Under which of the following conditions can citizenship be provided in India ? 1. One should be born in India. 2. Either of whose parents was born in India. 3. Who was been ordinary resident of India for not less than five years. Select the correct answer using the code given below:

1. Introduction to Part II of the Constitution (basic)

Welcome to your first step in understanding how one becomes a part of the Indian family—legally known as Citizenship. In the Indian Constitution, Part II (Articles 5 to 11) serves as the foundation for this identity. It is important to realize that the Constitution does not provide a permanent or detailed law for citizenship. Instead, it simply identified who was to be considered a citizen of India at the exact moment the Constitution came into force on January 26, 1950. For everything that happened after that date, the Constitution gave the Parliament the power to enact separate laws, which eventually led to the Citizenship Act of 1955 Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p. 63.

To begin with, let’s look at Article 5, which deals with people who were living in India (domiciled) at the time of commencement. To be a citizen under this article, a person had to have their domicile (a permanent home) in India and fulfill any one of the following three conditions:

• Condition 1: The person was born in the territory of India.
• Condition 2: Either of the person's parents was born in the territory of India.
• Condition 3: The person had been an ordinary resident of India for at least five years immediately before the commencement of the Constitution (i.e., living here since at least January 1945).

Think of Part II as a "snapshot" taken on Republic Day, 1950. It captures who was "in" at that moment. While the Constitution handled the immediate transition, the Citizenship Act, 1955 later expanded these rules to include acquisition by birth, descent, registration, naturalization, and incorporation of territory Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p. 64. This ensures that the law can evolve as the nation grows.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 7: Citizenship, p.63-64

2. Parliament's Power to Regulate Citizenship (basic)

When India became independent and adopted its Constitution, the framers faced a unique challenge: the Partition had caused massive shifts in population, and the future needs of the country were hard to predict. Consequently, the Constitution of India does not provide a permanent or elaborate law regarding citizenship. Instead, Articles 5 to 10 only identify the categories of persons who became citizens of India at the time of its commencement on January 26, 1950 Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.63.

To ensure the law could evolve with time, the Constitution-makers included Article 11. This crucial article gives the Parliament the absolute power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to it. In other words, the Constitution provided the "starting point," but it handed the "steering wheel" to the Parliament to decide how citizenship would be handled in the future Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.85.

Exercising this constitutional power, Parliament enacted the Citizenship Act, 1955. This Act is the primary legislation that governs how a person can become an Indian citizen or lose their citizenship after 1950. Under this Act, there are five broad ways to acquire citizenship:

• Birth: Being born on Indian soil.
• Descent: Based on the citizenship of one's parents.
• Registration: For persons of Indian origin or those married to Indian citizens.
• Naturalization: For foreigners who have resided in India for a specific period.
• Incorporation of Territory: When a new territory becomes part of India (e.g., Pondicherry) Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.64.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 7: Citizenship, p.63-64; Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.85

3. Rights Exclusive to Indian Citizens (intermediate)

In the study of Indian Polity, it is vital to distinguish between a 'person' and a 'citizen'. While the Indian Constitution is remarkably inclusive, it reserves specific privileges and protections solely for those who owe permanent allegiance to the State—the citizens. This distinction ensures that the core political and administrative machinery of the country remains in the hands of its own people, while still upholding basic human rights for everyone on Indian soil D. D. Basu, Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.98.

The most critical distinction lies within Part III of the Constitution. Fundamental Rights are bifurcated into two categories: those available to everyone (including foreigners) and those exclusive to citizens. The rights reserved only for Indian citizens include:

• Article 15: Protection against discrimination on grounds only of religion, race, caste, sex, or place of birth.
• Article 16: Right to equality of opportunity in matters of public employment.
• Article 19: Protection of six freedoms (speech and expression, assembly, association, movement, residence, and profession).
• Articles 29 & 30: Cultural and educational rights, specifically the protection of language, script, and culture of minorities, and their right to establish educational institutions D. D. Basu, Introduction to the Constitution of India, CITIZENSHIP, p.83.

