6

CITIZENSHIP
(ARTICLES 5-11)
Meaning of
Citizens and aliens.Citizenship.-The population of State is divided into two
A citizen of a State
richts, Citizens are different from aliens iswhoa person who enjoys full civil classes
do and political
carries with it certain advantages conferred by the not enjoy all these rights. Citizenship
Constitution. Aliens do not
advantages. The following fundamental rights are available enjoy these
only to citizens
(1) The right not to be discriminated
race, caste, against any citizen on
place of birth (Article 15).
sex or grounds of religion,
(2) The right to equality of opportunity in the matter of
16). public employment (Article
(3) The right to six freedoms enumerated in Article
19, i.e., freedom of speech and
expression; assembly; association; movement; residence: profession.
(4) Cultural and educational rights conferred by Articles 29 and
30.
(5) There are certain offices under the Constitution which can be
citizens only e.g., office of the President [Article 58 occupied by
(1)(a)]; Vice-President [Article 66
(3)(a)]; Judges of the Supreme Court [Article 124 (3)] or of a High Court
(2)]; Attorney-General [Article 76 (1)]; Governor of a State [Article 157];[Article
217
Advocate-
General of a State [Article 165]
(6) The right to vote for election to the House of the People and the Legislative
Assemblies of States is available to the citizens only and only they can become members
of the Union and the State Legislatures.

Constitutional Provisions.-The Constitution does not lay down a permanent or

comprehensive provision relating to citizenship in India. Part II of the Constitution
simply describes classes of persons who would be deemed to be the citizens of India at the
commencement of the Constitution, the 26th January, 1950, and leaves the entire law of
the citizenship to be regulated by law made by Parliament. Article 11 expressly confers
power on Parliament to make laws to provide for such matters. In exercise of its power
the Parliament has enacted the Indian Citizenship Act, 1955. This Act provides for the
acquisition and termination of citizenship subsequent to the commencement of the
Constitution.
Citizenship at the commencement of the Constitution, i.e., January 26,
8 of the Constitution of India shall
1950.-The following persons under Articles 5 to
become citizens of India at the commencement of the Constitution:

Citizenship by domicile (Article 5).

(45)
 [CHAP.6

CONSTITUTIONAL LAW OF INDIA

46
from Pakistan (Article 6).
2. Citizenship of emigrants
to Pakistan (Article 7).
3. Citizenship of migrants
4. Citizenship of Indians abroad (Article 8).
to Article "stly. he
5).-According
(1) Citizenship by Domicile (Article of
entitled to citizenship by domicile if he fulfils the following two condition territory
that
must, at the commencement
of the Consitution, have his domicile in t down in
in India,
such person must fulfil any one of the three conditions l i n (3)
India. Secondly,
Article, namely, (1) he was born in India, (2) either of his parents was bo than years
territory of India for not
less i
ne must have been ordinarily resident in thethe Constitution.
immediately before the commencement of
Domicile in India is considered an essential requirement
for acquiring tre ua
ne

But the term 'domicile' is not definedin the Constitutro

ndian Citizenship. he either has or is deemed by lav
domicile of a person is in that country in which 'residence. ReSIdence
house. There is distinction between 'domicile' and
s permanent It must be accompanied by
one in a sufficient to constitute the domicile.
place is not Tor the
n e intention to make it his permanent home. But it
is basically a legal concept
individual, and even if
determining what is the personal law applicable to an
purpose of
an individual has no permanent home, he is invested with
a domicile by law.

and domicile of
viz., domicile of origin
here are two main classes of domicile birth, the latter is acquired by
choice. While the former attaches to the individual by with the intention to reside
Tresidence in territory subject to a distinctive legal system, Court has held that
there permanently. In Pradeep Jain v. Union of India, the Supreme
in India Article 5 recognises only one domicile viz., domicile of India. It does not

