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The Citizenship is mentioned in Part II of the
Indian Constitution.
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The Citizenship provisions are covered under
articles 5 to 11 of the Indian Constitution.
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The Citizenship provides
v
full political membership in the state
v
permanent allegiance to the state
AND
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Official recognition by the state of his
integration into the political system.
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The citizen pledges loyalty to the state
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The state protects the citizens.
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The Citizenship to an individual also brings
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Rights
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Duties
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Privileges
And
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Obligations
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(All these do not belong to aliens)
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The Public (government) offices are open only to
the citizens.
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Only the citizens are eligible for the offices
of
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The President - (Article 58(1)(a))
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The Vice President - (Article
66(3)(a))
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The Judge of the Supreme Court - (Article 124(3))
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The Judge of a High Court - (Article 217(2))
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The Attorney-General - (Article
76(2))
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The Governor of a State - (Article
157)
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The Advocate-General - (Article
165)
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The right of suffrage (vote) for the election to
the House of the people (Lok sabha) and the Legislative assembly of every state
- (Article 326)
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Right to become a member of Parliament - Article (84)
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Right to become a member of a state legislature
– Article (191(d))
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The citizens are eligible for recruitment to all
public services.
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Only the citizens have the right to vote
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The concept of Citizenship came into existence
since the adoption of the Constitution on November 26, 1949.
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The Constitution of India laid down the law in
regard to who would be the citizens of India at the time of commencement of the
Constitution.
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The Constitution of India has not provided
for the mode of acquisition and termination of citizenship.
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As per Article 11 of the Indian Constitution the
parliament could regulate the right of citizenship by law.
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The Parliament passed the Citizenship Act, 1955 for
acquisition and termination of the Citizenship.
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WHO ARE THE
CITIZENS OF INDIA?
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As per the Article 11 of the Indian citizenship
Act, the Parliament has enacted the Citizenship Act, 1955.
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The Citizenship Act, 1955 has been amended in
1986, 1992, 2003 and 2005.
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The Articles 5 to 8 of the Indian Constitution confers
the citizenship on the people at the time of the commencement of the Indian
Constitution.
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Persons domiciled in India
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Persons migrated from Pakistan
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Persons migrated to Pakistan but later returned
to India
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Persons of Indian origin residing outside India
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Article 5: This provides that a person becomes
entitled to the citizenship of India if,
·
at the commencement of the Constitution he has
his domicile in the territory of India,
Or
·
he or either of his parents were born in India
Or
·
He has been ordinarily resident in the territory
of India for not less than 5 years immediately before the commencement of the
Constitution.
DOMICILE:
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The term
Domicile is not defined in the Indian Constitution.
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Domicile is a
person’s residence where he intends to live on a permanent basis.
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Article 6: This provides for citizenship
rights of migrants from Pakistan before the commencement of the Constitution.
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This provides 2 types of distinctions.
·
The people migrating to India before July 19,
1948
And
·
The people migrating to India after July 19,
1948
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Note: Permit system for migration was introduced
on July 19, 1948.
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A person migrated before July 19, 1948 shall be
deemed to be a citizen of India on the commencement of the Constitution if.
·
The person
Or
·
His parents (born in India as defined by the GOI
Act, 1935)
OR
·
Any of grandparents (born in India as defined by
the GOI Act, 1935)
And
·
Has been ordinarily residing in India since the
date of the migration.
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In case of migration after July 19, 1948
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He should have been registered as a citizen of
India by an officer appointed for the purpose by the government of India.
And
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Has been residing in India for at least 6 months
immediately preceding the date of application.
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Article 7: A person who migrated to Pakistan
from India after March 1, 1947, but later returned to India for resettlement
could become a citizen of India.
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For this the person he had to be the resident of
India for 6 months preceding the date of his application for registration.
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Note: the meaning of Migration mentioned in
Article 7 is the migration before the commencement of the Constitution.
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The person migrating from Pakistan to India, after
January 26, 1950 are governed by the Citizenship Act, 1955.
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Article 8: This Article provides that
·
A person
Or
·
Any of his parents
Or
·
any of his grand parents
·
born in India as defined by the Government of
India Act, 1935
·
but ordinarily residing outside India shall
become a citizen of India if registered as a citizen of India by the diplomatic
representative of India in that country.
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This is with respect to before or after the
commencement of the Constitution of India.
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Article 9: This provides that if a person
voluntarily acquired the citizenship of another country, he shall forfeit the
right of the citizenship of India.
