Confornment of citizrenship governed by ARTICLES 5 TO 11
PART II of the Constitution of India
Legislations with respect Indian Citizenship laws follows
to citizenship are : JUS SANGUINIS (by right of blood) &
not JUS SOLI (by right of birth within territory)
The citizenship Act , 1955
which has been amended 4 times :
1. Citizenship (Amendment) Act, 1986 1st citizen The President Of India
2. Citizenship (Amendment) Act, 1992
3. Citizenship (Amendment) Act, 2003 maybe a Naturalised Citizen or
4. Citizenship (Amendment) Act, 2005by Birth a Citizen of India
Background :
Until August 15,1947 Indians British Subjects
Until January 23,1950 Indians Still British Subjects (unless they apply for citizenship of any other country) owing to : Section 18(3) of the Indian Independence Act which provided for that laws of British India shall prevail over two dominions until legislatures form their own laws.
26 January , 1950 onwards Citizens of India
+ Commonwealth citizen (by virtue of their Indian citizenship and India's membership of the Commonwealth.) {Provision repealed by Citizenship (Amendment Act) 2003}
Importance of having nationality laws :
People of a country categorised as Citizens & Aliens
1. Friendly Aliens : subjects of countries
having cordial relations with India
Enjoyslesser rights 2. Enemy Aliens : subjects of countries
than citizens or friendly aliensat war with India
ex. They dont enjoy Article 22
(protection against arrest & detention)
Priviliges to citizens only :
1. Eligibility to hold certain Constitutional public offices
2. Right to contest in Legislatures
3. Right to vote
4. Certain Fundamental Rights
a. Article 15 : Right against discrimination on various grounds
b. Article 16 : Right of equality of opportunities in public employment
c. Article 29/30 : Cultural & Educational Rights
CONSTITUTIONAL PROVISIONS :
Articles 5-11 doesnt provide elaborate provisions as to citizenship laws but empowered Parliament to make laws for the same hence Citizenship Act 1955.
Constitutionally citizenship was provided to following four categories:
ARTICLE 5 a. person domiciled in India
+ Any 1 of the conditions : 1. Born in India
2. Either of his parents born in India
3. Ordinarily resident of India for 5 years before 26 Jan 1950
ARTICLE 6 a. migrated from Pakistan to India + he/either of parents/any of grandparents
born in undivided India
+ Any 1 of the conditions : 1. Migration to India before 19 July 1948 : ordinarily residing
after migrating to India
2. On or after 19 July 1948 : Registered as citizen of India.
Resident in India for 6 months
preceding date of application for registration.
ARTICLE 7 Migrated to Pakistan after 1 March 1947 but returned to India for
resettlement .
Indian Citizen if Resident of India for 6 months preceding date of app for registration.
ARTICLE 8 Overseas Indians : Person residing outside India but any
of Parents/Grandparents born in undivided India
Indian Citizen if registered as Indian citizen by his consular representative in his resident country whether before or after Constitution of India enacted.
Summary :
Article 5Person domiciled in India
Article 6Persons Migrated from Pakistan
Article 7Persons migrated to Pakistan But Returned
Article 8PIO
Other provisions in the Constitution :
ARTICLE 9 No person deemed to be Indian if voluntarily acquires citizenship
of another country.
Also, according to The Passports Act 1967, a person has to surrender his
Indian passport, it is a punishable offense under the act if he fails to surrender
ARTICLE 10 Every person deemed to be citizen shall continue to be so subject to
provisions of any law made by Parliament.
ARTICLE 11 Parliament shall have power to make any provision to acquisition or
termination of citizenship laws.
PROVISIONS UNDER CITIZENSHIP ACT 1955
Acquisition ofCitizenship
1. By Birth
2. By Descent
3. By Registration
4. By Naturalisation
5. By Incorporation of a Territory
Loss of Citizenship
1. By Renunciation
2. By termination
3. By Deprivation
BY BIRTH :
Born Between Citizen if
26/01/1950 1/7/1987Citizen irrespective of parents nationality
1/7/1987 3/12/2004either of his parents citizen at the time of his birth
3/12/2004 onwardsBoth citizens , or one citizen & other not illegal migrant
* Children of foreign diplomats posted in India & enemy aliens cant acquire citizenship by birth.
