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Introduction

The document outlines the concept of citizenship in India as defined by Articles 5 to 11 of the Constitution and the Citizenship Act of 1955. It details the criteria for acquiring Indian citizenship, including birth, descent, registration, and naturalization, as well as the conditions under which citizenship can be terminated. Additionally, it specifies the rights of certain migrants and the Parliament's authority to regulate citizenship laws.

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10 views

Introduction

The document outlines the concept of citizenship in India as defined by Articles 5 to 11 of the Constitution and the Citizenship Act of 1955. It details the criteria for acquiring Indian citizenship, including birth, descent, registration, and naturalization, as well as the conditions under which citizenship can be terminated. Additionally, it specifies the rights of certain migrants and the Parliament's authority to regulate citizenship laws.

Uploaded by

diptiofiicial23
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Introduction

Citizenship is the status of a person recognized under law


as being a legal member of a sovereign state or belonging
to a nation. In India, Articles 5 – 11 of the Constitution
deals with the concept of citizenship. The term citizenship
entails the enjoyment of full membership of any State in
which a citizen has civil and political rights.

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 –

1. Who was born in Indian territory; or


2. Whose either parent was born in Indian territory; or
3. 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 –

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

(b) in case such as a person has migrated after July 19th,


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 to regulate the right of

citizenship by law

The Parliament has the right to make any provision


concerning the acquisition and termination of citizenship
and any other matter relating to citizenship.

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution


2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
6. By incorporation of territory (by the Government of
India)

 People who were domiciled in India as on 26th


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
Renunciation:
A citizen of India can voluntarily renounce their
citizenship by making a declaration in the prescribed
manner. This declaration must be registered by the
designated authority, and upon registration, the person
ceases to be an Indian citizen.
Acquisition of foreign citizenship:
Under the Citizenship Act of 1955, an Indian citizen who
voluntarily acquires the citizenship of another country,
through naturalization, registration, or any other means,
automatically loses their Indian citizenship.
Deprivation:
The Government of India can deprive an Indian citizen of
their citizenship if it's determined that the citizen has
engaged in certain actions, such as:
Voluntarily acquiring the citizenship of another country.

Engaging in acts of disloyalty or treason.

Participating in illegal trade or communication with an


enemy during wartime.
Being imprisoned in another country for at least two
years within five years of becoming a citizen.

Being a resident of another country for a continuous


period of seven years.

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