recognisethe notion of State domicile. When a who is permanently resident in one

person
State goes to another State with intention to reside there permanently or indefinitely. his
domicile, does not change and he does not acquire a new domicile of choice. India is not a
federal State in the traditional sense of the term. It has only one citizenship viz., the
Citizenship of India. It has also one single unified legal system applicable throughout the
country. The concept of 'domicile' has relevance to the applicability of municipal laws
whether made by the Union of India or by the States.
Two elements are necessary for the existence of domicile ilt boa oo
) a residence of a particular kind, and
(ii) an intention of a particular kind.
The residence need not be continuous but it must be
indefinite, not purely fleeing
The intention must be a permanent intention to reside for
ever in the country where the
residence has been taken up. Domicile is not the same
in a place is not sufficient to constitute
thing as residence. Mere residence
domicile. It must be accompanied by the
intention to make it his permanent home.
Thus, there must be both the factum and
animus to constitute the existence of domicile for
neither domicile nor mere residence is
sufficient to make him an Indian citizen. Domicile
are necessary to make a
accompanied with five years' residence
person a citizen. Thus a person born in Goa of Goan
to Bombay in his
boyhood, was educated there, had resided there, since thenparents
and
canc
did nd
father's business there. He was held to be an Indian citizen
by domicile.
I. AIR 1984 SC 142: (1984) 3 SCC 654.
2. Michael v. State of
Bombay, AIR 1956 Bom. 729.
 CITIZENSHIP
CHAP. 6] 47
In Mohammad Raza v. State of Bombay,' the appellant came to India in 1938, He
pilgrimage to Iraq in 1945. On return, he was registered as a foreigner and several
went stay in India was extended. In 1957 his request to extend the stay period was
ued. He contended that hemust be regarded as a citizen of India under Article 5, but his
refused
eal was dismisse The Court held hat though he was original resident, he did not
apauire Indian citizenship because he did not havea domicile in India. When the appellant
otrned from Iraq, he took over the job of a cashier in a hotel. That by itself was held
ncufficient to establish that there was a change in his mind of the kind necessary to
acauire a new domicile. His application for extending his stay in India made from time to
timefortified this conclusion. The domicile of choice continues until the former domicile
resumed or another has been
acquired.
has been
In Louis De Raedt v. Union of India, the petitioners, who were foreign nationals
challenged the order of the Central Government expelling them from India on their failure
to acquire Indian Citizenship. The petitioners came to India before Independence and were
staying continuously on the basis of foreign passport and residential permits. They were
engaged in Christian missionary work. They contended that they became citizens of India
byvirtue of Article 5 (c) of the Constitution as they were staying in India for more than 5
vears immediately before the commencement of the Constitution. The Court held that
ihey failed to establish that they had an intention to reside in India permanently. The
petitioners did not have their domicile in India. For the acquisition of a domicile of
choice, it must be shown that the person concerned had a certain state of mind, the
animus manendi. If he claims that he had acquired a new domicile a particular time he
must prove that he had formed the 'intention of making his permanent home in the
is
country of residence'. Residence alone, unaccompanied by this state of mind.
insuficieat. Domicile of origin is lost only on acquisition of domicile of choice and not
on mere continuous stay in other country.
A minor or married woman is not independent person. Neither of these classes has
the legal capacity to make a change of domicile. Therefore, the domicile of an infant
woman takes the domicile
generally follows the domicile of his father,3 whilehera married
husband until changed by her own
of husband." A widow retains the domicile of
her
act.
It can be
Intention is an important element in determining the domicile of a person.
Government service, who was
inferred from the conduct of persons. Thus a person in
who opted for Pakistan, actually went to
given the choice for opting for India or Pakistan,
but who subsequently resigned
Pakistan, served there under the Government of Pakistan,
Article 5 for he never became
his job there and came to India cannot claim the benefit of
the citizen of India.6
Pakistan (Article 6).-Persons
(2) Citizenship of Migrants to India fromclassified into two categories for the
who have migrated from Pakistan to India have been
who came to India before July 19, 1948; and (ii)
purpose of citizenship, i.e., i) those
those who came on or after July 19, 1948.
to India from Pakistan shall be
Article 6 provides that a person who has migrated
of the Constitution, i.e., on 26th
deemed to be a citizen of India at the commencement

. AIR 1956 SC 1436.

2. (1991) 3 SCC 554.
S. Naziranbai v. State of M.P., AIR 1957 MB 1: Sharafat v. State of U.P., AIR 1960 All. 637.
4. Karimunissa v. State of M.P., AIR 1955 Nag. 6.
5. Prakash v. Shahni, AIR 1956 J & K 83.