Beyond these rights, certain Constitutional Offices and political privileges are strictly off-limits to non-citizens. For instance, only a citizen can hold the office of the President, Vice-President, Governor of a State, or a Judge of the Supreme Court or High Courts. Furthermore, the right to vote (suffrage) for the Lok Sabha and State Legislative Assemblies, as well as the right to contest elections to become a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA), are exclusive to citizens D. D. Basu, Introduction to the Constitution of India, CITIZENSHIP, p.83.

Category	Rights Exclusive to Citizens	Rights Available to All (Except Enemy Aliens)
Fundamental Rights	Articles 15, 16, 19, 29, 30	Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28
Political Rights	Voting (Art 326) and Contesting Elections (Art 84/191)	None
Public Offices	President, VP, SC/HC Judges, AG, Adv. General, Governor	None

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.98; Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.83

4. Overseas Citizenship and the Indian Diaspora (intermediate)

Hello! It’s wonderful to see you progressing through the nuances of Indian citizenship. Today, we dive into how India maintains its bond with the millions of Indians living abroad. While the Constitution of India (Article 9) strictly prohibits dual citizenship, the government recognizes the immense contribution of the diaspora through specific legal categories Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.67. To understand this, we must distinguish between those who are still technically Indian citizens and those who have moved on to other nationalities.

At the heart of this topic are three distinct categories. A Non-Resident Indian (NRI) is actually an Indian citizen who holds an Indian passport but lives abroad for work or education. In contrast, the Overseas Citizen of India (OCI) Cardholder is a foreign national (holding a foreign passport) who has deep ancestral roots in India. Historically, there was a separate "PIO" (Person of Indian Origin) category, but in 2015, the government merged the PIO scheme into the OCI scheme to simplify the process Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.67. Think of the OCI not as "citizenship" in the political sense, but as a multipurpose, lifelong visa that allows foreign nationals of Indian origin to live and work in India indefinitely.

To be eligible for an OCI card, a person must have been a citizen of India on or after the commencement of the Constitution (January 26, 1950), or belonged to a territory that became part of India after August 15, 1947 Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.70. However, it is important to note that citizens of Pakistan and Bangladesh (and a few other notified countries) are generally excluded from this scheme for security and historical reasons.

Feature	Non-Resident Indian (NRI)	OCI Cardholder
Citizenship	Indian Citizen	Foreign Citizen
Passport	Indian Passport	Foreign Passport
Voting Rights	Yes (if registered)	No
Public Office	Eligible for all posts	Cannot hold constitutional posts

While OCI cardholders enjoy most parity with NRIs in economic, financial, and educational fields, they face specific restrictions. They cannot vote in Indian elections, they cannot be members of the Lok Sabha or Rajya Sabha, and they cannot hold high constitutional offices like that of the President or Judges of the Supreme Court Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.73. Furthermore, they usually require prior permission for missionary work, mountaineering, or research in protected areas.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 7: Citizenship, p.67, 69, 70, 73

5. Acquisition of Citizenship under the 1955 Act (exam-level)

While the Constitution of India identified who were citizens at the moment of its commencement (January 26, 1950), it did not provide permanent or elaborate laws for the future. Instead, it empowered Parliament to regulate the right of citizenship by law. This led to the enactment of the Citizenship Act, 1955, which provides the actual mechanism for acquiring and losing citizenship after the Constitution began. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.63

Under this Act, there are five primary pathways to becoming an Indian citizen. It is important to distinguish these from the original Constitutional provisions. For instance, while Article 5 of the Constitution granted citizenship to those resident for 5 years prior to 1950, the 1955 Act sets different, more modern benchmarks. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.63

