; naturalisation in 5 years; Rules notified March 2024
Prelims trap: Deprivation needs a Central Government order, with a Committee of Inquiry on request. Grounds include imprisonment of two years within five years of registration or naturalisation and seven years continuous residence abroad. Marriage to a foreigner is not a ground.
Remember itAcquire in five ways: B-D-R-N-I (Birth, Descent, Registration, Naturalisation, Incorporation). Lose in three: R-T-D (Renounce = you choose, Terminate = automatic, Deprive = government, only for registered or naturalised citizens). Birth rules change at 1987 and 2004.
Beyond the basics · ranker’s edge
SectionDepth
Sec 4 descentFor births after 3 Dec 2004: register within one year at an Indian consulate, with a declaration that the child holds no other passport
Sec 5 registrationPerson of Indian origin ordinarily resident 7 years; spouse of a citizen resident 7 years; OCI holder for 5 years and resident 1 year
Sec 6 naturalisationThird Schedule: 12 months before + 11 of the preceding 14 years; good character; knowledge of an Eighth Schedule language; may be waived for distinguished service to science, art, literature, peace
Sec 8 renunciationMay be withheld during a war; minor children also lose it but can resume within a year of turning 18
Sec 10 deprivationFraud, disloyalty, trading with the enemy in war, 2 years’ jail within 5 years of registration or naturalisation, 7 years’ continuous absence
Prelims trap: Descent through the mother allowed only since the 1992 amendment.
In depth: the story behind it and how UPSC asks it

The story behind it: why the birth rule kept tightening

The Citizenship Act, 1955 began with the widest rule: anyone born in India was a citizen (jus soli). Each tightening since then answered the issue of migration from across the eastern border.

ChangeWhy it came
1985: Section 6AThe Assam Accord after the six-year Assam movement. Migrants who entered Assam before 1 January 1966 were treated as citizens. Those entering between 1966 and 24 March 1971 could become citizens after registering and a ten-year bar on voting. Later arrivals were to be detected and deported.
1986 amendmentBirth in India from 1 July 1987 gives citizenship only if one parent is a citizen.
2003 amendmentBirths from 3 December 2004: both parents citizens, or one a citizen and the other not an “illegal migrant”, a term the 2003 amendment defined.
October 2024A five-judge bench upheld Section 6A, 4:1. The majority held that Parliament could treat Assam differently because of its specific situation and the 1971 cut-off linked to the creation of Bangladesh.

So India has moved from “born here” toward “born to citizens” (jus sanguinis). That is why any statement about citizenship by birth can be judged only once you know the date of birth.

4. Single citizenship, OCI and the CAA

The bare text
Bare text · Article 9Constitution of India, as on 1 May 2024

9. Persons voluntarily acquiring citizenship of a foreign State not to be citizens.—No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Reading the text

Because of Article 9, Overseas Citizenship of India (OCI) cannot be true dual citizenship. It is a lifelong visa-like status under the Citizenship Act. OCI cardholders cannot vote, hold constitutional offices, or buy agricultural land, and they need permission for some activities. The name says “citizenship”, but legally they are foreigners.

The idea in brief

India has single citizenship: you are a citizen of India, not of your State. (The USA has two: federal and state.) India also does not allow dual citizenship.

