Citizenship denotes a connection between an individual and the state that is built on mutual rights, obligations, and responsibilities. The population of a country is divided into two classes – citizens and aliens. Individuals are complete and equal participants within a political society. They enjoy all political and civil rights. Whereas, Aliens are citizens of another country and hence, do not have benefits of all civil and political rights. Aliens can further be classified into two groups – friendly aliens or enemy aliens. 

• Friendly aliens residing in India are nationals of nations that maintain positive relations with India. 
• Conversely, enemy aliens in India are citizens of countries that are in conflict with India, which results in them having fewer rights than friendly aliens; for instance, they lack protection against arrest and detention.

Constitutional Provisions Related to Indian Citizenship

The Constitution addresses citizenship in Part II (spanning Articles 5 to 11). Nevertheless, it lacks detailed or permanent regulations concerning citizenship. 

• Citizenship at commencement: This section specifies individuals who became citizens when the constitution came into effect. 
• Parliamentary provisions: The constitution does not address the acquisition or loss of citizenship. Instead, it authorizes Parliament to handle these and other citizenship-related issues. Consequently, Parliament enacted the Citizenship Act of 1955 (which has undergone multiple amendments) to manage such matters. 

Relevant Articles:

Article 11 makes it clear that any legislation pertaining to citizenship must be established by Parliament, as is evident from the foregoing. It should be noticed that the Union list mentions citizenship as a subject. 

Citizenship at the commencement of the Constitution

Article 5 addresses citizenship for individuals at the time the Constitution came into effect on 26th January 1950. 

• Provision: According to this article, citizenship is granted to ‘every person’ with a domicile in Indian territory who meets one of the following conditions: 
• Who was born in Indian territory; or 
• Whose either parent was born in Indian territory; or 
• Who has ordinarily resided in India for at least 5 years before the commencement of the Constitution.

• Scope of ‘every person’: he term ‘every person’ encompasses individuals such as: 

1. A prisoner
2. A member of the armed forces

Rights of citizenship of certain persons who have migrated to India from Pakistan

Article 6 provides conditions for citizenship for individuals who migrated from Pakistan to India after partition. 

• Provision: Under this provision, citizenship can be granted in the following cases: 

1. A person, or either of their parents or grandparents, must have been born in India as defined under the Government of India Act, 1935, and must fulfill one of the two conditions below:
   1. The person migrated from Pakistan before 19th July 1948 and has been ordinarily resident in India since migration. 
   2. If the person migrated from Pakistani Territory into Indian Territory after 19th July 1948, they must reside in Indian territory for at least six months and then register as a citizen with an appointed government officer

Rights of citizenship of certain migrants to Pakistan

• About: Article 7 addressed individuals who moved to Pakistan after March 1, 1947. 
• Provision: It was determined that anyone who had migrated from India’s territory to that of Pakistan would not be considered a citizen of India. However, it also included provisions for those who returned to India for resettlement or who were living in India permanently. A compassionate stance was adopted toward individuals who had previously migrated to Pakistan but later came back. These individuals could submit an application for registration after residing in India for six months. 

Rights of citizenship of certain persons of Indian origin residing outside India

• Provision: Article 8 states that any individual of Indian descent residing outside India, whose parents or grandparents were born in India as defined by the Government of India Act 1935, is eligible to register as an Indian citizen with the diplomatic or consular representative in the country where they live.

People voluntarily acquiring citizenship of a foreign state not to be citizens 

• Provision: A person who has voluntarily taken up citizenship of a foreign nation will cease to be a citizen of India.

Citizenship and Domestic law 

• Provision: Any individual recognized as a citizen of India under any provisions of Part-II will remain a citizen, subject to any legislation enacted by the Parliament.

Parliament to regulate the right of citizenship by law

• Provision: The Parliament holds the power to establish any regulations pertaining to the acquisition and termination of citizenship, as well as other citizenship-related matters. As a result of this authority, a comprehensive citizenship law was enacted by Parliament in 1955, known as the Citizenship Act of 1955.