Citizenship

Synopsis 

The concept of citizenship came into existence since November 26, 1949. The citizenship is mentioned in part II of The Indian Constitution under Article 5 - 11. "Citizenship is the status of a person recognized under the custom or law of a sovereign state as a member of or belonging to the state". Basically Citizenship can be categorized as Citizens and Aliens.

Citizens: those people who enjoy all civil and political rights.

Aliens : Aliens, on the other hand, are those people who belong to some other state.

The citizenship brings:

* Rights

* Duties

* Privileges

* Obligations

Article 5 : Citizenship at the commencement of the Constitution: Domicile 

Article 6 : Right of citizenship of certain persons migrated from Pakistan to India.

Article 7 : Rights of citizenship of persons migrated to Pakistan but later returned to India

Article 8 :  Rights of citizenship of  Indian origin persons who are residing outside India

Article 9 : Persons voluntarily acquired citizenship of other country.

Article 10 :  Continuance of rights of citizenship 

Article 11 :  Parliament to regulate the rights of citizenship by law.

Article 5

This article provides that a person is eligible to become the Citizen of India 

1. if at the time of commencement of the constitution he has his domicile in the Indian territory OR

2. Either of his/her parents were born in India OR 

3. He has been ordinarily resident of Indian territory for not less than five years immediately before the commencement of the Indian Constitution. 

Note: The term 'Domicile' here is not defined in The Indian Constitution. 

Article 6

This article provides citizenship to the migrants of Pakistan before the commencement of the Constitution

1. The person migrating to India before July 19, 1948 And 

2. The person migrating to India after July 19,1948.

Note: Permit system for migration was introduced on July 19,1948. 

Article 7 

A person who migrated to Pakistan from India after March 1,1947, but later returned to India for resettlement could become a Citizen of India.

For this the person must to be the resident of India for 6 months before the date of his application for registration. 

Note: The person migrating from Pakistan to India after January 26, 1950 are governed by The Citizenship Act,1955.

Article 8

This article provides that:

A person OR

Any of his/her parents OR

Any of his/her grand parents born in India as defined by The Government Of India Act,1935 but ordinarily residing outside India shall become a citizen of India if registered as a citizen of India in that country. 

Note: with respect to before or after the commencement of India Constitution. 

Article 9

This article provides that if a person voluntarily acquire the citizenship of another country, he shall forfeit the right of citizenship of India.

Note: The above mentioned clause is applicable to cases arising before the Commencement of Indian Constitution. 

Such casese arising after the commencement of Indian Act shall be dealt by Citizenship Act,1955.

Article 10

This article provides that a person who is or deemed to be a citizen of India shall continue to be a citizen of India.

Article 11

This article provides the Parliament to enact legislations pertaining to the acquisition and termination of the citizenship. 

The citizenship can be acquired by 5 ways:

1. By birth

2. By descent

3. By registration 

4. By naturalization 

5. By incorporating a territory 

A. BY BIRTH

* amended in the year 1986.

*  a person is the citizen of India by birth if :

a. He is born in India on or after January 26,1950 but before June 30,1987 OR

b. He is born in India on or after July 1,1987 but at the time of the birth either of his parents was a citizen of India.

Note: The children of foreign diplomats posted in India and enemy aliens cannot acquire the Indian citizenship by birth.

B. BY DESCENT 

A person born outside India was entitled to Indian citizenship if his father was an Indian citizen.

Note: Not mother

So, this was amended in the year 1992. A person born outside India on or after January 26, 1950 is a citizen of India by descent if, at the time of his birth either of his parents was an Indian citizen. 

C. BY REGISTRATION 

1. Persons of Indian origin who are ordinarily resident in India for 5 years immediately before making an application for registration.