Citizenship in Indian Constitution (Articles 5 to 11) Explained Simply for UPSC

 

🇮🇳 Citizenship (Articles 5 to 11) – Explained Simply for UPSC

---

🧑‍🏫 What is Citizenship?

• Citizenship means legal membership of a country.

• A citizen has full rights like voting, holding public office, and protection by law.

• The Indian Constitution talks about citizenship from Articles 5 to 11 in Part II.

---

📜 Article 5 – Citizenship at the Start of Constitution (26 Jan 1950)

A person is an Indian citizen if:

1. He was born in India, or

2. His parents were born in India, or

3. He was living in India for at least 5 years before 26 Jan 1950

🧠 This article gave citizenship to people already in India when the Constitution started.

---

🚶‍♂️ Article 6 – Citizenship of People Who Came From Pakistan

• After Partition, many people came to India from Pakistan.

• This article gives citizenship to those who migrated from Pakistan before 19 July 1948, and were living in India.

• Those who came after 19 July 1948 could become citizens only if registered by Indian government.

🧠 So, migrants were also allowed to become citizens, with some conditions.

---

🛫 Article 7 – Citizenship of Those Who Went to Pakistan

• This is opposite of Article 6.

• If someone migrated to Pakistan after March 1, 1947, he is not an Indian citizen.

• But, if he came back to India under a permit of resettlement, he can still become a citizen.

🧠 This was to avoid confusion of who left India permanently and who returned.

---

🧾 Article 8 – Citizenship of Indians Living Abroad

• Indian origin people who live outside India, like in UK, South Africa, etc. can become citizens if:

  • Their parents/grandparents were born in India, and

  • They register at Indian embassy/consulate in that country

🧠 This helps NRI or overseas Indians to get Indian citizenship.

---

📋 Article 9 – No Dual Citizenship

• If any Indian voluntarily takes citizenship of another country, he loses Indian citizenship.

🧠 India doesn’t allow dual citizenship. Either India, or foreign country – not both.

---

⚖️ Article 10 – Continuation of Rights

• If a person is a citizen under these articles, he will keep all his rights until the law says otherwise.

🧠 This protects citizenship rights until Parliament makes further laws.

---

🏛️ Article 11 – Parliament’s Power to Make Citizenship Laws

• Parliament has the full power to make laws about:

  • Who can be citizen,

  • How to get citizenship,

  • When it can be cancelled

🧠 This article is the base of the Citizenship Act 1955.

---

🔑 Key Points for UPSC

1. Part II of Constitution (Articles 5 to 11) deals with citizenship.

2. Only talks about citizenship at the commencement of Constitution (26 Jan 1950).

3. Article 5 – People in India
   Article 6 & 7 – Migration from/to Pakistan
   Article 8 – Indians abroad
   Article 9 – No dual citizenship
   Article 10 – Continuation of rights
   Article 11 – Parliament can make laws

---

📚 Important Law: Citizenship Act, 1955

• Passed under Article 11

• Describes how to get citizenship by:

  1. Birth

  2. Descent

  3. Registration

  4. Naturalization

  5. Incorporation of territory
     
     

     Under the Citizenship Act, 1955, there are 5 main ways a person can become a citizen of India:

     ---

     1️⃣ Citizenship by Birth

     👉 If a person is born in India, then he/she can become a citizen by birth.

     But there are some rules:

     • If born between 26 Jan 1950 to 1 July 1987 – automatically citizen.

     • If born between 1 July 1987 to 2 Dec 2004 – one parent must be an Indian citizen.

     • If born after 3 Dec 2004 – one parent must be Indian and other should not be an illegal migrant.

     🧠 So just being born in India is not enough after 2004. Parents’ citizenship also matters now.

     ---

     2️⃣ Citizenship by Descent (Parentage)

     👉 If a child is born outside India, he/she can still be Indian citizen if parents are Indian.