BY DESCENT :
Born OUTSIDE India betweenCitizen if
26 Jan 1950 10 Dec 1992His father citizen at the time of his birth
10 Dec 1992 3 Dec 2004Either of his parents citizen at the time of his birth
3 Dec 2004 onwards NOT an Indian citizen if birth not registered at an Indian Consulate within one year (after one year with permission from central Govt)+ Undertaking from the Parent that minor child doesnt hold passport of any other country.
BY REGISTRATION : Central Govt may on application can register any of the following :
1. PIO ordinarily residing in India for 7 Years before making application
2. PIO ordinarily residing outside undivided India
3. Person married to citizen of India + residing for 7 years in India before app
4. Minor children of citizens of India
5. Person of full age and capacity having parents as Indian Citizens
6. Person of full age who or his parents earlier citizens of India + residing for 1 year now
7. OCI for 5 years & residing in India for one year before application.
* Ordinarily Resident Resident of India for 12 months throughout before making app
+ Resided for 6 years before 12 months as above in last 8 years.
BY NATURALISATION : Central Government on application may naturalise if possess all
of the given qualifications :
1. Not a subject of any country where Indians are preventing from becoming naturalised
citizens of that country.
2. Undertakes to renounce the citizenship of other country.
3. Resided in India or in service of India for 12 months preceding the app
4. In last 14 years preceding the 12 months , has resided in India for 11 years.
5. He is of a good character
6. Has an adequate knowledge of any language specified in 8th Schedule
7. That in the event of grant of citizenship he intends to reside in India
* However GOI may waive all or any of the qualifications in case of a person who has rendered distinguished service
* Every naturalised citizen to take oath of allegiance to the Constitution of India.
BY INCORPORATION OF A TERRITORY : Citizen from the notified date of acquisition
of such territory.
LOSS OF CITIZENSHIP :
BY RENUNCIATION: Any citizen can make a declaration of renunciation
* If such declaration made during a war , its registration shall be withheld
* Every minor child also loses citizenship (can be renewed after completing 18 years)
BY TERMINATION : When Indian citizen acquires citizenship of other country.
Provision doesnt apply when India is at a war.
BY DEPRIVATION: Compulsory termination by GOI if :
* Citizenship obtained by fraud
* Disloyalty towards Constitution of India
* Unlawfully traded with enemy at war.
* Within 5 years of naturalisation , imprisoned in any country for two years
* Ordinarily resident outside India for 7 years continuously.
OVERSEAS CITIZENSHIP OF INDIA : launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006.
The Central Indian Government, on application, may register any person as an OCI if -
* was a citizen of India on 26 January 1950 or at any time thereafter; or
* belonged to a territory that became part of India after 15 August 1947; or
* is the child or grandchild of a person described above;
+
* has never been a citizen of Pakistan or Bangladesh;
+
* has had no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year.
* Applicant's country of citizenship allows dual citizenship (even though OCI is not strictly Indian citizenship per se).
Benefits of getting an OCI Card :
1. Multi-entry , multi-purpose lifelong visa for entering India
2. Exemption from registration with police for any duration of stay
3. Can undertake all activities in India except Mountaineering , missionary research work & visiting protected areas.
PERSONS OF INDIAN ORIGIN : Valid for 15 years.
Issued to any person currently holding foreign passport
+ can prove their Indian origin up to three generations before.
* Citizens of Pakistan, Bangladesh, and other countries as may be specified by the central government are not eligible for grant of Persons of Indian Origin card
Benefits of having a PIO Card:
1. No separate visa to visit India
2. children can obtain admission in educational institutions in India in the general category quota for non-resident Indians
3. open rupee bank accounts, lend in rupees to Indian residents, and make investments in Indiaetc
4. acquire, hold, transfer, or dispose of immovable properties in India, except for agricultural properties
Namit (goodwill entry)
