- Polity, Study Materials

Citizenship : An Overview

  • Part – II & Article- 5 to Article-11 of the Constitution.
  • Art – 5 : A person who had domicile in India and also fulfilled any one of the following three conditions-
  1. He was born in India.
  2. Either of his parents was born in India
  3. He was ordinarily resident in India 5 years immediately before the commencement of the Constitution , Became a citizen of India.
  • Art-6: A person who migrated to India from Pakistan became an Indian Citizen if-
  1. He or either of his parents or any of his grandparents was born in undivided India ,

                                  AND                                                                

  1. If migrated before July 19, 1948 , had been ordinarily resident in India , since the date of migration,

                      OR

If migrated on or before July 19, 1948 , had been registered as a citizen of India.

  • Art-7 : A person who migrated to Pakistan from India after March 1, 1947 , but later returned to India before January 26, 1950 for resettlement , could become an Indian citizen , if , he had been a resident in India for six months preceding the date of his application for registration.
  • Art-8: It deals with the Overseas Indians who may want to acquire Indian Citizenship .

A person who, or any  of whose parents or grandparents was born in undivided India , but who is ordinarily residing outside India , shall become an Indian citizen , if  –

he has been registered as a citizen of India  by the diplomatic or consular representative of India in      the country where he resides.

  • Art -9 : No person shall be , or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.
  • Art-10 : Every person who is or is deemed to be a citizen of India, shall continue to be such citizen, subject to the provisions of any law made by Parliament.
  • Art-11 : Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all related matters.
  • The Citizenship Act , 1955 provides for acquisitions and loss of citizenship after the commencement of the constitution. So far this act has been amended six times – in the year 1986, 1992, 2003, 2005, 2015 & 2019. The Citizenship Act prescribes five ways of acquiring citizenship –
  • By Birth : A person born in India on or after 26th January 1950 but before 1st July 1987,    OR,

A person born in India on or after 1st July 1987 and Either of his  parents is a citizen of India  at the time of his birth          OR

A person born in India on or after 3rd December 2004 and both of the   parents are  citizen  of India or one of whose parent is a citizen of India and the other is not an illegal immigrant at the time of birth .

  • By Descent : A person born outside India  , on or after 26th January 1950 but before 10th December  1992 ,  and his father was a citizen of India at the time of birth,           OR

A person born outside India  , on or after 10th December 1992 and either of his parents  is a citizen of India  at the time of his birth         OR

A person born outside India  after   3rd December 2004 and his birth is registered at an Indian Consulate   within one year of the date of birth or if one year expired, with the permission of Central Government.

  • By Registration : The Central Government may, on an application, register any person (not being an   illegal immigrant ) as a citizen of India based upon several criteria.
  • By Naturalization : The Central Government may, on an application, grant a certificate of naturalization                                 to any person ( not being an illegal immigrant) based upon several criteria. Every naturalized citizen must take an oath of allegiance to the Constitution of India.
  • By Incorporation of Territory : When a foreign territory becomes a part of India , the Government of  India specifies the persons who shall be the citizen of India, from a certain notified     E.g. Citizenship Pondicherry Order 1962.
  • A person shall deemed to be ordinarily resident in India if – (i) he has resided in India throughout the period of twelve months immediately before making an application for registration  and (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.

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