6 Aslam Khan v. Fazal Khan. AIR 1959 All. 79.

 or any of his grandparem
n a o

either of his parents to above con

January, 1950, if he or
Act, 1935, and in addition
G o v e r n m e n t of
India
two conditions
e d in the
ermit
one ofthe following
wnich applies in both cases
fulfils
date on which the p
before July 19, 1948 (the
in case he migrated
to India
been ordinarily residing in ind
() introduced) he has
stem for such migration was c i t i z e n of
the date of his migration; or
gistered as
1948 he has been registe:
or after July 19,
case he migrated
on
in for the purpose residing in India
(1) officer appointed by the Government of India
in indla
ndia by an unless he has been
residing
r e g i s t r a t i o n . If
shall be so registered for
Provided that no person plication
far a
the date of his
for at least six months immediately before be deemed to be a citizen
of Inala.
a person
shall 7 a
satisfied,
uc above conditions are 7).-Under Article
Pakistan (Article has
citizen if he
itizenship of Migrants of (Article 6) to be a eases

citizen by domicile (Article 5) by

or migration makes an exception,
The proviso to Article 7
1947. resettlement in
after March 1,
grated to Pakistan India on the basis of permit for
who has returned to fulfils other conditions
VOur or person
a
become a citizen of India if he
ndia. Such a entitled to
person is 6. He can
under Article
from Pakistan after July 19, 1948, Irom
ecessary for immigrants manner as a person migrating
citizen of India in the
same
Tegister himself as
Pakistan after July 19, 1948.
the term
Both Articles 6 and 7
use
Article 7 thus overrides Articles 5
and 6.
consideration before the Supreme
'migrated' came for
of the term
migrated. The meaning to the Court the
term 'migrated used in
Court in Kulathi v. State of Kerala.2 According and purpose and the
reference to the context
Articles 6 and 7 has to be construed with enacted. So
condition at the time the Constitution was being
prevailing political voluntarily going from India
interpreted, the word 'migrated' could mean nothing except
held that the word migrate' was
to Pakistan permanently or temporarily. The majority
to another with the qualification
that
used in a wider sense of moving from one country
such movement was not for a short visit or for a special purpose.
to or has gone to
Thus, it is a question of fact whether a person has migrated
and circumstances
Pakistan on a temporary visit only and has to be decided on the facts
and not where
of each case." Citizenship comes to an end only when there is a migration
notion
there was only a temporary visit. But in the context of the Constitution, it has the
of transference of allegiance from India to Pakistan. A temporary visit on business or
otherwise cannot amount to migration.4
In State of Bihar v. Kumar Amar Singh," one Kumar Rani, who was admittedly
born in the territory of India and claimed to be the lawfully wedded wife of an Indian
citizen whose domicile was India at all material times, left India for Pakistan in July
1948, returned to India in December, 1948 on a temporary permit and went back to
Pakistan in April 1949. On May 14, 1953 she came back to India under permanent permit

1. State of Bihar v. Kumar Amar Singh, AIR 1955 SC 282.

2. AIR 1967 SC 1614, followed in Mashkurul Hassan v. Union of India. AIR 1967 SC 565. It should be
noted that the Supreme Courthas in this case overruled its earlier decision in Smt. Shanno Devi
Mangal Sain, AIR 1961 SC 58, in which it was held that the word 'migrated' meant going from one
place to another with the intention of permanently residing in the latter place.
3. Union of India, AIR 1958 55
Nisar v
SC 282.
Raj. 65, See also State of Bihar v. Kumar Amar Singh, AIR19
4 Ataur Rehman v. State of M.P., AIR 1951 Nag. 44.
5. AIR 1955 SC 282.
 CITIZENSHIP
CHAP. 6] 49
. High Commissioner for lndia in Pakistan, which was cancelled on July 12.
obtainedfrom
it was wrongly issued without the concurrence of the Government as
eca
1950, t h e rules made under the Intlux form Pakistan (Control) Act, 1949, She
required by
first that she had never ceased to be a citizen of India because she was born in
contended fi
domicile was the domicile of her husband who was an Indian and
domicile
and her
India she was a citizen ofIndia. She contended, alternatively that the proviso to
to her since she had returned to India on a
consequently

