Why did Citizenship incorporate in our Constitution after so many years of independence?

After India got independence, two waves of immigration took place from west Pakistan to India:  the first wave started from 1st March 1947 large numbers of Hindus and Sikhs arrived here and the second wave of immigration took place in 1948 when many Indian Muslims who had migrated to West Pakistan sought to return to India because of poor conditions. And this second wave created chaos in Delhi and other parts of India.

The Constituent Assembly considered Citizenship in two categories

• First categories for those who migrated from Pakistan to India and they were mostly Hindus and sings, accepted them as citizens “practically without demur or enquiry”
• The second category for those who migrated to Pakistan after March 1, 1947, and subsequently returned to India to permanently resettle here, were Muslims.

And on behalf of that, the Citizenship Act, 1955 was inserted under part 2 of the Constitution.

It made the following provisions:

• A person can acquire Indian citizenship either by Birth or, by registration or, by descent or, by naturalisation.
• A person can be debarred from citizenship either by Renunciation or, by Termination or, by Deprivation.
• Also there is a provision of single citizenship only.

When an Indian origin person living in foreign can apply for the OCI card?

Eligibility to apply for this card are

• They should be a citizen of another country having an Indian origin and was a citizen of India on or before the commencement of the constitution; or
• He/She is a citizen of another country, but was eligible for the citizenship of India at the time of the commencement of the constitution; or
• He/She is a citizen of another country and belonging to a territory that became a part of India after the 15th August 1947; or
• He/She is a child/grandchild/great grandchild of such a citizen; or
• He/She is a minor child, whose parents are both Indian citizens or one parent is a citizen of India and is a spouse of foreign origin of an Indian citizen or an OCI cardholder.

Any person having citizenship of Bangladesh or Pakistan is not eligible to apply for the OCI card. Even a person having a background of serving any foreign military are also not eligible for the scheme.

And to become a citizen of India, the following are the eligibility:

According to the Citizenship Act, 1955 there are four ways to get the citizenship of India: a) Birth b) Descent c) Registration and d) Naturalisation.

By Birth

• Any person born in India on or after 26 January 1950 and before 1 July 1987, is a citizen of India by birth irrespective of his/her parents’ nationality.
• Any person born in India on or after 1 July 1987, and before 3 December 2004, is considered a citizen of India by birth if either of his/her parents is a citizen of India at the time of birth.
• A person born in India on or after 3 December 2004 is considered a citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his/her birth.

By Descent

• Anyone born outside the country on or after 26 January 1950, but before 10 December 1992, can be considered an Indian citizen by descent if their father was an Indian citizen by birth.
• Anyone born outside India on or after 10 December 1992, but before 3 December 2004, can be considered an Indian citizen if, at the time of their birth, either parent was a citizen of India by birth.
• Anyone born outside India on or after 3 December 2004, can be considered a citizen of India if their parents declare that the said minor does not hold a passport of another country and that his/her birth is registered at an Indian consulate within a year of their birth. There is even a procedure in place for the same.

By Registration

• Person Indian origin who has been a resident of this country for 7 years before applying for registration.
• Married to an Indian citizen and is a resident for 7 years before applying for registration.
• Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b)
• Minor children of persons who are citizens of India.

By Naturalisation

Anyone can acquire citizenship if they are ordinarily a resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils other qualifications as stated in the Third Schedule of the Citizenship Act.

Where is Citizenship mentioned in the Constitution of India?

Under part 2 of the Constitution from article 5-11, the Indian Constitution deals with the Citizenship of India. It was implemented in 1955 as the 'Citizenship Act, 1955'.

Article 5:  “every person” who has a domicile in the territory of India and who was born in the territory of India or, either of whose parents were born in the territory of India or, who has been ordinarily resident in the territory of India for not less than 5 years immediately preceding such commencement shall be a citizen of India.

Article 6: Rights of Citizenship of certain persons who have migrated to India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution

Article 7: Rights of Citizenship of certain migrants to Pakistan is a special provision for persons who have migrated to Pakistan after March 1, 1947, but returned to India subsequently.

Article 8: These are the Rights of Citizenship of certain persons of Indian origin residing outside India for employment, education, and marriage

Article 9: Persons who voluntarily acquire citizenship of a foreign state will not be citizens of India.

Article 10: Every person who is a citizen of India under any provisions of this part will be subject to any law enacted by the Parliament.

Recently, it was amended in 2019 with the following provisions:

• It grants citizenship to the Hindus, Christians, Sikhs, Buddhist, Jains and Parsis — from Afghanistan, Pakistan and Bangladesh who had arrived in India before 31 December 2014.
• Under the earlier proposed Act, one of the requirements for citizenship is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Citizenship Bill 2019 relaxes this 11-year requirement to 6 years for applicants belonging to these six religions, and the aforementioned three countries.
• The Bill allows that registration of Overseas Citizen of India (OCI) cardholders may be cancelled for violation of any law, including minor offences such as parking in a no-parking zone.

Who can be the Overseas Citizen of India?

A committee was set up in 2000 under the chairmanship of L.M.Singhvi to make a comparative study of Indian diaspora. They submitted its report on 2002 and recommended to amend the Citizenship Act (1955) to provide dual citizenship to the Person of Indian Origin. Later, it was amended in 2003 and make provision to acquire Overseas Citizenship of India by the PIOs of 16 specified countries. In 2005 it was amended again and expanded the scope to grant Overseas Citizenship of India for PIOs of all countries except Pakistan.

        Technically it means a person who is a citizen of another country belonging to Indian origin. They were citizens of India on 26th January 1950 or thereafter except who is or had been a citizen of Pakistan, Bangladesh or such other country. It was launched during the Pravasi Bharatiya Divas Convention 2006 at Hyderabad. It is given to a foreign citizen of Indian origin as an alternative for dual-citizenship which is not allowed by the Indian Constitution.

Multi-purpose and life-long visa are provided to the registered Overseas Citizen of India for visiting India and are also exempted from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India.

Again in 2015, it was modified and merged PIOs card with OCI and this scheme came to known as "Overseas Citizen of India Cardholder".

How OCI card is significant for Indian Origin person living in foreign?

Benefits are given to OCI cardholder

•   It gives lifelong visa to visit India multiple times but, special permission is needed for research and development work.
•   No need to register with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay.
•   OCI cardholders have similar facilities that are extended to NRIs in economic, financial and educational fields but except acquisition of agricultural and plantation properties.
•   They treated as same as NRIs in respect to Inter-country adoption of Indian children.
•   Also treated at par with NRIs regarding – entry fees for national monuments, the practice of professions like doctors, dentists, nurses, advocates, architects, Chartered Accountants & Pharmacists.
•   They can also participate in All India Pre-medical tests and such as similar to NRIs.
•   Treated at par with Indian citizens in matters of traffic in airfares in Indian domestic sectors.
•   Similar entrance charges as for Indians for viewing India’s national parks and wildlife sanctuaries.
•   OCI booklet can be used as identification to avail services. An affidavit can be attached with a local address as residential proof.
•   If a person is registered as an OCI for five years, they will be eligible to apply for Indian citizenship.
•   At all Indian international airports, OCI cardholders are provided with special immigration counters.