Several offices can also be occupied exclusively by citizens: president (Article 58(1)(a)), vice-president (Article 66(2)), judges of the Supreme Court (Article 124(3)) and high courts (Article 217(2)), governor of a state (Article 157), attorney general (Article 76(1)) and advocate general (Article 165).
Equality before the law or equal protection of the laws within the territory of India (Article 14) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well.
The Indian Constitution doesn’t prescribe a permanent provision relating to citizenship in India. It simply describes categories of persons who are deemed to be citizens of India on the day the Indian Constitution was promulgated on January 26, 1950, and leaves citizenship to be regulated by law made by Parliament. Article 11 of the Constitution confers power on Parliament to make laws regarding citizenship. The Indian Citizenship Act, 1955 was enacted in the exercise of this provision.
By the Citizenship Amendment Act, 2003, Section 3 of the Indian Citizenship Act, 1955 was amended to provide that persons born after December 3, 2004, would be deemed to be citizens of India if both their parents are Indian citizens, or one of their parents is a citizen of India and the other is not an illegal migrant, at the time of the person’s birth.
“Illegal migrant” under the Indian Citizenship Act, 1955 means a foreigner who has entered India: without a valid passport or travel documents; or with a valid passport or travel documents but remained in the country beyond the permitted period of time.
If the Central Government is of the opinion that an applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may, under Section 6, waive all or any conditions specified to attain Indian citizenship.