e 7 applied permanent permit and the

ATatient cancellation of the permit was illegal and irrelevant. It was held that "there
Sud he no doubt that the lady must be held to have migrated from the territory of India
coudMarch, 1947, although her husband stayed in India, but she could not prove that
afto
went to Pakistan for a temporary purpose. The Supreme Court observed: "Article 7
she
leatly overrides Article 5. It is pre-emptory in its scope and makes no exception for such
ase, i.e, of the wife migrating to Pakistan leaving her husband in India'"
In Bhawanrao Khan v. Union of India, the Supreme Court has held that those who
had voluntarily migrated to Pakistan and became citizens of Pakistan cannot claim the
eitizenship of India on the ground that they had been living in India for a long time and
their names have been included in the voters list. In this case, a lady Bhanwaroo Khan had
claimed Indian citizenship on the ground that she had returned to India in 1955 and had
been living here since then. The Court held that "a foreign lady cannot claim Indian
citizenship merely on the ground of long stay and inclusion of her name in the voters
list".
(4) Citizenship of persons of Indian origin residing outside India-Article
8 provides that any person or either of whose parents or any of those grand-parents was
born in India as defined in the Government of India Act, 1935, and who is ordinarily
residing in any country outside India, shall be deemed to be a citizen of India as if he has
teen registered as a citizen of India by the Diplomatic or Consular representatives of
India in the country where he is for the time being residing-on application made by him
to such diplomatic or consular representative, whether before or after 26th January. 1950,
in the form and manner prescribed by the Government of the Dominion of India or
Government of India. Article 8 confers citizenship on Indian nationals residing abroad on
their complying with its provisions.
Persons voluntarily acquiring citizenship of a foreign State not to be
Citizens.Article 9 provides that if a person voluntarily acquires the citizenship of any
5, 6 and 8. It
foreign State he shall not be able to claim citizenship of India under Articles
State before the
of foreign
deals only with voluntary acquisition of citizenship a

Constitution came into force. Cases of voluntary acquisition of awith foreign citizenship
will have to be dealt the Government
Derore the commencement of the Constitution
of India under the Citizenship Act of 1955.
Continuance of the rights of citizenship.-Article 10 provides that every

peTson who is or is deemed to be a citizen of India under any of the foregoing provisions
to the provisions of any law that
COntinue to bea citizen of India subject, however,
may be made by Parliament.

regulate the right of citizenship by law.-According

to
Parliament to
Articles 5 to 10 shall derogate from
t , nothing in the foregoing provisions i.e., with
pOwer of Parliament to make any provision respect to the acquisition and
mination of citizenship and all other matters relating to citizenship.

I. AIR 2002 SC 1614.

50 cONSTITUTIONAL LAW OF INDIA
CHAP 6
In Ebrahim Wazir v. State of Bombay,' the constitutional validity of Influv
Pakistan (Control) Act, 1949, was involved. This Act provides that no person d ro
in
IndiaIndia Pakistana shall enter
or without India from Pakistan without a permit. IfCiled
enters permit
he commits an offence
punishable under the Act.
Act. Sorn
Section 7
of the Act authorises the Central Government to direct the removal
from Indin
person who has committed, or against whom a reasonable suspicio of
ion
committed an offence under the Act. The Supreme Court held that exists that he
any
vires of Parliament because to allow the forcible removal of an Section 7 wa s
Indian citizen fro
would be tantamount to destroying the right of
citizenship conferred by Part 2 e
Constitution. The right of citizenship, the Court said, could
recourse to Article 11 of the Constitution. Thus, in only be taken awa the
express law madby
absence of any
under Article 11, the right of
different purpose.
citizenship cannot be destroyed
by an Act made for
or a
Citizenship under the Citizenship Act,
power given to it under Article Il of the 1955.-Parliament, the in exercise of
1955, making provisions for Constitution,
passed has the
acquisition and termination of Citizenship Act
commencement of the Constitution. The provisions of this Act citizenship after the
Overseas Citizen of India
are as
follows:
substituted by the Amendment Card-holder.-Under clause (ee) of
means a
Act 1 of 2015, "Overseas Citizen of India Section 2 as
person registered
Government under Section 7-A.
as an Overseas Citizen of India Card-holder"
Card-holder by the Central
Citizenship by birth
(Section 3).-Section 3 (1)
provided in sub-section (2)
every person born in India (a) on provides that except
as
but before 1st or after 26th
the
July, 1987 (b) on or after Ist
July, 1987 but January, 1950
Citizenship (Amendment) Act, 2003 before the
at the time of his birth and either of whose commencement
of
parents is a citizen of India
(c)
on or after the
Act, 2003 where (i) both of his commencement of the
1S a citizen of India parents are citizens of India, or Citizenship (Amendment)
(ii) one of whose parents
and other is not an
citizen of India by birth. illegal migrant at the time of his birth, shall
be a
A
persou shall not be a citizen of India
his birth (a) either his father or by virtue of this section, if at the time
mother, possesses such immunity from suits
o
process is accorded to an envoy of a
as
of India and
he or she, as the case foreign sovereign power accredited to the and
mother is an enemy alien. may be, is no: citizen of India, or Fresi
(b) his tatner ad

Citizenship by descent (Section

4).-According to sub-section (1) of dc
a person born outside India shall
be citizen of India h
January, 1950 but before 10th of December, 1992 if by descent-(a) on or at the
ume of his birth, or (b) on or after 10th day of his father is a citizen of inu
a citizen of IS
India at the time of his birth. December, 1992 if either of his pai
Provided that if the father
by descent only, of a person referred to in clause (a) as aa citizen of India
that person shall not
be a citizen of India by
was
uness (a) his birth is vitu
Or tne commencementregistered
urrence
at the Indian Consulate within one
of this Act, year
Central Government, whichever is later, or with the pet
his rents
after the expiry of is at
the time of his
birth, in service under the said period, or
(o c
Government in India.

