July 23, 2024
Overview: Part II of the Constitution of India (Articles 5-11) deals with citizenship. This section details the laws, acts, and constitutional articles related to citizenship, accompanied by video infobits for better understanding.
The issue of citizenship in India has been a prominent topic of discussion and debate, especially in recent years. Changes in citizenship laws and policies have sparked debates about their impact on different societal sections and their alignment with constitutional principles.
Weather you are a law student, a lawyer, a judiciary aspirant, a law teacher or anyone from legal fraternity, it is important for you to understand the concept of citizenship from the Constitution of India. Therefore to help you with that we have curated well researched notes for your preparation.
In this Blog we will cover:
Citizen: A citizen is an individual who belongs to a specific territory and possesses the legal rights and responsibilities associated with that territory. Citizens are subject to the laws of the state and are recognized as full members of that state.
Citizenship: The concept of citizenship defines the relationship between an individual and their sovereign state. This relationship includes two categories: citizens and aliens. Individuals who are not citizens of India are classified as aliens and are excluded from the rights and privileges of citizenship.
Historical Context: During the partition of India and Pakistan, individuals who chose Indian nationality remained citizens of India, while those who stayed in Pakistan became citizens of Pakistan.
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Citizenship in India confers legal status, granting individuals specific rights and privileges within the country. The Citizenship Act of 1955 governs all matters related to Indian citizenship, outlining various methods for acquiring or losing citizenship.
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By Birth:
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By Descent:
By Registration:
Jus Soli (Right of Soil): Derived from Latin, this principle grants citizenship to individuals born within a nation's territory.
Jus Sanguinis (Right of Blood): This principle bestows citizenship based on the nationality of one's parents, irrespective of the place of birth. The Constituent Assembly of India rejected jus sanguinis as it was considered racial and against Indian values. The Motilal Nehru Committee (1928) recommended jus soli as a more appropriate method aligned with the country's ethics.
Part II of the Constitution of India: This section contains provisions regarding the status of citizens at the commencement of the Constitution, encompassing Articles 5-11. These articles outline the criteria and conditions for citizenship.
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Article 5: Citizenship at the Commencement of the Constitution At the commencement of this Constitution, every person domiciled in the territory of India and:
(a) born in the territory of India; or
(b) whose parents were born in the territory of India; or
(c) who has resided in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.
Article 6: Rights of Citizenship of Certain Persons Migrated from Pakistan Despite Article 5, a person who migrated to India from Pakistan shall be deemed a citizen if:
(a) they or their parents/grandparents were born in India as defined in the Government of India Act, 1935; and
(b) they have resided in India since their migration, or they have been registered as citizens by an appointed officer after migrating post-July 19, 1948.
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Article 7: Rights of Citizenship of Certain Migrants to Pakistan Individuals who migrated to Pakistan after March 1, 1947, shall not be deemed citizens of India unless they return with a permit for resettlement.
Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India Individuals born outside India to parents or grandparents who were born in India, as defined in the Government of India Act, 1935, can register as Indian citizens with Indian diplomatic or consular representatives.
Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to Be Citizens Individuals who voluntarily acquire the citizenship of a foreign state shall not be citizens of India.
Article 10: Continuance of the Rights of Citizenship All persons who are or are deemed to be citizens of India shall continue as such, subject to parliamentary laws.
Article 11: Parliament to Regulate the Right of Citizenship by Law Parliament holds the authority to make provisions regarding the acquisition and termination of citizenship and all other matters related to citizenship.
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Enactment: Act No. 57 of 1955, effective December 30, 1955, regulates the acquisition and determination of Indian citizenship. It consists of 19 sections and 3 schedules.
Acquisition:
Revocation:
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The Citizenship (Amendment) Act of 2003 introduced provisions for Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO), granting specific privileges and rights to certain foreign nationals of Indian origin without conferring full citizenship.
It is important to note that acquiring Indian citizenship can also result in the loss of citizenship under certain conditions. For instance, an individual who voluntarily acquires the citizenship of another country may forfeit their Indian citizenship. Furthermore, the government of India retains the authority to cancel or revoke citizenship under specific circumstances.
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While PIO cardholders have a 15-year multiple entry visa, OCI cardholders enjoy a lifelong visa for multiple purposes, with certain restrictions on acquiring agricultural land. OCI is not dual citizenship, and OCI cardholders do not have voting rights.
Citizenship, a matter under the Union List, is governed by the Parliament of India with constitutional backing in Part II of the Constitution. Utilizing the authority granted by Article 11, the Citizenship Act of 1955 was enacted and subsequently amended to address evolving needs. The principle of Vasudhaiva Kutumbakam (the world is one family) guides the acceptance of citizenship applications made through legal means.
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