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CITIZENSHIP
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OVERVIEW:
1. Meaning.
2. Constitutional Provisions.
3. Citizenship Act
Acquisition of Citizenship
After 26/01/1950
Loss of Citizenship
4. Citizenship Amendment Act, 2019
◉ Meaning
“Citizenship is a right to have rights”
-Hannah Ardent
India has two kinds of people:
Citizens →
Full members of the Indian State and owe allegiance to it.
They enjoy all civil and political rights.
Aliens →
Citizens of some other state
Do not enjoy all the civil and political rights.
◉ Constitutional Provisions
As per const. of India, 4 categories of Persons became Citizens:
Article 5: Domicile + Any one of following → Part II of constitution
Born in India deals with Citizenship
Either of his parents born in India
Ordinary resident of India for 5 years prior to the commencement of Constitution.
Article 6: He / His parents / His grandparents were born in undivided India + Any
one of following →
Migrated to India from Pak:
Before 19/07/1948 → Citizenship granted
After 19/07/1948 → Citizenship granted after being ordinary
resident (O.R) for 6 months
Article 7 →
Migrated to Pak from India after 1/03/1947, but returned under a permit for
settlement:
Need to be Ordinary resident of India for 6 months before applying
for citizenship.
Article 8 → Mnemonic
A person who / whose parents / whose grandparents was born in Article 5 → Domicile
undivided India but who is ordinary resident outside India: Article 6 → Migration
Need to register as a citizen of India by diplomatic Article 7 →
representative of India in country of his residence. Reverse migration
Article 8 → Registration
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Note: Const. of India deals with citizenship only till the date of its commencement.
Article 9 →
Not a citizen of India → If voluntarily acquired foreign citizenship.
No concept of dual citizenship.
Article 10→
A person is deemed to be a Citizen of India until & unless disqualified by any law made by
Parliament.
Article 11→
Parliament shall have powers to make any provision w.r.t acquisition & termination of
citizenship.
◉ Citizenship Act
The Citizenship Act provides for acquisition and loss of citizenship after the commencement of the Constitution
i.e. 26/01/1950:
Ways of acquiring Citizenship:
Birth
Registration
Acquisition Trick:
Just remember “BRAND”
Naturalization
Descent
◉ Citizenship Act: Acquisition of Citizenship
By Birth in Indian soil →
After 26/01/1950 → Automatic Citizenship
After 1/07/1987 → Either of parent should be citizen of India
After 3/12/2004 → Both are citizen of India / either of parent is citizen of India
but other isn’t illegal migrant.
By Descent: Born outside India →
After 26/01/1950 → Father was citizen at time of birth
After 10/12/1992 →Either of parent should be citizen of India
After 3/12/2004 →
Either of parent should be citizen of India
Compulsory registration within 1 year.
By Naturalization: Central govt. could grant it →
Need to fulfill several conditions.
By incorporation/acquisition of territory →
If any new territory becomes a part of India, the persons of the territory becomes
citizen of India. Not
Ex: Citizenship (Pondicherry) order, 1962. important
By Registration →
The Central Government may register as a citizen of India any person (not being
an illegal migrant) if he belongs to any of the following categories,
◉ Citizenship Act: Loss of Citizenship
By Renunciation: Section 8, Citizenship Act →
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Voluntary act by which a person renounce citizenship.
His/her minor child also loses citizenship.
By Termination: Section 9, Citizenship Act →
If one acquire citizenship of another country → Indian citizenship
automatically get terminated. Single Citizenship
By Deprivation: Section 10, Citizenship Act →
Citizenship obtained by fraud / disloyalty to COI / unlawfully trade with enemy during war / out
of India for 7 years → All this leads to loss of citizenship.
◉ Citizenship Amendment Act, 2019
★ Features →
Illegal migrants of 6 communities from Afghanistan, Bangladesh & Pakistan eligible for Indian citizenship.
6 Communities →
Hindus
Sikhs
Buddhist
Jains
Christians
Parsis
Provisions of the bill don’t apply on:
Tribal areas of Assam, Meghalaya, Mizoram & Tripura.
Areas regulated through Inner Line Permit Regime: Arunachal Pradesh, Mizoram, Nagaland &
Manipur
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