I. AIR 1952 SC 229.

 CHAP. 6] CITIZENSHIP
51
Provided also that on or after the commencement of the Citizenship (Amendment)
Act. 2003, a person shall not be a citizen of India by virtue of this section unless his
ieth is registered at an Indian Consulate in such form and manner as may be prescribed (i)
within one year of its occurrence or the commencement of the Citizenship (Amendment)
Act 2003 whichever is later or (i) with the permission of the Central Government, after
of the said period.
the expiry
unless the parents of such person declare that
But no such birth shall be registered
not hold the passport of another country. A minor who is citizen of India
the minor does cease to be citizen of
section and is also citizen of another country shall
by virtue of this
the citizenship of another country within six months of
India if he does not renounce
full age.
his attaining
5).-Under Section 5 (1) the prescribed
Citizenship by Registration (Section not being an illegal
a citizen of India any person
on application register other
authority may
virtue of the Constitution or of any
is not already such citizen by
migrant who
to any of the following
categories-(a) a person of
provisions of this Act if he belongs
India for seven years before making
an
who is ordinarily resident of resident in
Indjan origin who is ordinarily any
for registration; (b) a person of Indian origin is marTied to a citizen of India
application a person who
outside undivided India; (c) an application
for
country or place India for seven years before making
full
resident of a person of
and is ordinarily who are citizens of India; (e)
minor children of persons
India under clause (a) of this
registration; (d) are registered as citizens of
who, or
whose parents full age and capacity
age and capacity sub-section () of
Section 6; (f) a person of resident in
sub-section or India, and is ordinarily
citizen of Independent ) a
was earlier
either of his parents, before making an application
for registration;
of India
months immediately Overseas Citizen
India for twelve who has been registered
as an
before
twelve months
of full age and capacity resident in India for
person and who is ordinarily
Card-holder for five years,
registration.
an application for be ordinarily
deemed to
making applicant shall
be
clauses (a) and (c),
12 months
the period of
an
of throughout
For purposes in India resided in India
India if-(i) he has resided and (ii) he has
resident of for registration; of not less
an application 12 months for a period
before making said period of
immediately
immediately
preceding the
during 8 years Indian origin
than 6 years. deemed to be of
shall be which
a person other territory
of this sub-section, India or in such
For the purposes in undivided
w a s born
of his parents, 1947.
if he, or either 15th day
August,
of Central
India after the provides,-The
became part of 2015
of
the Act 1 after recording
the
as
inserted by exist, may
Section 5 (1A) in clauses (f)
and
circumstances

satisfied that
special months, specified
Government, if it is period of
twelve
maximum of thiry days
relax the (1), upto a
Circumstances in writing, I of
sub-section

Explanation
g a n d clause (i) of
breaks. as a citizen
be in different be registered
which may of full age shall
person
being allegiance in the
form
(2)
provides.-No
taken the oath of
Section 5 until he
has
sub-section (1)
of India under
Schedule.
Second
specified in the

Section 5.
. Explanation I of
Section 5.
2. Fxplanation 2 of
 CONSTITUTIONAL LAW OF INDIA
52 CHAP. 6
Section 5 (3) provides-No person who has renounced, or has been deprived
his Indian citizenship or whose Indian citizenship has terminated, under this A of,
registered as a citizen of India under sub-section (1) except by order of the CeDe
Government. Central
Section 5 (4) provides.-The Central Government may, if satisfied that thera
special circumstances justifying such registration, cause any minor to be registered
citizen of India. as a
Section 5 (5) provides.A person registered under this section shall be a eist.
of India by registration as from the date on which he is so registered; and a n
registered under the provisions of clause (b) (11) of Article 6 or Article 8 of t
Constitution shall be deemed to be a citizen of India by registration as
commencement of the Constitution or the date on which he was so
from th
may be later.
registered, whichev
Section 5 (6) provides.-If
the Central Government is satistied that
exist which render it necessary to grant circumstances
exemption from the residential requirement under
clause (c) of sub-section (1) to any person or a class of
persons, it may, for reasons to be
recorded in writing, grant such exemption.

