The document outlines India's Citizenship Act of 1955 and key constitutional provisions regarding citizenship. It defines who qualifies for Indian citizenship at independence in 1950, including those domiciled in India or who migrated from Pakistan. Citizens enjoy rights like non-discrimination, freedom of speech, voting rights, and ability to hold public office. Parliament can make laws regarding acquiring or losing citizenship after 1950. The Citizenship Act of 1955 further defines gaining citizenship by birth, descent, registration, naturalization or territory incorporation, and losing it through renunciation, termination or deprivation.
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Citizenship Act
The document outlines India's Citizenship Act of 1955 and key constitutional provisions regarding citizenship. It defines who qualifies for Indian citizenship at independence in 1950, including those domiciled in India or who migrated from Pakistan. Citizens enjoy rights like non-discrimination, freedom of speech, voting rights, and ability to hold public office. Parliament can make laws regarding acquiring or losing citizenship after 1950. The Citizenship Act of 1955 further defines gaining citizenship by birth, descent, registration, naturalization or territory incorporation, and losing it through renunciation, termination or deprivation.
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CITIZENSHIP ACT 1955
• India has two kinds of people- citizens and aliens.
• Citizens of India enjoy all civil and political rights. Aliens they do not enjoy theserights. • The constitution confers rights and privileges on the citizens of India and denies the same to aliens. These rights are • 1.Rights against discrimination on grounds of religion, race, caste, sex or place of birth (Art-15) • 2.Right to equality of opportunity in the matter of public employment (Art-16) • 3.Right to freedom of speech and expression,assembly, association, movement, residence and profession (Art-19) • 4.Cultural and educational rights (art-29 and 30) • 5.Right to vote in elections to the Lok Sabha and State Legislative Assembly • 6.Right to contest for the membership of the Parliament and State Legislature • 7.Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the High Courts, Governs of states, Attorney General if India and Advocate General of India. • Along with that rights the citizens of India owe certain duties towards the Indian state. • Constitutional Provisions : • The Constitution deals with the citizenship from Articles 5 to 11 under Part 2 • It identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950 ). It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. • Parliament has enacted the Citizenship Act, 1955. which has been amended in 1986, 1992, 2003, and 2005 • According to the Constitution, the following four categories of persons became the citizens of India at its commencement i.e., on 26 January, 1950 • 1.Persons domiciled in India • 2.Persons migrated from Pakistan • 3.Persons migrated to Pakistan but later returned • 4.Persons of Indian origin residing outside India • Other Constitutional provisions with respect to the citizenship are : • 1.No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state (art-9) • 2. Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament(art-10) • 3.Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship (art-11) • Acquisition of Citizenship : • 1.By Birth • 2.By Descent • 3.By Registration • 4.By Naturalization • 5. By Incorporation of Territory • Loss of Citizenship : • 1.By Renunciation • 2.By Termination • 3.By Deprivation