CITIZENSHIP
Citizenship means being recognized by the law as a member of a country or nation. In India, the Constitution has specific sections (Articles 5-11) that talk about citizenship. When someone is a citizen, they have certain rights and responsibilities in their country, both in terms of civil matters (like personal rights) and political matters (like voting). It's like being a full and valued member of the country you belong to.
1. Basic Understanding of Articles
Article 5
Article 5 of the Constitution deals with citizenship when it started on January 26, 1950. According to this article, people become citizens if they meet certain conditions:
1.If they were born in India, they become citizens.
2.If either of their parents was born in India, they become citizens.
3.If they have lived in India for at least 5 years before January 26, 1950, they become citizens.
1.If they were born in India, they become citizens.
2.If either of their parents was born in India, they become citizens.
3.If they have lived in India for at least 5 years before January 26, 1950, they become citizens.
Article 6
Article 6 of the Constitution talks about citizenship for people who migrated from Pakistan. If someone meets the following conditions, they become a citizen of India when the Constitution started:
1.If they, their parents, or their grandparents were born in India under the Government of India Act of 1935.
2.If they migrated from Pakistan before July 19th, 1948, and have been living in India since then, they become citizens.
3.If they migrated from Pakistan after July 19th, 1948, and applied to be a citizen of India before the Constitution started, they become citizens. However, they must have lived in India for at least 6 months before applying.
1.If they, their parents, or their grandparents were born in India under the Government of India Act of 1935.
2.If they migrated from Pakistan before July 19th, 1948, and have been living in India since then, they become citizens.
3.If they migrated from Pakistan after July 19th, 1948, and applied to be a citizen of India before the Constitution started, they become citizens. However, they must have lived in India for at least 6 months before applying.
Article 7
Article 7 of the Constitution addresses the citizenship rights of individuals who migrated to Pakistan after March 1, 1947, but later decided to return to India.
According to this article, such individuals shall not be considered Indian citizens, and their citizenship rights may be affected due to their migration to Pakistan and subsequent return.
Article 8
- Article 8 of the Constitution pertains to the citizenship rights of individuals of Indian origin who reside outside of India.
- This article recognizes their connection to India and grants them specific privileges related to employment, marriage, and education.
People of Indian origin living abroad can maintain their ties with India and enjoy certain benefits regarding employment opportunities, marriage rights, and educational pursuits. - Article 8 ensures that despite residing outside the country, individuals with Indian roots are given special consideration and opportunities in these areas when they choose to engage with their homeland.
Article 9
- Article 9 of the Constitution states that individuals who voluntarily acquire the citizenship of a foreign country will no longer be considered citizens of India.
- In other words, if someone chooses to become a citizen of another country, they will lose their Indian citizenship.
- This provision ensures that a person cannot hold dual citizenship in India and another country, and they need to choose one citizenship over the other.
Article 10
Article 10 of the Constitution ensures that any person who is recognized as a citizen of India under any provision in Part II of the Constitution will retain their citizenship. Additionally, they will be subject to any laws passed by the Indian Parliament.
Article 11
Article 11 of the Constitution grants the Parliament the authority to regulate matters related to citizenship by enacting laws. This provision empowers the Parliament to make provisions regarding the acquisition and termination of citizenship, as well as any other issues concerning citizenship.
2.Constitutional Provisions of the Citizenship of India
Citizenship in India is regulated by constitutional provisions found in Articles 5 – 11 of the Constitution (Part II). Additionally, the Citizenship Act of 1955 is the primary legislation that deals with citizenship matters in the country. This act has been amended several times, with amendments made in 1986, 1992, 2003, and 2005.
In India, nationality is mostly determined by jus sanguinis, which means citizenship is acquired through your parents or ancestors. It is not determined just by jus soli, which grants citizenship to those born within the country's borders.
3.The Citizenship Act of 1955
The Citizenship Act of 1955 defines how individuals can become citizens of India. There are several ways to acquire citizenship:
1.Citizenship at the commencement of the Constitution: People domiciled in India on 26th November 1949 automatically became citizens of India when the Constitution started.
2.Citizenship by birth: Individuals born in India after 26th January 1950 but before 1st July 1987 are Indian citizens.
3.Citizenship by descent: Individuals born after 1st July 1987 can be Indian citizens if one of their parents was an Indian citizen at the time of their birth.
4.Citizenship by registration: Certain individuals can apply for citizenship through registration, as specified in the law.
5.Citizenship by naturalization: Foreigners who fulfill certain criteria can become Indian citizens through a process called naturalization.
6.By incorporation of territory: The Government of India can grant citizenship to people when they acquire new territories.
Note: There are some exceptions to citizenship by birth, such as children of foreign diplomatic personnel and those of enemy aliens cannot become citizens.
4.Termination of Indian Citizenship:
According to the Citizenship Act, there are three ways in which citizenship of India can be terminated:
1.Renunciation: If a person who is a citizen of India and also a national of another country chooses to give up his Indian citizenship by making a formal declaration as per the prescribed process, he will no longer be an Indian citizen. When a male person loses Indian citizenship, any minor child of his will also lose Indian citizenship. However, within one year of reaching adulthood, such a child can regain Indian citizenship by declaring their intention to resume Indian citizenship.
Termination: Indian citizenship can be terminated if a citizen willingly adopts the citizenship of any foreign country.
Deprivation: In specific cases, the government of India has the authority to deprive a person of their Indian citizenship. However, this provision is not applicable to all citizens.
It is only relevant for individuals who acquired citizenship through registration, naturalization, or Article 5 Clause (c) (which pertains to citizenship at the commencement of the Constitution for a person domiciled in India and who has been a resident of India for at least 5 years immediately before the commencement of the Constitution).
5.Other Citizenships
1.Persons of Indian Origin (PIO) Card:
The PIO Card, or Persons of Indian Origin Card, is available to individuals who meet the following eligibility criteria:
1.They are a person of Indian origin and hold citizenship of any country except Pakistan, Sri Lanka, Nepal, Bangladesh, Bhutan, China, or Afghanistan
or
2.They have previously held an Indian passport, or they are the spouse of a citizen of India or a person of Indian origin.
Note: PIO cardholders can enjoy the benefit of multiple entries to India for a duration of fifteen years. They are not required to obtain a separate visa for their visits to India.
2.The Overseas Citizen of India (OCI) Card :
The Overseas Citizen of India (OCI) Card is designed for foreign nationals who meet certain criteria:
1.They were eligible for Indian citizenship on 26th January 1950, or they were Indian citizens on or after that date.
2.However, citizens of Pakistan and Bangladesh are not eligible for the OCI Card.
Note: It is important to note that the OCI Card is not considered dual citizenship, and OCI cardholders are not Indian citizens. While OCI cardholders enjoy certain benefits, such as having a multipurpose, multiple entry lifelong visa for visiting India, they do not have voting rights in India.OCI cardholders have equal rights as Non-Resident Indians (NRIs) concerning financial, educational, and economic matters. However, they are not permitted to acquire agricultural land in India.
|
Previous Year Questions: 1.Consider the following statements: (2018)
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer (d) 2. According to the Indian Citizenship Act, 1955, Which of the following is not a method of acquiring Indian citizenship? A. Children of the diplomatic personnel or alien enemies born in India on or after 26th January 1950 B. Children born of Indian citizens abroad C. Incorporation of territory not forming part of India at the commencement of India at the Commencement of the Constitution D. Naturalisation Answer (A) |