Citizenship by naturalisation (Section 6).-Where application is made in

an
the prescribed by any person of full age and capacity, "not being an
manner
migrant for the grant of a certificate of naturalization to him, the Central illegal
if
may, satisfied that the applicant is qualified for naturalization, under Governaient
the provisions of
Third Schedule grant him a certificate
of naturalization:
Provided that, if in the opinion of the Central
Government, the applicant is a
person who has rendered distinguished service to the cause of
literature, world peace or human progress generally, it science, philosophy, art,
may waive all or any of the
conditions specified in the Third Schedule.
The qualifications for naturalization of a person are
(a) that he is not
subject or citizen of any country where citizen of India are
a

prevented by law
or practice of that
country from becoming subjects or citizen
of that country by naturalisation;
(6) that, if he is citizen of any
of that
a
country,2[he undertakes to renounce the Citzenslu
country in the event of his application for Indian Citizenship
accepted]; o
C) that he has either resided in India or been India
in the service of a Governme
or partly the one and partly the other, throughout the period of twelve inths
immediately preceding the date of the application:
[Provided that if the Central Government is satisfied that sSpe
Circumstances exist, it may, after recording the umstances in writing relax
be in
the period
of twelve months upto a maximum of thirty days
different breaks]; wn

1. Substituted by the Citizenship

2. Subs.
(Amendment) Act, 2003. y ln

by Act 6 of 2014, Section 18 for the words "he of that county

the citizenship unciation to
D e

has renounced the

foree in that behalf and has notcu h
accordance with the law therein in
Central Government" (w.e.f. 3-12-2004). s
3 The proviso inserted by Act I of 2015, Section 6
(w.e.f. 6-1-2015)
:
- ei m
 CONSTITUTIONAL LAW OF INDIA
54
CHAP .6
less than two years; or (e) he has been ordinarily residing out of India for ses
for seven years
continuously.
Certificate of Citizenship in case of doubt 1 Section 13].-The
Government may, in such cases as it thinks fit, certify that a person with rece Central
whose citizenship of India a doubt ex ists, is a citizen of India; and a certificate to
under this section shall, unless it is proved that it was obtained by means of frand
representation or concealment of any material fact, be conclusive evidence that nere"aise
such a citizen on the date thereof, but without prejudice to any evidence that he was
a citizen at an earlier date. Such
Disposal of application under 2[Sections 5,6 and 7-Al (Section
prescribed authority or the Central Government may, in its discretion, grant or refuseThe
an
application under S[Sections 5, 6 and 7-A] and shall not be required to assign any reason
for such grant or refusal. sons
(2) Subject to the provisions of Section 15 the decision of the Prescribed Authority
or the Central Government on any such application as aforesaid shall be final and shat
not be called in question in any Court.
[Issue of national identity cards (Section 14-A]-(0) The Central Government
may compulsorily register every citizen of India and issue national identity card to him,.
(2) The Central Government may maintain a National Register of Indian Citizensand
for that purpose establish a National Registration Authority.
(3) On and from the date of commencement of the Citizenship (Amendment) Act,
2003 (6 of 2004), the Registrar-General, India, appointed under sub-section (1) of Section
3 of the Registration of Births and Deaths Act, 1969 (18 of 1969) shall act as the
National Registration Authority and he shall function as the Registrar-General of Citizen
Registration.
(4) The Central Government may appoint such other officers and staff as may
required to assist the Registrar-General of Citizen Registration in discharging
functions and responsibilities.
(5) The procedure to be followed in compulsory registration of the citizens of lndia
shall be such as may be prescribed.]
Revision-Section 15 provides that any person aggrieved by an order made under
this Act by the Prescribed Authority or any offricer or other authority (other than ie
Central Government) may, within a period of thirty days from the date of the order,
an application to the Central Government for a revision of that order butthe
Government may entertain the application after the expiry of the said period thirty
days, on its satisfaction that the applicant was prevented by sufficient cause troation
the application in time. The Central Government shall, after considering the app the
of the aggrieved person and any report thereon which the officer or authoriy d the
it deems
order may submit, make such order in relation to the application as
or a
Government of India
at Indan
This will not apply if he is a student abroad, or is in service of
International Organisation of which India is a member or has registered a
a an