Method	Core Logic	Key Detail
By Birth	Jus Soli (Right of Soil)	Depends on the date of birth. Since 2004, both parents must be citizens, or one citizen and the other not an illegal migrant. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.64
By Descent	Jus Sanguinis (Right of Blood)	For those born outside India. Since 1992, either parent (not just the father) can pass on citizenship. Introduction to the Constitution of India, D. D. Basu (26th ed.), p.85
By Registration	For PIOs & Spouses	Available to Persons of Indian Origin (PIO) who are ordinarily resident in India for seven years before applying. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.64
By Naturalization	For Foreigners	Requires 12 years of residence (11 years plus the 12 months preceding the application) and knowledge of an 8th Schedule language.
Incorporation of Territory	Expansion of India	If a new territory becomes part of India (e.g., Pondicherry), the Government specifies who becomes a citizen. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.64

A crucial nuance to remember is the evolution of the "By Birth" criteria. Initially, birth in India was enough to claim citizenship. However, to curb illegal migration, the law was tightened in 1987 and again in 2004, shifting from a pure "territorial" right to one heavily dependent on the legal status of the parents. Indian Polity, M. Laxmikanth(7th ed.), Chapter 7, p.64

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 7: Citizenship, p.63-64; Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.85

6. Article 5: Citizenship at the Commencement of Constitution (exam-level)

At the stroke of midnight on January 26, 1950, India transitioned into a Republic. But who exactly were its citizens at that precise moment? Article 5 of the Constitution provides the answer. It is important to understand that Articles 5 to 11 are not permanent laws for citizenship; rather, they acted as a 'snapshot' to identify citizens at the commencement of the Constitution Indian Polity, M. Laxmikanth(7th ed.), Citizenship, p.63. For anyone seeking citizenship after this date, we look toward the Parliament’s legislation, specifically the Citizenship Act of 1955.

To qualify as a citizen under Article 5, a person had to meet one fundamental primary condition and any one of the three secondary conditions. The primary requirement was domicile in the territory of India. Domicile means more than just staying here; it implies a permanent home or the intention to reside in India indefinitely. If a person had their domicile in India, they became a citizen if they fulfilled at least one of the following three criteria:

Condition Type	Requirement
Birth	The person was born in the territory of India.
Descent	Either of the person's parents was born in the territory of India.
Residency	The person had been ordinarily resident in India for at least five years immediately before the commencement of the Constitution (i.e., from Jan 26, 1945, onwards).

This third condition was particularly inclusive, ensuring that long-term residents who might not have been born in India (or whose parents weren't) but who had made India their home, were not left stateless Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.85. It is also vital to note that Article 5 only dealt with those already within India; different articles (6, 7, and 8) were designed for migrants and those living abroad Indian Polity, M. Laxmikanth(7th ed.), Citizenship, p.63.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Citizenship, p.63; Introduction to the Constitution of India, D. D. Basu (26th ed.), CITIZENSHIP, p.85

7. Solving the Original PYQ (exam-level)

This question perfectly synthesizes the Constitutional Provisions regarding citizenship you just mastered, specifically Article 5. The building blocks here are the three distinct criteria for citizenship at the commencement of the Constitution (January 26, 1950). In your learning path, you saw that having a domicile in India was the primary requirement, which then had to be supplemented by any one of the three conditions listed in this question. This PYQ tests your ability to identify these foundational pillars as described in Indian Polity, M. Laxmikanth.

To arrive at the correct answer, walk through the logic of Article 5: Condition 1 (born in India) and Condition 2 (either parent born in India) represent the principles of jus soli and jus sanguinis respectively. Condition 3 (ordinary resident for five years) was a transitionary provision for those living in India leading up to independence. Because the question asks which conditions can provide citizenship, and all three are explicitly mentioned in the Constitution as valid pathways, the correct choice is (A) 1, 2 and 3. Each statement serves as a legitimate, independent trigger for citizenship when combined with domicile.

UPSC often uses partial truth traps like options (B) and (C) to see if you will settle for an incomplete list. The most common pitfall here is Option (D); students often get confused between the legal logic (where you only need one condition to qualify) and the factual validity of the statements. Since the question asks which conditions are valid, you must select the option that includes all three. Remember, in Indian polity, citizenship can be acquired by Birth, Descent, Registration, Naturalization, or Incorporation of Territory, and these three conditions formed the very first set of rules for the new Republic.