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Citizenship in India

 


Citizenship in India

Part 2(Art 5- Art 11) of Indian Constitution deals with citizenship. And according to it different constitutional rights and non constitutional rights are available to citizens and aliens. 

Constitutional rights available to only citizens-

  • Article 15
  • Article 16
  • Article 19
  • Article 29 
  • Article 30

Along with rights there are some duties are alos assigned to citizens like respecting national flag and national anthem. 

Jus Soli- by soil(born in that soil) 

Jus Sanguinis- by blood relationship




The Constitution of India grants citizenship at the commencement of the Constitution and left the future citizenship granting rights to parliament. 

Article realted to citizenship(at the commencement of Constitution) 

Article 5- citizenship to domicile of India if he was

  • Born in India
  • Either of the parents born in India
  • Resident of India for immediate 5 years before the commencement of Constitution

Article 6- citizenship to person migrated to India from Pakistan based on

  • Either of the parents or grandparents born in India and
  • Migrated to India before 19 July 1948 and residing in India

Article 7- citizenship to person migrated to Pakistan and later return back to India

Article 8- citizenship to person of Indian origin residing in different countries

Article 9- termination of citizenship on accepting citizenship of other country

Article 10- Continuation of citizenship even law were enacted by parliament

Article 11- Parliament is granted right to form citizenship law


Accordingly Citizenship Act 1955 was enacted by Parliament and 

Foreign act 1946 and Passport act 1920 empower government to regulate the entry of foreigners in India. 


Citizenship Act 1955

It grants citizenship through 5 Ways(BRAND) 

1. Birth- 

1950 to 1987- born in India

1987 to 2004- born in India + Either of the parents is a citizen of India(through 1986 Amendment) 

2004~ born in India + Either of the parents is a citizen of India + second parent is not an illegal immigrants(through 2003 amendment) 

2. Descent-

1950 to 1992- Father is citizen of India

1992 to 2004- Either of the parents is citizen of India

2004~ Either of the parents is citizen of India + Registration at Indian consulate within 1 year of birth(Registration of birth after 1 year with government permission) 

3. Registration-

PIO residing in India for 7 years

PIO residing outside of Undivided India

Married to Indian + residing in India for 7 years

Minor child of citizens of India

Full age person whose parents are Indian

Full age person whose either parents was earlier citizen of India and he resided in India for 12 months

OCI card holder for last five years + residing in India for 12 months

4. Naturalization-

  • Must fulfill the following criteria:
  • Country which didn't grants citizenship to Indian on the basis of Naturalization
  • Ready to renounce the citizenship of other country
  • Resident of India for 14 years and resideded in India for last 12 months
  • Good character
  • Adequate knowledge of a language from 8th schedule of the Indian Constitution
  • Ready to reside in India after getting citizenship

However Government can waive on conditions of naturalization for person of distinguished quality

5. Acquisition of Territory-

Government of India will specify who can become the citizen of India from acquired territory



It describe 3 ways to loss citizenship

1. Renunciation-

By volunteer renouncing. If a person renounce his/her citizenship, his/her minor children will also loss citizenship of India. But at the age of 18, these children can resume the citizenship. 

Under war situation such application will be undrr hold. 

2. Termination-

By volunteer acquisition of citizenship of other country. 

3. Deprivation-

  • If citizenship is acquired by fraud. 
  • Disloyalty to the Constitution of India
  • Supporting enemy during war
  • 2 years of arrest after naturalization or registration(within 5 years of acquiring citizenship) 
  • Residing outside India for 7 years continuously



Citizenship Amendment Act 2015

Merger of OCI and PIO scheme. 


Citizenship Amendment Act 2019

The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan to continue to live in India if they entered India before December 31, 2014.
  • It also reduces the requirement for citizenship from 11 years to just 5 years.
  • Two notifications also exempted these migrants from the Passport Act and Foreigners Act.
  • A large number of organisations in Assam protested against this Bill as it may grant citizenship to Bangladeshi Hindu illegal migrants.
  • The justification given for the bill is that Hindus and Buddhists are minorities in Bangladesh, and fled to India to avoid religious persecution, but Muslims are a majority in Bangladesh and so the same cannot be said about them

 









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