Consulate his intention

to retain his Indian
Citizenship.
2 Subs. by Act 6 of 2004, Section 11, for "Sections 5 and 6'" (w.e.f. 3-12-2004).
3. Ibid
4 Ins. by Section 12, ibid. (w.e.f. 3-12-2004)
 entral 55
decision ofthe Government shall be Tinal. [Section 15 (1), proviso
15 (2)]. to
(1) and
Section Section 15
-Any person aggrieved by an
Review-Any order made
davs from the date of such by the Central Government
order,
.
jthin thirty make an
Che Central Government, on its application for review of may,
such
order. The
satisraction, may entertain an
application
expiry ofthe said period
of thirty after the
days tnat the appiicant was
prevented by sufficient cause
from mak
the application in time. An application for
review of an order
a
of the provisions
of Section 4-A shall be passed in
terms

down under clause

disposed of in the manner
provided for in
the procedure
as laid (ia) ofsub-section (2) of Section
18. The order of
he entral
Government and thedecision on such review shall
be final. (Section 15-A).
Dolec ation of powers. -The Central Government
may delegate any power
red on it by any of the provisions of this Act other than those
conferre
of Section 10 and
ection 18 shall, may specified
Sec
in order, to such officer or authority as may be so
specified. (Section 16).
Offences.,-Knowingly making any false representation by any person for the
nurpose of procuring anything to be done or not to be done under this Act, is punishable
with imprisonment for a term which may extend to five years or with fine which may
extend to fifty thousand rupees or with both. (Section 17)

Power to make rules.,-Section 18 empowers the Central Government to make

of this Act.
rules to carry out the purposes
the
The Citizenship (Amendment) Act, 2019. The Parliament amended
the (Amendment) Act, 2019
Citizenship Act, 1955. The main provisions of Citizenship
are as follows

Insertion of a proviso after clause (d) in sub-section (1) of Section 2.-It

Christian
to Hindu, Sikh, Buddhist, Jain, Parsi or
provides.-"Any person belonging Pakistan, who entered into India on
or

community from Afghanistan, Bangladesh

or
the Central
2014 and who has been exempted by
before the 31st day of December, of the Passport (Entry
of sub-section (2) of section 3
Government by or under clause (c) Act,
from the application of the provisions of the Foreigners
into India) Act, 1920 or for the
made thereunder, shall not be treated as illegal migrant
1946 or any rule or order
purposes of this Act." by covered
as to Citizenship of person
Section 6-B-Special provisions Government or an
Insertion of The Central
proviso to clause (b) of sub-section
(1) of Section 2.-(1)such conditions, restrictions and
to
by it in this behalf may, subject a certificate of
authority specified made in this behalf, grant
prescribed, on an
application clause to
referred to in the proviso
manner as may be to a person
of naturalisation
egistration or certificate
(6) of sub-section (1) of section2. in section 5 or
the
conditions specified
of the Schedule, a person
to fulfilment of the Third
2) Subject naturalisation under the provisions
naturalisation
under
sub-section (1)

uaications for certificate of

or into India.
certificate of registration date of his entry
tne from the
Dlall be deemed to be a
citizen of India (Amendment) Act,
of the Citizenship
of
commencement
in respect of illegal
from the date under this section
( ) On and a person him:
pending against c o n f e r m e n t of
citizenship to
2019 any proceeding stand abated
on
application for
or citizenship shall for making
n be disqualified
shall not
proceeding 1s
pending against him
such person that the
Frovided that on the ground
section
a s h i p under this
 cONSTITUTIONAL LAW OF INDIA
56 CHAP.6
authority specified by it in this behalf shall n o t
reject his
.

the Central Government or

and
application on that ground if he is otherwise found qualifi for grant of citizenship under

this section:
who makes the application for citizench
Provided further that the person
of his rights and privileges to which he wac p under
this section shall not be deprived such
the ground of making application.
the date of receipt of his application on
area of Assam, Meghalava Mi
(4) Nothing in this section shall apply to tribal
or Tripura as included in the Sixth Schedule to the Constitution and the area covered
"The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873,