     Rules are:

     • Born between 26 Jan 1950 to 10 Dec 1992 – father must be Indian.

     • Born between 10 Dec 1992 to 3 Dec 2004 – either parent must be Indian.

     • Born after 3 Dec 2004 – parents must register child’s birth at Indian embassy within 1 year.

     🧠 Means: You can be Indian even if born in USA or UK, if your parents are Indian and registered your birth.

     ---

     3️⃣ Citizenship by Registration

     👉 This way is for people who are not born Indian, but want to become citizen by applying (registering) formally.

     Who can apply:

     • Person of Indian origin who lives in India for 7 years.

     • Person married to Indian citizen and living in India for 7 years.

     • Minor children of Indian parents.

     • Overseas citizens of India (OCIs) living in India.

     🧠 This method needs documents, background checks, and govt approval.

     ---

     4️⃣ Citizenship by Naturalization

     👉 This is for foreigners (not of Indian origin) who want Indian citizenship.

     Conditions:

     • Person must have lived in India for 12 years (in the last 14 years, with 1 year continuous stay before applying).

     • Must speak Indian language, follow Indian laws, and be of good character.

     🧠 This is the toughest method. Very few people get it. It’s like “earn” citizenship through long stay.

     ---

     5️⃣ Citizenship by Incorporation of Territory

     👉 If any area becomes part of India, then the people living in that area automatically become Indian citizens.

     Example:

     • When Goa became part of India in 1961, the people living there became citizens.

     • Same happened with Sikkim in 1975.

     🧠 This method is rare. Happens only when new land is added to India.

     ---

     ✅ Summary Table

     Mode	How It Works	Key Conditions
     Birth	Born in India	Check parents’ citizenship status
     Descent	Born outside India	Indian parents and embassy registration
     Registration	Apply to govt	Indian origin or married to Indian
     Naturalization	Foreigners apply	12 years stay and govt approval
     Incorporation	New area joins India	Automatically becomes Indian

     
     

     ❌🇮🇳 Loss of Indian Citizenship

     India doesn’t allow dual citizenship, so if someone breaks the rules, they can lose their Indian citizenship.

     There are 3 ways to lose citizenship:

     ---

     1️⃣ By Renunciation (Voluntarily Leaving Citizenship)

     👉 If an Indian citizen decides to give up his/her Indian citizenship on their own.

     • You must apply to the Indian government to surrender it.

     • Mostly happens when people take citizenship of another country (like USA, Canada, etc.).

     • Once it's accepted, you are no longer an Indian citizen.

     • If your child is a minor, they will also lose citizenship unless they choose otherwise when they turn 18.

     🧠 This is your own decision. Government doesn’t force it.

     ---

     2️⃣ By Termination (Automatic Loss)

     👉 If you automatically lose citizenship when:

     • You get citizenship of another country voluntarily (without informing Indian govt).

     🧠 This happens by law. No need for a special order.

     📝 Important Note:
     If a person takes foreign citizenship during war time, then govt may not terminate immediately, for safety/security reasons.

     ---

     3️⃣ By Deprivation (Forced Cancellation by Government)

     👉 The Indian government can cancel your citizenship if you break certain rules.

     It happens in these cases:

     1. You got citizenship by lying or hiding facts.

     2. You show disloyalty to the Indian Constitution.

     3. You help the enemy country during war.

     4. You are jailed for 2 years or more within 5 years of becoming a citizen.

     5. You live outside India for 7 continuous years without telling Indian embassy.

     🧠 This is a punishment. You didn’t give it up, govt took it back.

     ---

     📌 Summary Table

     Mode	What Happens	Who Initiates It?
     Renunciation	You apply to give up citizenship	Voluntarily by citizen
     Termination	Automatically ends after taking foreign citizenship	By law
     Deprivation	Government cancels your citizenship	By Indian Govt due to wrongdoing

     
     

     🇮🇳 Citizenship Amendment Act (CAA) 2019 

     ---

     📜 What is the Citizenship Amendment Act?