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The above clause is applicable to cases arising
before the commencement of the Indian Constitution.
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Such type of cases arising after the commencement
of the Constitution shall be dealt by the Citizenship Act, 1955.
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Note: whether a person has lost the citizenship
of India after acquiring the Citizenship of the other country is to be decided
by the government of India.
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Article 10: this provides that every person
who is or is deemed to be a citizen of India under any of the provisions in the
articles 5 to 10 shall continue to be a citizen of India.
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This is subject to the provisions of any law
made by the parliament.
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Article 11: This article provides for the
Parliament to enact legislations pertaining to the acquisition and termination
of the citizenship of India.
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The Parliament passes Citizenship Act, 1955
providing for the acquisition and termination of the citizenship.
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The citizenship can be acquired by 5 ways.
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By Birth
v
By Descent
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By Registration
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By Naturalization
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By incorporating a territory
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The citizenship can be terminated in 3 methods.
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Renunciation
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Termination
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Deprivation
ACQUIRING THE CITIZENSHIP OF INDIA:
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BY BIRTH:
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This was amended in the year 1986.
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A person is the citizen of India by birth if
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He is born in India on or after January 26, 1950
but before June 30, 1987
§
OR
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He is born in India on or after July 1, 1987 but
at the time of the birth either of his parents was a citizen of India.
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Note: The children of foreign diplomats posted
in India and enemy aliens cannot acquire the Indian citizenship by birth.
BY DESCENT:
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A person born outside India was entitled to
Indian citizenship if his father was an India citizen.
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NOTE: Not Mother
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This was amended in the year 1992.
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A person born outside India on or after January
26, 1950 is a citizen of India by descent if, at the time of his birth either of his parents was an Indian
citizen.
BY REGISTRATION:
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Certain categories of persons can be registered
as Indian citizens.
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Persons of Indian origin who are ordinarily
resident in India for 5 years immediately before making an application for
registration
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Persons of Indian origin who are ordinarily
resident in any country or place outside India
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Persons who are married to citizens of India and
who are ordinarily resident in India for 5 years immediately before making an
application for registration
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Minor children of persons who are citizens of
India
And
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Persons who are citizens of commonwealth
countries
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(Note: The period of acquisition of citizenship
by registration was increased from 6 months to five years).
BY NATURALIZATION:
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A foreigner can acquire the citizenship of India
by naturalization if
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He renounces the citizenship of other country
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He is of good character
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He has an adequate knowledge of a language
mentioned in the 8th schedule of the Indian Constitution
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He is not a citizen of a country where Indian
citizens cannot become naturalized citizens
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The government can waive all above conditions if
a person has rendered distinguished service to the science, art, literature,
world peace or human progress.
BY INCORPORATION OF TERRITORY:
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If any foreign territory becomes a part of
India, then the government specifies through notification that the people of
that territory shall be the citizens of India.
HOW THE CITIZENSHIP IS LOST?
BY RENUNCIATION:
ü This is a voluntary act by which a
person holding the citizenship of India as well as that of another country may
give up one of them.
ü When a person renounces the
citizenship every minor child of his ceases to be an Indian citizen
ü But, the child within one year after
attaining 18 years of age may resume Indian citizenship.
BY TERMINATION:
ü When an Indian citizen acquires the
citizenship of other country voluntarily, the Indian citizenship is
automatically terminated.
BY DEPRIVATION:
ü This is a compulsory termination of
the Indian citizenship by the central government if
ü The citizen has obtained the
citizenship by fraud
Or
ü The citizen has shown the disloyalty
to the constitution of India
Or
ü The citizen has unlawfully traded or
communicated with the enemy during a war
Or
ü The citizen has, within 5 years of
registration or naturalization been imprisoned in any country for 2 years
Or
ü The citizen has been ordinarily
resident out of India for 7 years continuously.
ü NOTE: This is not applicable to students
and employees who are serving in the international organizations. If a person
registers annually at the Indian consulate his intention to retain the Indian
citizenship.
MISCELLANEOUS:
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The Constitution avoided the dual citizenship.
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There is only once citizenship related to the
domicile in the territory of whole India and not in a part of the country.
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Note: In US there is dual citizenship.
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The Citizenship act of 1955 provided for the
Commonwealth Citizenships. But this provision was repealed by the Citizenship
(Amendment) Act, 2003.
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The PIO (Person of Indian Origin) card entitles
a person to visit India without a visa.
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