Citizenship in India: CAA, NRC, and Constitutional Provisions

Introduction

Citizenship denotes the relationship between an individual and the state, conferring rights and imposing duties. In India, citizenship is governed by Part II of the Constitution (Articles 5-11) and supplemented by the Citizenship Act, 1955 and subsequent amendments. The issues of Citizenship Amendment Act (CAA), 2019 and National Register of Citizens (NRC) have dominated recent constitutional discourse.

Constitutional Provisions (Articles 5-11)

Citizenship at Commencement (Article 5)

A person is a citizen at the commencement of the Constitution (January 26, 1950) if they have:

• Domicile in India and any of the following:
  • Born in India (jus soli), or
  • Either parent born in India, or
  • Ordinarily resident for 5+ years before commencement

Citizenship by Migration (Article 6)

• Persons migrating from Pakistan before July 19, 1948: automatic citizenship if they or parents/grandparents were born in India
• After July 19, 1948 but before commencement: registration required after 6 months residence

Rights of Migrants to Pakistan (Article 7)

• Persons who migrated to Pakistan after March 1, 1947 - not citizens unless they return under a permit for permanent resettlement

Overseas Citizens (Article...