Citizenship Articles and CITIZENSHIP Act 1955

Articles and Acts of Indian Citizenship

what do you mean by citizenship of India?

India consists of two types of People .First its citizen and others are Aliens. Aliens does not enjoy all the rights in India which are mention in Indian Constitution ,while ciItizen can.

  • Citizens of India can enjoy following rights and privileges .

  • they are as under:
  1. article 15

prohibition of discrimination on grounds of sex ,religion ,caste ,skin color ,place of birth and caste

b .article 16

right of equality of opportunity in public employment or jobs.[economic justice}

article 18(2)

Citizen of india can’t accept titles given by foreign State

c. article19

right to freedom of speech and expression ,assembly ,association ,residence and profession

d. article 29 and 30

educational and cultural rights to the minorities of India.

  • right to vote in lower house and in the state legislative elections
  • right to contest in state legislature and in the parliament
  • citizens can also hold public offices like judges of apex court i .e .supreme court ,president , vice president ,governors of state ,attorney general of India and advocate general of state.

AND with the privileges Indian citizens also have to fulfill their duties like paying taxes ,respect and defending of country ,respect of National Flag, and National Anthem.

PROVISIONS RELATING TO CITIZENSHIP MENTIONED IN THE CONSTITUTION

Article 5

Citizenship at the commencement of the constitution ,became the citizen of India if he/she have:
a) domicile of India +
(i) Was born in India.

(ii) Parents or Grandparents were born in India

(iii) Resided in India for the past 5 years preceding the commencement of the constitution.

Article 6= Migration from Pakistan to India

  • He/either parent/either grandparent was born in India as defined in the GoI Act,1935
  • Before 19th July, 1948 – Must reside in India after migration; or
    On or after 19th July, 1948 – Must reside for a period of 6 months after migration and they have to be registered as an Indian citizen .

Article 7: Migration from India to Pakistan and later permitted to return

  • Migrated to Pakistan on 1st march 1947 Such person will lose his citizenship .
  • In case, such a person migrates back to India on or after 19th July, 1948 – he/she shall be deemed to be an Indian citizen subject to the fulfilment of the conditions mentioned n the article 6.

Article 8:Person of Indian origin born residing outside India.

A person of Indian origin is anyone whose parents or grandparents were born in India as defined in the GoI act1935. The parents of such a child must get the child registered with the Indian diplomat of that country.

Article 9

If a person acquires citizenship of another or foreign country ,his/her Indian citizenship is automatically taken away.

Because india doesn’t recognize DUAL CITIZENSHIP

Article 10

An Indian citizen shall always be an Indian citizenship in accordance with the subjects provisions of law made by parliament.

Article 11

Parliament has the powers to legislate over all matters of acquisition and diminishing of the citizenship.

so after 1950 there are many amendments in the citizenship [part 2 of the constitution] .major Amendment is Citizenship Amendment act 1955 which includes many provisions relating to modes of acquisition and termination of Citizenship of India

CITIZENSHIP ACT, 1955:

MODES OF ACQUISITION OF CITIZENSHIP

1.By Birth
  • 26th Jan, 1950 – 30th June, 1987-he should be BORN HERE
  • 1st July, 1987 – 2nd Dec, 2004 BORN HERE + EITHER PARENT IS A CITIZEN
  • 3rd Dec, 2004 onwards BORN HERE + BOTH PARENTS ARE CITIZENS; or BORN HERE + EITHER PARENT IS A CITIZEN
  • BUT THE OTHER SHOULD NOT BE AN ILLEGAL MIGRANT
2.By Descent

(Born elsewhere but indian origin)

  • 26th Jan1950- 9th Dec,1992 :FATHER must be A CITIZEN AT THE TIME OF BIRTH
  • 10th Dec, 1992 – 2nd Dec, 2004: EITHER PARENT TO BE an INDIAN CITIZEN
  • 3rd Dec, 2004 onwards: EITHER PARENT TO BE an INDIAN CITIZEN + TO BE REGISTERED WITH AN INDIAN DIPLOMAT OF THAT COUNTRY WITHIN ONE YEAR OF BIRTH
3.By Registration
  • PIO (person of Indian origin] who was born, or his parents or grandparents were born in undivided India as per GoI Act, 1935) –ordinarily resident in India for 7 years before making an application
  • Person married to an Indian citizen – 7 years resident before application
  • Person of full age and capacity who or either of his parents were earlier citizen of Independent India– to be resident for 12 months before applying
  • OCC for 5 years – to be resident for 12 months before applying
4.By Naturalisation (citizen of another country)
  • Resident for one year (continuous period) before applying and out of the 14 years preceding the one year, the person must be resident for 11 years (aggregate)
  • HE must be of Good character
  • Must know atleast one language out of the 8th schedule{official languages]of India
  • Not a citizen of a country who are prevented from being citizens of India
  • Such conditions are relaxed if the person is proficient in the fields of science, philosophy, art, literature, world peace or human progress.
  • Oath of allegiance must be taken when a person acquires citizenship by naturalization and registration.
5.By incorporation of territory

– Government of India shall notify the list of people who are to be
Indian citizens in the Official Gazette of India.

Modes of loss of Citizenship

1.Renunciation

– to voluntarily give up citizenship.in addition to if person terminated his citizenship ,minor of that person will also loses his citizenship .

2.Termination

– upon acquiring citizenship of one country, Indian citizenship is terminated

NOTE:DURING WAR period renunciation and termination provisions does not apply

3.Deprivation

-it is mandatory for the central government to cancel the Indian citizenship deprived under the following ways:

  • if acquired by fraud
  • Disloyalty to constitution
  • Unlawfully communicated with enemy alien.
  • Resident outside India for 7 years continuously.
  • Within 5 years of acquiring citizenship through naturalization and registration, person was imprisoned for 2 years in any country.

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