     The CAA 2019 is a law passed by the Indian Parliament in December 2019.
     It amends the Citizenship Act of 1955 to give Indian citizenship to some religious minorities from neighboring countries.

     ---

     🌏 Who Can Get Citizenship Under CAA?

     The CAA gives citizenship to people who:

     1. Belong to these 6 religions:
        🕉️ Hindus
        ✝️ Christians
        🛕 Sikhs
        🕎 Parsis
        🛐 Buddhists
        🛑 Jains

     2. Came from these 3 countries:
        🇧🇩 Bangladesh
        🇵🇰 Pakistan
        🇦🇫 Afghanistan

     3. Entered India on or before 31st December 2014

     🧠 So, only non-Muslim religious minorities from these countries are eligible.

     ---

     🕒 Why Was This Law Made?

     1. These countries are Muslim-majority.

     2. Many minorities faced religious persecution there.

     3. They came to India to save their lives and practice their faith freely.

     4. The CAA gives them legal protection and citizenship.

     ---

     🧾 What are the Key Features of CAA?

     1. People of above 6 religions will not be treated as illegal migrants.

     2. They can apply for citizenship after staying 5 years in India (earlier it was 11 years).

     3. Applies to people who came before 31 Dec 2014.

     4. Does not apply to Muslims from those countries.

     5. Does not affect Indian Muslims – they are already citizens.

     ---

     🧨 Why Was It Controversial?

     1. Critics say it violates secularism because it excludes Muslims.

     2. People feared it may be linked with NRC, and poor or undocumented Muslims may be left stateless.

     3. Protests happened all over India — especially in Delhi, Assam, West Bengal, Kerala.

     4. In Assam and Northeast, locals feared it will allow more outsiders, which may affect their culture and jobs.

     ---

     📜 Does CAA Affect Indian Muslims?

     🛑 No.
     CAA is only for refugees from outside India, not for Indian citizens.

     Indian Muslims remain citizens, and CAA does not take away anyone’s citizenship.

     ---

     🧠 UPSC Key Points

     1. CAA = Amendment to Citizenship Act 1955

     2. Provides citizenship to non-Muslim minorities from Bangladesh, Pakistan, Afghanistan

     3. Cut-off date = 31 December 2014

     4. Reduces naturalization period from 11 to 5 years

     5. Does not apply to tribal areas of NE (like Sixth Schedule areas, Inner Line Permit areas)

     ---

     🧾 Related Laws and Terms

  • NRC = National Register of Citizens (list of citizens only)

  • NPR = National Population Register (list of all residents)

  • CAA = Gives citizenship, not takes away

• 📜 Provisions under Citizenship Amendment Act (CAA) 

  ---

  1️⃣ Fast-track Citizenship for 6 Religious Minorities

  The Act provides Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who came to India from:

  • 🇧🇩 Bangladesh

  • 🇵🇰 Pakistan

  • 🇦🇫 Afghanistan

  🧠 These are religious minorities in those countries, often facing religious persecution.

  ---

  2️⃣ Cut-off Date – 31st December 2014

  Only those who entered India on or before 31st December 2014 are eligible.

  👉 Anyone who came after this date is not eligible under CAA.

  ---

  3️⃣ Relaxed Residency Requirement

  Earlier, a person had to stay in India for 11 years to apply for citizenship.
  Under CAA, the requirement is reduced to 5 years for these specific religious minorities.

  🧠 This helps refugees who’ve been living in India for many years without citizenship.

  ---

  4️⃣ No Action Against These Immigrants

  Those who belong to the 6 religious groups and came from the 3 countries will not be treated as illegal migrants under the law.

