101. Citizenship on Pause? The Ambiguities Surrounding Termination of Citizenship in India
- Author:
- Kalyani Ramnath
- Publication Date:
- 02-2026
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- In the past year, several writ petitions around the question of citizenship involving the children of former Indian citizens and refugees in India have come up before the appellate courtsof India. These legal developments are taking place amidstongoing efforts to revise voter rolls in Bihar, construct citizenship registers in Assam, and create a fluctuating hierarchy of identity documents across the country that have had a disproportionate impact on the most vulnerable sections of society: migrant workers, religious minorities and refugees among others.1These developments,many of which have been previously covered in the pages of theStatelessness and CitizenshipReview,highlight the seemingly impossible choices that face those applying for, resuming or exercising Indian citizenship. They also show that Indian citizenship —understood as a source of formal legal status but also as a conduit for rights, a means of shaping one’s social and cultural identities and as a moral claim about belonging —remains unsettled with consequences for families across multiple generations. The petitions to be discussed highlight legal questions of increasing importance to descendants of former Indian citizens, but also of more generalimportancegiven the changes towards increasingly restrictive citizenship, visa and residence regimes globally. Crucially,under what circumstances does Indian citizenship automatically cease? In what cases does citizenship ‘pause’and ‘resume’? What are the implications of citizenship that is paused?The legal regime relating to citizenship in India is governed by the provisions of the 1950 Constitutionof India (‘Constitution’),2the 1955 Citizenship Act(‘Citizenship Act’)3and rules made under the latter by the Central Governmentof India.4Specific dates, years and durations (eg, 1950,51987,62024,7five years,8seven years,9and so on) govern acquisition, retention, resumption, and termination of citizenship. Articles 5, 6, 7 and 8 came into force prior to the rest of the Constitutionto address the displacements occasioned by the 1947 Partition into India and Pakistan, noting that everyone who was ordinarily resident in the territory of India was an Indian citizen at the time of the commencement of the Constitution.10Under the aegis of art 11 of the Constitution, the Parliament enacted the Citizenship Actwhich created provisions for citizenship by naturalisation, registration and incorporation of territory.11Dual citizenship was not permitted.12The continuing ambiguities of India’s citizenship regime relate to intersections between the Citizenship Actitself,and adjacent regimes relating to the issuance of a passport. The Citizenship Actlays out provisions for the acquisition of citizenship which, like much citizenship and immigration legislation all over the world, feature time limits. Naturalisation could be initiated after a period of five years of continuous residence,13registration as an Indian citizen born abroad was possible for up to one year after birth, and so on. Termination of citizenship is also subject to term limits. Under s 8, a child’s Indian citizenship is automatically terminated when a parent who is an Indian citizen renounces their citizenship. However, the child’s citizenship can be resumed within one year of turning eighteen.14Although the systemic disadvantages faced by those trying to acquire, retain and recognise their Indian citizenship have been studied, the petitions discussed in the following sections illustrate how provisionsrelating to automatic cessation of citizenship can createsystemic disadvantages,and even de facto statelessness in cases where families have moved across international borders from or into India.
- Topic:
- Law, Children, Citizenship, and Citizenship Termination
- Political Geography:
- South Asia and India