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 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)
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.
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.
| Article | Who was a citizen on 26 January 1950 |
|---|---|
| 5 | Persons 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 |
| 6 | Migrants from Pakistan: citizens if they came before 19 July 1948; later arrivals had to register |
| 7 | Migrants to Pakistan after 1 March 1947 are not citizens, unless they returned under a resettlement permit |
| 8 | Persons of Indian origin living abroad could register with Indian diplomatic missions |
| 9 | Anyone who voluntarily acquires a foreign citizenship is not an Indian citizen |
| 10 | Citizens continue as citizens, subject to Parliament’s law |
| 11 | Parliament 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. | |
| Point | Depth |
|---|---|
| Cut-off dates | Art 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 |
| Commencement | Articles 5–9 came into force on 26 November 1949, before the rest of the Constitution |
| Article 11 | Parliament’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
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.
Some rights and posts are only for citizens:
| Fundamental Rights | Articles 15, 16, 19, 29 and 30. Rights like 14 (equality before law), 20, 21, 25 apply to all persons, including foreigners (PYQ 1999) |
| Offices | President, Vice-President, judges of the Supreme Court and High Courts, Governor, Attorney-General, Advocate-General |
| Political rights | Voting 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). | |
| Point | Depth |
|---|---|
| Companies | Not citizens; cannot claim Article 19, though shareholders may (R.C. Cooper, Bennett Coleman) |
| Offices | Citizenship 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
- UPSC 2021 With reference to India, consider the following statements:
- There is only one citizenship and one domicile.
- A citizen by birth only can become the Head of State.
- A foreigner once granted citizenship cannot be deprived of it under any circumstances.
- 1 only
- 2 only
- 1 and 3
- 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. - UPSC 1999 A British citizen staying in India cannot claim the right to:
- Freedom of trade and profession
- Equality before the Law
- Protection of life and personal liberty
- 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)
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.
| Way | Rule |
|---|---|
| By birth | Born 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 descent | Born outside India to an Indian citizen parent; birth registered at an Indian consulate |
| By registration | For persons of Indian origin, spouses of citizens, minor children of citizens and others listed in the Act |
| By naturalisation | Foreigner who has lived in India for 12 years (the 12 months before applying plus 11 of the 14 years before that) |
| By incorporation | When a foreign territory becomes part of India (e.g., Goa, Puducherry) |
| Loss | Rule |
|---|---|
| Renunciation | A citizen of full age declares he gives up citizenship (voluntary) |
| Termination | Automatic when a citizen voluntarily takes up another country’s citizenship |
| Deprivation | Central 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 Act | Main change |
|---|---|
| 1986 | Birth in India after 1 July 1987: one parent must be a citizen |
| 1992 | Citizenship by descent through the mother too (earlier only father) |
| 2003 | Defined ‘illegal migrant’; births after 3 Dec 2004: both parents citizens or one citizen and other not an illegal migrant; OCI (from 2005) |
| 2015 | PIO 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. | |
| Section | Depth |
|---|---|
| Sec 4 descent | For 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 registration | Person 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 naturalisation | Third 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 renunciation | May be withheld during a war; minor children also lose it but can resume within a year of turning 18 |
| Sec 10 deprivation | Fraud, 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.
| Change | Why it came |
|---|---|
| 1985: Section 6A | The 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 amendment | Birth in India from 1 July 1987 gives citizenship only if one parent is a citizen. |
| 2003 amendment | Births 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 2024 | A 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
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.
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.
| Single citizenship | Only 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 |
| OCI | Overseas 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, 2019 | Hindus, 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 |
| Item | Point to remember |
|---|---|
| OCI cannot | Vote, hold constitutional posts, hold most government jobs, buy agricultural land |
| OCI not given to | Persons who, or whose parents/grandparents, were citizens of Pakistan or Bangladesh |
| NRI voting | Overseas electors (2010 amendment) vote in person at their polling station |
| Assam NRC | Updated under Supreme Court monitoring; final list Aug 2019 left out about 19 lakh |
| Pravasi Bharatiya Divas | 9 January (Gandhi’s return from South Africa, 1915) |
| Point | Depth |
|---|---|
| CAA mechanics | New 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, 2025 | Replaced the Foreigners Act (1946), Passport (Entry into India) Act (1920), Registration of Foreigners Act (1939) and Immigration (Carriers’ Liability) Act (2000) |
| OCI fine print | Sections 7A–7D. Needs permission for research, journalism, missionary work, mountaineering and protected areas. Not given to those with Pakistani or Bangladeshi ancestry |
| Overseas voting | Section 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
- UPSC 2005 Consider the following statements:
- 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.
- The Constitution of India and the United States of America envisage a dual polity (the Union and the States) but a single citizenship.
- A naturalized citizen of India can never be deprived of his citizenship.
- 1, 2 and 3
- 1 and 3
- 3 only
- 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
| Part II, Articles 5–11 | Citizenship at commencement; Article 11 gives Parliament full power |
| Five citizens-only rights | 15, 16, 19, 29, 30 |
| Three ways to lose | Renunciation, termination, deprivation |
| 1987 and 2004 | Key dates for citizenship by birth |
| Ways to acquire | Birth, descent, registration, naturalisation, incorporation of territory |
| Ways to lose | Renunciation (voluntary), termination (automatic), deprivation (Government order) |
| PYQ pattern | How to prepare |
|---|---|
| Who can lose citizenship and how | Deprivation only for registered or naturalised citizens |
| Offices and rights for citizens only | Pair each right with its Article |
| CAA, OCI, Section 6A | Know the cut-off dates: 19 July 1948, 1 Jan 1966, 25 Mar 1971, 31 Dec 2014 |