  ✅ Even if:

  • They don’t have proper documents

  • Their visa expired

  • They entered without papers

  ---

  5️⃣ CAA Does Not Apply to Some Areas

  The Act does not apply to:

  • 🏔️ Tribal areas under Sixth Schedule (like parts of Assam, Meghalaya, Tripura, Mizoram)

  • 🛑 Inner Line Permit (ILP) areas under Bengal Eastern Frontier Regulation, 1873:

    • Arunachal Pradesh

    • Mizoram

    • Nagaland

    • Manipur (added in 2019)

  🧠 This was done to protect cultural identity of North East India.

  ---

  6️⃣ Muslims Not Included in CAA

  The law does not provide citizenship to Muslim refugees or illegal migrants from these countries.

  🧠 Govt says the 3 countries are Muslim-majority, so Muslims there are not "religiously persecuted minorities". Critics call this discriminatory.

  ---

  7️⃣ Citizenship Only by Naturalization

  Citizenship will be given through naturalization process under Section 6B of the Citizenship Act, 1955 (inserted by CAA).

  ---

  8️⃣ Legal Protection to Applicants

  Anyone who is eligible under CAA will:

  • Not face deportation

  • Not be jailed for being undocumented

  • Can apply legally for citizenship

  ---

  🧠 Key UPSC Summary

  Provision	Detail
  Applies to	Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Afghanistan, Pakistan, Bangladesh
  Cut-off Date	Must have entered India on or before 31 Dec 2014
  Residency Rule	Reduced from 11 years to 5 years
  Protection	Won’t be treated as illegal migrants
  Areas Excluded	ILP areas + Sixth Schedule tribal areas
  Method	Citizenship by naturalization

  📋 NRC – National Register of Citizens-

  ---

  🧾 1️⃣ What is NRC?

  • NRC = National Register of Citizens

  • It is a list of all legal Indian citizens.

  • The main aim is to identify illegal migrants living in India.

  🧠 Only those who can prove they are Indian citizens get included in this list.

  ---

  🌍 2️⃣ Where Has NRC Been Implemented?

  • NRC has been officially implemented only in Assam till now.

  • The reason: Assam has many illegal migrants from Bangladesh due to history and open borders.

  • Supreme Court ordered Assam NRC update in 2013.

  • Final NRC list for Assam was published on 31 August 2019.

  ---

  📑 3️⃣ What Documents are Needed for NRC?

  To get your name in NRC, you must prove:

  1. You or your ancestors were living in India before 24 March 1971 (midnight) (for Assam).

  2. Some accepted documents include:

     • Birth certificate

     • Land record

     • Voter ID

     • Passport

     • School certificate

     • Citizenship certificate

     • NRC 1951 document

  🧠 People had to submit old records to prove ancestry and residence.

  ---

  📉 4️⃣ What Happened in Assam?

  • Over 3.3 crore people applied for NRC in Assam.

  • About 19 lakh people were left out of the final list.

  • Those excluded could file an appeal in Foreigners Tribunals.

  🧠 But many poor or illiterate people didn't have proper documents.

  ---

  📛 5️⃣ What is the Concern or Controversy?

  • Fear that NRC may be used across India to target minorities, especially Muslims.

  • Critics say:

    • Poor people may get excluded.

    • Women and children may lack documents.

    • Combined with CAA (Citizenship Amendment Act), it may be biased.

  🧠 There were nationwide protests in 2019–2020 due to this fear.

  ---

  🔁 6️⃣ Is NRC Being Done All Over India?

  • Government has talked about implementing nationwide NRC, but no official notification yet.

  • As of now, NRC is only done in Assam.

  ---

  ⚖️ 7️⃣ Legal Background

  • NRC is allowed under Citizenship Act, 1955 and Citizenship Rules, 2003.

  • Government has the power to maintain a National Register of citizens.

  ---

  ✅ 8️⃣ Who Maintains NRC?

  • The NRC is maintained by the Registrar General of India (RGI).

  • It works under the Ministry of Home Affairs.