Exam notes
Single citizenshipOnly Indian citizenship; no State citizenship. The USA has dual citizenship (federal and state), so India and the USA differ here (PYQ 2005). There is also only one domicile, that of India (Pradeep Jain, 1984); a “State domicile” in admission or job rules really means residence (PYQ 2021)
Dual citizenship?Not allowed. Taking another citizenship ends Indian citizenship
OCIOverseas Citizen of India: from 2005; merged with the PIO card in 2015. Lifelong visa, no voting rights, no constitutional posts, no government jobs
Citizenship (Amendment) Act, 2019Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered on or before 31 Dec 2014 are not treated as illegal migrants; naturalisation period cut to 5 years. Does not apply to Sixth Schedule areas and Inner Line Permit areas. Rules notified in March 2024
Section 6A (Assam Accord)Migrants who entered Assam before 25 March 1971 could become citizens. In October 2024 a Constitution Bench upheld Section 6A by a 4:1 majority
ItemPoint to remember
OCI cannotVote, hold constitutional posts, hold most government jobs, buy agricultural land
OCI not given toPersons who, or whose parents/grandparents, were citizens of Pakistan or Bangladesh
NRI votingOverseas electors (2010 amendment) vote in person at their polling station
Assam NRCUpdated under Supreme Court monitoring; final list Aug 2019 left out about 19 lakh
Pravasi Bharatiya Divas9 January (Gandhi’s return from South Africa, 1915)
Remember itFour cut-off dates: 19 July 1948 (Art 6), 1 Jan 1966 and 25 Mar 1971 (Assam, Section 6A), 31 Dec 2014 (CAA). OCI = lifelong visa, not citizenship: no vote, no constitutional post.
Beyond the basics · ranker’s edge
PointDepth
CAA mechanicsNew Section 6B; naturalisation period cut from 11 to 5 years. Excludes Sixth Schedule areas of Assam, Meghalaya, Mizoram, Tripura and Inner Line Permit areas. Rules (March 2024): Empowered Committee in each State, District Level Committee
Section 6A (Assam)Entered before 1 Jan 1966: citizens. 1 Jan 1966 – 24 Mar 1971: register after detection; no vote for 10 years. In re Section 6A (Oct 2024) upheld it 4:1
Immigration and Foreigners Act, 2025Replaced the Foreigners Act (1946), Passport (Entry into India) Act (1920), Registration of Foreigners Act (1939) and Immigration (Carriers’ Liability) Act (2000)
OCI fine printSections 7A–7D. Needs permission for research, journalism, missionary work, mountaineering and protected areas. Not given to those with Pakistani or Bangladeshi ancestry
Overseas votingSection 20A RPA (2010): register as overseas elector, vote in person. A proxy-voting bill lapsed in 2019
One domicile“State domicile” in rules means residence
Prelims trap: India–USA difference: single vs dual (federal + state) citizenship. (PYQ 2005) The Assam NRC (August 2019) left out about 19 lakh people; it is not a national NRC.
In depth: the story behind it and how UPSC asks it

The story behind it

The demand for dual citizenship came from the diaspora in the 1990s and early 2000s. The High-Level Committee on the Indian Diaspora under L.M. Singhvi, which reported in 2002, proposed a form of it. The answer was OCI (2005), later merged with the older PIO card in 2015.

The Citizenship (Amendment) Act, 2019 made a different change. Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014 are not treated as illegal migrants, and can be naturalised after five years instead of the usual period. Its rules were notified in March 2024. Challenges to its validity are pending before the Supreme Court.

How UPSC asks it

  1. UPSC 2005 Consider the following statements:
    1. Articles 371A to 371I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
    2. The Constitution of India and the United States of America envisage a dual polity (the Union and the States) but a single citizenship.
    3. A naturalized citizen of India can never be deprived of his citizenship.
    1. 1, 2 and 3
    2. 1 and 3
    3. 3 only
    4. 1 only
    Show answer(d) 1 only. 1 is correct. The USA has dual citizenship, and naturalised Indian citizens can be deprived of citizenship.

5. Quick revision and traps

Exam notes
Part II, Articles 5–11Citizenship at commencement; Article 11 gives Parliament full power
Five citizens-only rights15, 16, 19, 29, 30
Three ways to loseRenunciation, termination, deprivation
1987 and 2004Key dates for citizenship by birth
Ways to acquireBirth, descent, registration, naturalisation, incorporation of territory
Ways to loseRenunciation (voluntary), termination (automatic), deprivation (Government order)
Beyond the basics · ranker’s edge
PYQ patternHow to prepare
Who can lose citizenship and howDeprivation only for registered or naturalised citizens
Offices and rights for citizens onlyPair each right with its Article
CAA, OCI, Section 6AKnow the cut-off dates: 19 July 1948, 1 Jan 1966, 25 Mar 1971, 31 Dec 2014