Who is an Indian Citizen? A Detailed Overview

Citizenship is the formal legal bond between an individual and a country, giving that person rights, protections, and obligations under the nation’s laws. In India, this status is governed primarily by the Constitution of India and the Citizenship Act, 1955. Understanding who qualifies as an Indian citizen is essential not only for legal purposes but also for appreciating the historical, social, and political context in which these laws evolved.

1. Historical Context of Indian Citizenship

When India became a republic on 26 January 1950, the Constitution came into effect, defining citizenship for people at that moment in history. The framers of the Constitution were dealing with the immediate aftermath of Partition, which had led to large-scale migration between India and Pakistan. Special provisions were therefore included to determine who was a citizen at the commencement of the Constitution.

At that time, citizenship was determined by a combination of factors: place of birth, parentage, and residency. People born in India, or with parents born in India, or who had been resident in India for at least five years before 26 January 1950 were recognised as citizens. Special categories addressed those who migrated from Pakistan, ensuring that migration during Partition did not deprive individuals of citizenship unjustly.

However, the Constitution’s provisions applied only to people alive and present during that historical moment. The framers recognised that India needed a long-term legal framework to address future cases of birth, migration, and naturalisation. That is where the Citizenship Act, 1955 came in.

2. The Citizenship Act, 1955 – Foundation of Modern Citizenship Law

The Citizenship Act, 1955 is the key law that sets out the rules for acquiring, determining, and terminating Indian citizenship after the Constitution’s commencement. Over time, it has been amended several times — in 1986, 1992, 2003, 2005, 2015, and most recently in 2019 — to reflect changes in migration patterns, security concerns, and political priorities.

The Act recognises five main modes of acquiring citizenship:

A. Citizenship by Birth

Citizenship by birth is one of the most common and straightforward ways of acquiring nationality, but the rules have evolved over the decades.

  1. Born between 26 January 1950 and 1 July 1987
    Anyone born in India during this period is automatically a citizen, regardless of the nationality of their parents.
  2. Born between 1 July 1987 and 3 December 2004
    A person born in India during this period is a citizen only if at least one parent was an Indian citizen at the time of their birth.
  3. Born after 3 December 2004
    A person born in India is a citizen if at least one parent is an Indian citizen and the other parent is not an illegal migrant.

This gradual tightening of the rules reflects concerns over illegal migration, especially across porous borders.

B. Citizenship by Descent

Citizenship by descent applies to individuals born outside India to Indian parents. The rules here also vary by period:

  • Before 10 December 1992: Citizenship is granted if the father was an Indian citizen at the time of the child’s birth.
  • On or after 10 December 1992: Either parent being an Indian citizen qualifies the child for citizenship.
  • For children born after 3 December 2004: The birth must be registered at an Indian consulate within one year.

This provision ensures that Indian citizenship can extend to certain members of the diaspora, although India does not allow full dual citizenship.

C. Citizenship by Registration

The law allows certain categories of people to apply for citizenship through registration:

  • Persons of Indian origin residing in India for at least seven years.
  • Persons of Indian origin residing in countries outside India.
  • Spouses of Indian citizens, provided the marriage has subsisted for seven years and the person has been resident in India for that period.
  • Minor children of Indian citizens.

Registration is a simplified route for those with cultural or familial ties to India.

D. Citizenship by Naturalisation

Naturalisation is a process for foreigners with no Indian origin to become citizens. To qualify, the person must:

  • Have resided in India for at least 11 of the last 14 years.
  • Have lived in India continuously for 12 months immediately before the application.
  • Satisfy other conditions laid down in the Third Schedule of the Act, such as proficiency in an Indian language and good character.

Naturalisation is comparatively rare and is granted at the discretion of the Government of India.

E. Citizenship by Incorporation of Territory

When new territory becomes part of India — for example, Sikkim in 1975 — the Government can specify that people from that territory become Indian citizens automatically.

3. Loss of Indian Citizenship

Just as the law specifies how citizenship can be acquired, it also provides for how it can be lost. There are three modes:

  1. Renunciation – Voluntarily giving up Indian citizenship, often when acquiring another nationality.
  2. Termination – Automatic loss when a citizen voluntarily acquires citizenship of another country (India does not permit dual citizenship).
  3. Deprivation – The Government can cancel citizenship obtained by fraud, disloyalty, or if the person is residing abroad during wartime with an enemy country.

4. Who is Not an Indian Citizen?

It is equally important to understand who is not considered an Indian citizen:

  • Illegal migrants: Foreign nationals who enter without valid documents or overstay their permitted time.
  • OCI and PIO cardholders: Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO) enjoy certain rights like visa-free entry, but they are not full citizens and cannot vote or hold certain public offices.
  • Foreign nationals on visas: Temporary residents or workers remain citizens of their own countries.

5. Amendments and Current Context

The Citizenship Act has been politically and socially significant in recent years, particularly after the 2019 amendment. The Citizenship (Amendment) Act, 2019 provides an expedited route to citizenship for certain persecuted religious minorities — Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians — from Afghanistan, Bangladesh, and Pakistan, provided they entered India before 31 December 2014. This amendment, however, has been controversial and sparked nationwide debate.

6. Rights and Duties of an Indian Citizen

Citizenship is not merely a legal title; it comes with rights and responsibilities. Indian citizens enjoy fundamental rights under the Constitution, including equality before the law, freedom of speech, and the right to vote. At the same time, they have duties such as respecting the Constitution, defending the country, and promoting harmony among communities.

7. Conclusion

The question “Who is an Indian citizen?” cannot be answered in a single sentence because it depends on a combination of historical circumstances, legal rules, and constitutional principles. At independence, the definition was based largely on place of birth and migration history. Over time, the law has tightened to address concerns about illegal immigration and to adapt to changing national priorities.

Today, an Indian citizen is someone who either qualifies through birth, descent, registration, naturalisation, or incorporation of territory, and who has not lost that citizenship through renunciation, termination, or deprivation. Understanding these provisions is essential for appreciating not just the legal status of citizenship, but also its role in shaping national identity.

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