  ---

  🧠 UPSC Key Points

  Topic	Detail
  Full Form	National Register of Citizens
  Aim	Identify Indian citizens & illegal migrants
  Legal Basis	Citizenship Act 1955 & Citizenship Rules 2003
  First Done In	Assam
  Cut-off Date (Assam)	24 March 1971
  Documents Required	Old legal records showing citizenship
  Controversy	Fear of exclusion, especially of Muslims & poor people

  🧾 NPR – National Population Register-

  ---

  📜 1️⃣ What is NPR?

  • NPR = National Population Register

  • It is a list of all people living in India — both citizens and non-citizens.

  • It is made by the central government to collect basic details about every resident.

  • This includes people living in India for 6 months or more (or planning to stay 6 months or more).

  🧠 NPR is like a family data register for government planning — not just citizens.

  ---

  🧑‍🤝‍🧑 2️⃣ Who is Included in NPR?

  • Every usual resident of India is included.

  • A “usual resident” means someone who:

    • Has lived in a place for 6 months or more, OR

    • Plans to stay there for the next 6 months.

  ✅ So both citizens and non-citizens are included.

  ---

  🏛️ 3️⃣ Under Which Law is NPR Created?

  • NPR is done under the Citizenship Act, 1955 and Citizenship Rules, 2003.

  • It is handled by the Registrar General of India (RGI) under the Ministry of Home Affairs.

  ---

  📋 4️⃣ What Information Does NPR Collect?

  Here are the basic details collected during NPR:

  • 👤 Name

  • 👨‍👩‍👧‍👦 Father's & Mother's Name

  • 🧓 Date of Birth

  • 📍 Address

  • 📜 Marital status

  • 📇 Nationality

  • 💼 Occupation

  • 📞 Contact details (if available)

  • 🆔 Aadhaar (optional)

  🧠 No need to show documents during data collection. It's mostly based on what you tell.

  ---

  📆 5️⃣ When Was NPR Done Before?

  • 📅 First created in 2010 during the Census process.

  • 📅 Updated again in 2015 using door-to-door verification.

  • 📅 Next update was planned in 2020, but postponed due to COVID-19 and protests.

  ---

  🧨 6️⃣ Why is NPR Controversial?

  • People feared that NPR will be linked with NRC.

  • Since NPR asks for nationality, some think it may be used to filter citizens and non-citizens.

  • Critics say it may cause problems for poor people, especially those without documents.

  🧠 Govt says NPR is just for welfare planning, but fear remains due to CAA + NRC discussions.

  ---

  💡 7️⃣ What is the Purpose of NPR?

  • 🧮 Government planning

  • 🏥 Better delivery of welfare schemes (housing, health, etc.)

  • 🛡️ National security and identity verification

  ---

  🧠 UPSC Key Points: NPR vs NRC

  Feature	NPR	NRC
  Full Form	National Population Register	National Register of Citizens
  Includes	All usual residents	Only Indian citizens
  Proof Required	No	Yes (documents needed)
  Purpose	Data for planning & welfare	Identify illegal immigrants
  Legal Basis	Citizenship Act 1955, Rules 2003	Same
  Status	Done in 2010, 2015	Only in Assam (2019)

  🧾 Census of India – 

  ---

  📜 1️⃣ What is Census?

  • Census is the official count of people living in a country.

  • It collects data like:

    • Total population

    • Gender, age, religion, caste

    • Literacy level

    • Housing and drinking water

    • Language, employment, migration, etc.

  🧠 It helps the government understand how many people live where, and in what condition.

  ---

  🏛️ 2️⃣ Who Conducts the Census in India?

  • Census is conducted by the Registrar General and Census Commissioner of India.

  • This office works under the Ministry of Home Affairs.

  • It is carried out under the Census Act, 1948.

  ---

  📅 3️⃣ When is Census Conducted?

  • The Census happens every 10 years.

  • First census in modern India: 1872 (partial)

  • First complete census: 1881

  • Last census: 2011

  • Next census (2021) was delayed due to COVID-19.

  ---

  📊 4️⃣ What Type of Data is Collected?

