Citizenship and Residence in India

Citizenship is formal membership of the Indian political community, carrying the legal status and political rights reserved for citizens. Residence is a person's factual or legally defined connection with a place; it may determine eligibility under a particular law but does not itself establish citizenship.

Constitutional and statutory basis

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

Why residence is different

Residence indicates where a person lives or has the connection prescribed by a particular law. Its duration and consequences vary across electoral, taxation, welfare and other laws.

• 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.
• Domicile is also distinct from mere residence because it generally combines permanent residence with an intention to make that place one's permanent home.
• Under Section 9 of the Aadhaar Act, 2016, an Aadhaar number is not proof of citizenship or domicile.

Application to 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.