Scribd
Upload
11 views4 pages

citizenship

Citizenship in India is defined by the relationship between individuals and the state, governed by Articles 5-11 of the Constitution and the Citizenship Act of 1955. It can be acquired through various means such as birth, descent, registration, naturalization, and incorporation of territory, while termination can occur through renunciation, adoption of foreign citizenship, or deprivation by the government. The principles of 'jus soli' and 'jus sanguinis' guide the citizenship laws, with India primarily following the latter.

Uploaded by

prejith12p
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
11 views4 pages

citizenship

Citizenship in India is defined by the relationship between individuals and the state, governed by Articles 5-11 of the Constitution and the Citizenship Act of 1955. It can be acquired through various means such as birth, descent, registration, naturalization, and incorporation of territory, while termination can occur through renunciation, adoption of foreign citizenship, or deprivation by the government. The principles of 'jus soli' and 'jus sanguinis' guide the citizenship laws, with India primarily following the latter.

Uploaded by

prejith12p
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Citizenship

Citizenship signifies the relationship between individual and state.

There are two well-known principles for the grant of citizenship:

‘jus soli’ confers citizenship on the basis of place of birth,

‘jus sanguinis’ Gives recognition to blood ties

In India, Articles 5 – 11 of the Constitution deals with the concept of


citizenship

Citizenship Act of 1955 is the fundamental law governing the acquisition and
termination of Indian citizenship

Like any other modern state, India has two kinds of people—citizens and
aliens.

Citizens are full members of the Indian State and owe allegiance to it. They
enjoy all Civil and political rights

Aliens are citizens of some other state and hence they don’t enjoy civil &
Political Rights . There are 2 types of aliens

Friendly Alien ,: The citizens of those nations that have friendly relations with
India are friendly aliens.

Enemy Alien : The country is at war with India its citizens as enemy aliens.
Compared to friendly aliens, they are granted fewer rights For Eg: They don’t
enjoy protection against arrest and detension ( Article 22)

Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the
Constitution, i.e. 26th January 1950.

Under this, citizenship is conferred upon those persons who have their
domicile in Indian territory and –

 Who was born in Indian territory; or


 Whose either parent was born in Indian territory; or
 Who has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated from


Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at the
time of the commencement of the Constitution if –

 He or either of his parents or any of his grandparents was born in India


as given in the Government of India Act of 1935

(a) in case such a person has migrated before July 19 th, 1948 and
has been ordinarily resident in India since his migration, or

(b) in case such as a person has migrated after July 19 th, 1948
and he has been registered as a citizen of India by an officer
appointed in that behalf by the government of the Dominion of
India on an application made by him thereof to such an officer
before the commencement of the Constitution, provided that no
person shall be so registered unless he has been resident in India
for at least 6 months immediately preceding the date of his
application.

Article 7: Citizenship of certain migrants to Pakistan

 This article deals with the rights of people who had migrated to
Pakistan after March 1, 1947, but subsequently returned to India.

Article 8: Citizenship of certain persons of Indian origin residing


outside India

 This article deals with the rights of people of Indian origin residing
outside India for purposes of employment, marriage, and education.

Article 9

 People voluntarily acquiring citizenship of a foreign country will not be


citizens of India.

Article 10

 Any person who is considered a citizen of India under any of the


provisions of this Part shall continue to be citizens and will also be
subject to any law made by the Parliament.

Article 11

 Parliament has the right to make any provision concerning the


acquisition and termination of citizenship and any other matter relating
to citizenship.
CITIZENSHIP OF INDIA CONSTITUTIONAL PROVISIONS

 Citizenship in India is governed by Articles 5 – 11 (Part II) of the


Constitution.

Citizenship Act, 1955

 Citizenship Act, 1955 is the legislation dealing with citizenship.


 This has been amended by
1. Citizenship (Amendment) Act 1986,
2. Citizenship (Amendment) Act 1992,
3. Citizenship (Amendment) Act 2003,
4. Citizenship (Amendment) Act, 2005.
 Nationality in India mostly follows the jus sanguinis (citizenship by right
of blood) and not jus soli (citizenship by right of birth within the
territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

 Citizenship at the commencement of the Constitution


 Citizenship by birth
o Born in India on or after 26th January 1950 but before 1st July
1987 – automatically a citizen.
o Born between 1st July 1987 and 2nd December 2004 – a citizen if
one parent is an Indian citizen.
o Born on or after 3rd December 2004 – a citizen if one parent is an
Indian citizen and the other is not an illegal migrant.
 Citizenship by descent
o Born outside India to an Indian citizen parent, subject to
registration with an Indian consulate within one year.
 Citizenship by registration
 Citizenship by naturalization
 By incorporation of territory (by the Government of India)

Who can be Indian Citizens

 People who were domiciled in India as on 26 th November 1949


automatically became citizens of India by virtue of citizenship at the
commencement of the Constitution.
 Persons who were born in India on or after 26th January 1950 but before
1st July 1987 are Indian citizens.
 A person born after 1st July 1987 is an Indian citizen if either of the
parents was a citizen of India at the time of birth.
 Persons born after 3rd December 2004 are Indian citizens if both
parents are Indian citizens or if one parent is an Indian citizen and the
other is not an illegal migrant at the time of birth.
 Citizenship by birth is not applicable for children of foreign diplomatic
personnel and those of enemy aliens.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

 Renunciation: If any citizen of India who is also a national of another


country renounces his Indian citizenship through a declaration in the
prescribed manner, he ceases to be an Indian citizen. When a male
person ceases to be a citizen of India, every minor child of his also
ceases to be a citizen of India. However, such a child may within one
year after attaining full age become an Indian citizen by making a
declaration of his intention to resume Indian citizenship.
 Termination: Indian citizenship can be terminated if a citizen knowingly
or voluntarily adopts the citizenship of any foreign country.
 Deprivation: The government of India can deprive a person of his
citizenship in some cases. But this is not applicable for all citizens. It is
applicable only in the case of citizens who have acquired the
citizenship by registration, naturalization, or only by Article 5 Clause ©
(which is citizenship at commencement for a domicile in India and who
has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution).

You might also like