One citizenship in India.-It should be noted that our Constitution, thos

federal, recognises one citizenship only, that is, the citizenship of India. There i
separate State citizenship. Every citizen has the same rights, privileges and immunitiee
of
citizenship, no matter in what State he resides. In federal States like U.S.A. and
Switzerland, there is a dual citizenship, namely, the citizenship of U.S.A. and the
citizenship of the State where a person is born and permanently resides, and there
are
distinct rights and obligations flowing from the two kinds of citizenship. In India,a
person born or resident in any State can acquire only one citizenship, that is, the
citizenship of India.
A Company or Corporation whether Citizen under Article 19.-Citizenshio
as defined in Part II indicates only natural person and not juristic persons like
corporations. In State Trading Corporation of India v. Commercial Tax Officer,' the
Supreme Court held that company or corporation is not a citizen of India and cannot,
therefore, claim such of the fundamental rights as have been conferred upon citizens. The
citizenship conferred on a citizen by Part II of the Constitution, the Court said,is
concerned only with natural persons and not juristic persons. In this case the State
Trading Corporation was sought to be taxed in respect of sales effected by them in d
course of their business operation. The Corporation contended that its transaction relate
to inter-State sales and was, therefore, exempted from taxation under Article 286 (1). The
impugned tax was, therefore, an infringement of its Fundamental Right under Article 19
(1)g). The Supreme Court, however, held that the State Trading Corporation was not a
citizen and therefore could not claim the right under Article 19 (1)(g). In Tata Engineering
and Locomotive Co. v. State of Bihar,2 in a petition by the company some shareholders
also joined. They argued that though the company was not a citizen but its shareholders
were citizens and if it was shown that all its shareholders were citizens the veil ot
corporate personality might be lifted to protect their fundamental rights. The court rejectea
this argument and held that "if this plea is upheld, it would really mean that what tne
corporations and companies cannot achieve directly can be achieved by them indirectly oy
relying upon the doctrine of lifting the corporate veil."
or
But in the Bank Nationalisation case,3 the Court held that "A measure execut
legislative may impair the right of the company alone, and not of its shareholders t y
impair the rights of the shareholders and not of the company, it may impairthergn he
the shareholders as well as of the
company. Jurisdiction of court to grant ree
denied when by State action, the rights of the individual shareholders d if that
action
are impuiher the
impairs the rights of the company as well. The test in determining whetu

. AIR 1963 SC 184.

2. AIR 1965 SC 40. See also Barium Chemicals Ltd. Board, AIR
v. Company Law 19
3 R.C. Cooper v. Union of India, AlR 1970 SC 564.
 CITIZENSHIP
CHAP. 61
51
is paired is not formal; it is
right of the sharcholders as well asessentially
der's right
of the qualitative, if the State
action i m p a i r s

technical ground, deny itself

company the Court will
nly
upon the protection of Artic jurisdiction t0 grant relief.
19 of the Constitution. The A shareholder
not,
is
entitledto
as citizens are not lost when they associate
Fundamental Rights of
reholders to form a
damental Rights as
shareholders are impaired by State actioncompany.
their
When
riohte a
their
Drotected.
The reason is that the shareholder's rights are
shareho
necessar effected if the rights of the company are effected." equally and

result of the Bank NatonaISalion case, 1s that if the action of the State
The
h t0f the company thereby atfecting the rights of an individual shareholder impairs
the
rion of Article 19 will be available to him. This ruling of the Supreme Court has
protralised much of the adverse effect of the State Trading Corporation case
The Bank Nationalisation case was followed by
the Supreme Court in the
Bennett
Caleman and Co. V. Union of India. In that case, the question was whether the
chareholder, the editor, the printer have right to freedom under Article 19 of the
Constitution. Relying on the Bank Nationalisation case the Court held that the
cotection of Article was available to a shareholder, editor, printer and publisher of
prot
newspaper. The Court said the rights of shareholders with regard to Article 19 ()(a) were
protected and manifested by the newspapers owned and controlled by the shareholders
through the medium of the corporation. The individual rights of speech and expression of
editors, directors and shareholders are all exercised through their newspapers through
which they speak. The press reaches the public through the newspapers. The shareholders
speak through their editor. The locus standi of the shareholders is beyond challenge after
the ruling of the Supreme Court in the Bank Nationalisation case.

In Godhra Electric Co. Ltd. v. State of Gujarat, the Court held that though a
company was not a citizen under Article 19 but a shareholder, a managing director of a
company had right to carry on business through agency of company and if that right was
taken away or abridged he was not disabled from challenging the validity of the provisions
of any Act, which affected his right.
Following Bank Nationalisation and Bennett Coleman cases the Supreme Court
in D.C. & G.M. v. Union of India, has held that writ petition filed by a company
complaining denial of Fundamental Rights guaranteed under Article 19 is maintainable. In
the matter of fundamental freedoms guaranteed by Article 19, Desai, J., held, the right of
which the shareholders have formed are co-extensive and
a shareholder and the company
the denial to one of the fundamental freedoms would be denial to the other. The Judge
pointed out that this is the modern trend and suggested that the controversy on the point
should be put to an end by passing appropriate legislation.

1963 SC 184
Commercial Tax Officer, AlR
StateTrading Corporation of India v.
2. AIR 1973 SC 106.
3. AIR 1975 SC 32.
4 AIR 1983 SC 937