  Here’s what is included:

  🧍 Personal Data

  • Name, age, gender

  • Caste, religion, language

  • Marital status

  🏠 Household Data

  • Type of house

  • Drinking water, electricity, toilet

  • Kitchen, LPG, TV, car, etc.

  📚 Social Data

  • Literacy and education

  • Employment and profession

  • Disability

  🧠 All data is confidential and protected by law.

  ---

  🧠 5️⃣ Why is Census Important?

  1. 📋 Planning government schemes
     → Like housing, education, health, food, etc.

  2. 💸 Budget allocation
     → Helps decide how much money to give to which state.

  3. 🗳️ Election constituency boundaries
     → Delimitation based on population.

  4. 📚 Data for researchers, students, and policymakers

  ---

  🔄 6️⃣ Difference Between Census & NPR

  Feature	Census	NPR
  Purpose	Count population	List of residents
  Who is Counted?	Every person	All usual residents
  Frequency	Every 10 years	No fixed time (updated 2010, 2015)
  Based On	Census Act, 1948	Citizenship Rules, 2003
  Documented Info	Personal, housing, social	Basic demographic only

  🧠 UPSC Important Points

  Topic	Detail
  First Census	1872 (partial), 1881 (first full census)
  Last Census	2011
  Next Census	Postponed (was due in 2021)
  Conducting Body	Registrar General of India
  Under Which Law	Census Act, 1948
  Frequency	Every 10 years
  Legal Protection	Data is confidential and can't be shared

  ❓ FAQs – Citizenship (Articles 5 to 11 of Indian Constitution)

  ---

  🧾 General Questions

  Q1. What do Articles 5 to 11 of the Indian Constitution deal with?
  👉 These articles explain who was a citizen of India when the Constitution started on 26 January 1950.
  They do not apply to new citizenship cases now.

  ---

  Q2. Where are citizenship rules explained today?
  👉 Today, citizenship is mainly governed by the Citizenship Act, 1955, not these articles.

  ---

  📘 Article-wise Questions

  ---

  Q3. Who became citizens under Article 5?
  👉 Anyone who was:

  • Born in India, OR

  • Had parents born in India, OR

  • Lived in India for at least 5 years before 26 Jan 1950.

  ---

  Q4. What is Article 6 about?
  👉 Article 6 gave Indian citizenship to people who migrated from Pakistan to India during partition (before or after 19 July 1948), based on certain conditions.

  ---

  Q5. What is the difference between Article 6 and 7?
  👉

  • Article 6 = For people coming from Pakistan to India

  • Article 7 = For people who went to Pakistan but later returned — they had to register again to become citizens.

  ---

  Q6. What does Article 8 say?
  👉 It allows Indian-origin people living abroad (like in Africa, UK, etc.) to get citizenship by registering at Indian Embassy.

  ---

  Q7. Does India allow dual citizenship (Article 9)?
  👉 ❌ No, India does not allow dual citizenship.
  If you take citizenship of another country voluntarily, you lose Indian citizenship.

  ---

  Q8. What is the meaning of Article 10?
  👉 If you are already a citizen under these articles, your citizenship continues unless a law by Parliament says otherwise.

  ---

  Q9. What is the use of Article 11?
  👉 Article 11 gives full power to the Parliament to make laws about:

  • How to give citizenship

  • How to take it away

  • Who is eligible

  That’s why we have the Citizenship Act 1955 today.

  ---

  🧠 Confusion-Busting Questions

  ---

  Q10. Are these articles still used to give citizenship now?
  👉 ❌ No. These articles were for initial citizenship at the time of India’s independence.
  Today, we follow laws made under Article 11.

  ---

  Q11. Are NRIs citizens of India?
  👉 If they are born in India or to Indian parents and haven't taken another country's citizenship, then ✅ Yes, they are citizens.
  If they have taken foreign citizenship, ❌ they are not Indian citizens anymore.