Citizenship and Residence in India

Citizenship is formal membership of the Indian political community and carries rights reserved for citizens. Residence describes a person's connection with a place under a particular law, while domicile generally also requires an intention to make that place one's permanent home. Residence, domicile, a visa or permission to stay does not by itself confer Indian citizenship.

Citizenship framework

Articles 5-10 determined citizenship at the Constitution's commencement, while Article 11 empowers Parliament to regulate its acquisition and termination. The Citizenship Act, 1955 provides citizenship by birth, descent, registration, naturalisation and incorporation of territory, subject to statutory conditions.

• Residence in India does not by itself make a foreign national an Indian citizen.
• Citizens may live outside India without automatically losing citizenship, subject to the Citizenship Act.

Right to reside and settle

Under Article 19(1)(e), every Indian citizen has the right to reside and settle in any part of the territory of India. Foreign nationals cannot claim this right merely because they reside lawfully in India or hold a visa.

• Under Article 19(5), the State may impose reasonable restrictions in the interests of the general public or for protecting the interests of any Scheduled Tribe.
• Under Section 9 of the Aadhaar Act, 2016, an Aadhaar number is not proof of citizenship or domicile.

Residence in electoral registration

Electoral law requires both citizenship and the relevant residential connection. Under Article 326, adult suffrage applies to citizens, subject to lawful disqualifications, including those concerning non-residence.

• Under Section 16 of the Representation of the People Act, 1950, a non-citizen is disqualified from registration in an electoral roll.
• Under Section 19, an eligible person must be ordinarily resident in the constituency and at least 18 years old on the qualifying date.
• Under Section 20, owning or possessing a dwelling alone does not establish ordinary residence, while temporary absence does not necessarily end it.