INDIAN CITIZENSHIP: MEANING, CHALLENGES, WAY FORWARD

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Picture Courtesy:  THE HINDU

Context

The Bombay High Court has clarified that Aadhaar cards, PAN cards, or Voter ID cards are not sufficient proof of Indian citizenship, repeating that the Citizenship Act of 1955 remains the core law for establishing nationality.

What is Citizenship?

It is the legal status defining an individual's relationship with the Republic of India, granting them specific rights, responsibilities, and a collective political identity.

The Indian constitution establishes a system of single citizenship (no dual, national and state, citizenship like the USA), to promote a unified national identity and prevent the discrimination that can arise from dual allegiances.  

Citizenship Law in India

Constitutional Foundations

Part II (Articles 5-11) of the Constitution: Basis of citizenship law, coming into effect on November 26, 1949, designed to address the immediate question of who was an Indian citizen.

Article 5: Citizenship to individuals domiciled in India at the time of the Constitution's commencement who were either born in India, whose parents were born in India, or who had resided ordinarily in India for at least five years before January 26, 1950.

Articles 6 & 7: Addressing the Partition's complexities

• Article 6 addresses the rights of citizenship for individuals who migrated from Pakistan to India following the partition.
• Article 7 deals with the citizenship of certain migrants who initially moved to Pakistan after March 1, 1947, but returned to India under a permit for resettlement or permanent return.

Article 8: Citizenship rights of individuals of Indian origin residing outside India.

• Individuals and their descendants who or whose parents or grandparents were born in India, and who were residing outside India, could register as Indian citizens through the Indian diplomatic or consular representative in their country of residence.
• Note: In the Union of India vs Pranav Srinivasan case, Supreme Court clarified that Article 8 applies to individuals residing outside India at the commencement of the Constitution (January 26, 1950) and who registered as citizens at that time, not for generations born after 1950.

Article 9: Establishes the principle of single citizenship. Any Indian citizen who voluntarily acquires foreign citizenship ceases to be an Indian citizen.

Article 10: Ensures that those recognized as citizens under the articles (5, 6, and 8) will continue to be citizens, subject to any future laws enacted by Parliament. It grants continuity to the initially established citizenship framework.

Article 11: Empower the Parliament with the authority to legislate on all matters relating to citizenship.

Citizenship Act, 1955, and its Amendments

Acting on the power granted by Article 11, Parliament enacted the Citizenship Act, 1955, which serves as the primary legislation. Initially, the Act was based on the principle of jus soli (right of the soil), granting citizenship to almost everyone born in India, between January 26, 1950, and July 1, 1987. However, amendments have altered this.

• Citizenship (Amendment) Act, 1986: Responding to political unrest in Assam over migration (Assam Accord), restricted jus soli, requiring at least one parent to be an Indian citizen for those born on or after July 1, 1987, but before December 4, 2003.
• 2003 Amendment: Mandated that for those born on or after December 3, 2004, citizenship required both parents to be Indian citizens, or one parent to be an Indian citizen and the other not an illegal migrant.
• Formally defined an "illegal migrant" as a foreigner who entered India without valid documents or stayed beyond the permitted time.
• Laid the groundwork for the National Register of Citizens (NRC), mandating the government to create and maintain such a register.
• Citizenship (Amendment) Act, 2019 (CAA): Path to citizenship for six non-Muslim communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—who migrated from Afghanistan, Bangladesh, and Pakistan and entered India on or before December 31, 2014. It relaxes the residency requirement for naturalization from 11 years to five years for these communities.

Major Challenges in Indian Citizenship

Ambiguity in Proving Citizenship: Absence of a single, definitive document for proving citizenship.

• Government has clarified that identity documents like the Aadhaar card and PAN card are not conclusive proof of citizenship.
• Lack of a clear, accessible system places an immense burden on individuals, particularly the poor and those lacking documentation, to prove their lineage and right to belong.

Illegal Migration and the NRC: Issue of migration from neighboring countries, especially in Assam, has been a continuous political and social challenge.

• 2019, NRC updating in Assam following Supreme court order, has been controversial, and the final list, published in 2019, excluded approximately 1.9 million people, pushing them towards potential statelessness.
• The process has been widely condemned for its procedural flaws, arbitrary standards of evidence, and the immense human cost.  
• Concerns have been raised that the CAA, with a nationwide NRC, could affect Muslim residents in India, as non-Muslims are excluded from the NRC could utilize the CAA to regain citizenship.

Controversial Citizenship (Amendment) Act, 2019: By naming six religions while excluding Islam, critics argue it fundamentally violates Article 14's guarantee of equality before the law.

• International organisations, including the United States Commission on International Religious Freedom (USCIRF) and the United Nations High Commissioner for Refugees (UNHCR), have raised concerns about its discriminatory nature.

Prohibition of Dual Citizenship: Stance against dual citizenship presents a growing challenge in a globalized world.

• While the Overseas Citizenship of India (OCI) scheme grants some privileges like a lifelong visa and the right to work, it is not a substitute for full citizenship and can be revoked anytime. OCI holders lack political rights and face restrictions on property ownership.
• The policy creates a difficult choice for the Indian diaspora, many of whom have no choice except renouncing their Indian citizenship for practical reasons.  
• According to the Minister of External Affairs written reply in Lok Sabha in August 2025, about 8.35 lakh Indians gave up their citizenship in the last 5 years.

Way Forward  

Review Discriminatory Laws: Government must review the Citizenship Amendment Act to address concerns about its discriminatory nature.

• Any law on citizenship should be religion-neutral and adhere to the principle of equality enshrined in Article 14 of the Constitution.

Establish a Clear Path to Citizenship: India needs a clear, fair, and non-discriminatory legal framework for determining citizenship.

• Establish accessible procedures and reasonable evidentiary standards, to ensure that no genuine citizen is disenfranchised due to a lack of documentation.

Re-evaluate the Stance on Dual Citizenship: In a globalized world, a rigid prohibition on dual citizenship may be counterproductive, therefore India should explore models that would allow Indians to hold citizenship of another country, strengthening ties with its successful diaspora.

Ensure Due Process: Legal framework for identifying and processing alleged illegal migrants must be reformed to include robust due process protections. The functioning of Foreigners' Tribunals must be made transparent and accountable to prevent arbitrary declarations.

Encourage National Unity: Political leaders and civil society should actively work to heal the divisions caused by recent controversies, promoting an inclusive narrative of citizenship, where all communities feel secure and valued, is essential for national unity.

What India can learn from other countries

Models of Dual Citizenship: Countries like the United States and the United Kingdom have managed dual citizenship for decades. India can study these frameworks to design a policy that safeguards its interests while benefiting from its global diaspora.

Refugee and Asylum Law: India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, and lacks any national refugee laws. 

• Adopting a national refugee law, consistent with international principles, would provide a more predictable and humane system for managing migration.

Conclusion

India's future depends on a citizenship framework that upholds the Constitution's principles of equality, justice, and fraternity; this requires comprehensive reforms and inclusive dialogue to ensure every individual's place within the nation's diverse fabric.

Source: THE HINDU