CITIZENSHIP

Start music   Dec 27 2016 || 6:27 PM

Part II, Articles 5-11

Indian Constitution though federal provides for a single citizenship.

It only identifies the persons who became citizens of India at its commencement i.e., on 26th Jan 1950. It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement.

Parliament is empowered to enact a law to provide for such matters and any other matter relating to citizenship. à Citizenship Act 1955 and has been amended subsequently

CONSTITUTION

PROVISIONS

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p>Art 5

A person domicile in India and born in India/either parents born in India/ordinarily resident for 5 years immediately before the commencement of the Constitution

Art 6

Migrated to India from Pakistan or parents or grandparents born in undivided India before July 19, 1948 or registered as a citizen of India after the given date

Art 7

Migrated to Pakistan from India after Mar 1, 1947 but later returned to India

Art 8

Person/Parents/Grandparents born in undivided India but ordinarily resident outside India registered as Indian citizen by diplomatic or consular representative of India

Art 9

Not a citizen if voluntarily acquired citizenship of any foreign country

Art 10

Person continues to be citizen by provisions of any law made by Parliament

Art 11

Parliament has the power to make any provisions with respect to the acquisition and termination of citizenship and other related matters

 

CITIZENSHIP ACT 1955

Acquisition of citizenship(on oath of allegiance) by

  1. Birth – on or after 26th Jan 1950 but before 01st July 1987
  2. Descent – born outside India on or after 26th Jan 1950 but before 10th Dec 1992; from 3rd Dec 2004 need to register within 1 yr at an Indian consulate or permission of the central Government
  3. Registration – Conditions for applying
    1. Indian origin – ordinarily resident for 7 yrs
    2. Ordinarily resident outside undivided India
    3. Married to Indian citizen and ordinarily resident for 7 yrs
    4. Minor children of Indian citizens
    5. Of full age and capacity whose parents are registered as Indian citizens
    6. Person whose parents were Indian citizens and has been resident for 1 year
    7. Registered as an overseas citizen of India for 5 yrs and has been residing in India for 1 year
  4. Naturalisation subject to qualifications

This may be waived off by Central government if a person has rendered distinguished service to Science, Philosophy, art, literature, world peace or human progress.

  1. Incorporation of Territory

 

Loss of citizenshipby

  1. Renunciation –Any Indian citizen of full age and capacity can make a declaration renouncing his/her citizenship, when a person renounces his/her citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of 18, he may resume Indian citizenship.
  2. Termination – consciously without duress, undue influence or compulsion
  3. Deprivation – compulsory termination by central government if
    1. Citizenship was obtained by fraud
    2. Citizen unlawfully traded or communicated with enemy during a war
    3. Citizen has shown disloyalty to Indian Constitution
    4. Citizen has been imprisoned for 2 yrs within 5 yrs after registration or naturalization
    5. Citizen ordinarily resident outside India for continuous 7 yrs

 

Though there is general absence of discrimination, there are some exceptions:

  • By Art 16, Parliament can prescribe residence within a state or union territory as a condition for certain employments or appointments.
  • The state, by Art 15, may discriminate on the grounds of residence.
  • By Art 19, interests of scheduled tribes are protected that includes freedom of movement and residence.
  • J&K state legislature is empowered to define persons who are permanent residents of the state and confer special rights and privileges.

 

Recent developments:

  • OCI and POI has been merged.
  • Citizenship (amendment) Bill 2016