CITIZENSHIP in Indian Constitution
Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.
Articles related to citizenship are as follows:-
Article 5: Citizenship at the commencement of the Constitution
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 7: Rights of citizenship of certain migrants to Pakistan
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India
Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Article 10: Continuance of the rights of citizenship
Article 11: Parliament to regulate the right of citizenship by law
CITIZENSHIP OF INDIA AT THE COMMENCEMENT OF THE CONSTITUTION:
1. At the commencement of this Constitution, every person who has his domicile in the territory of India and—
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. (Article-5)
2. Persons who migrated to India from Pakistan before 19 July, 1948 and since then have been ordinarily residing in India.
3. Persons who migrate to India from Pakistan on or after 19 July, 1948 but got themselves, duly registered as citizen with a competent officer appointed for that purpose.
4. Persons who migrated to Pakistan after 1st March, 1947 but returned to India under a permit for resettlement.
5. Any person who or either of whose parents or any of whose grandparents was born in India.
The Constitution makes use of the words ‘domicile’ and ‘residence’. The basic idea of domicile is permanent home. Residence in the country and the intention to make it his home are necessary to constitute a domicile.
ACQUISITION OF INDIAN CITIZENSHIP UNDER THE CITIZENSHIP ACT 1955:
The legislation related to this matter is the Citizenship Act 1955. In exercise of its power the Parliament has enacted the Indian Citizenship Act, 1955. This Act provides for the acquisition and loss of Indian citizenship after the commencement of the Constitution. It has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways –
(1) Citizenship by birth
(2) Citizenship by descent
(3) Citizenship by registration
(4) Citizenship by naturalization
(5) Citizenship by incorporation of territory
LOSS OF INDIAN CITIZENSHIP:
As per Citizenship Act 1955 one can lose citizenship of India in three ways – Renunciation, Termination and Deprivation.
1. Renunciation is a voluntary act by which a person after acquiring the citizenship of another country gives up his Indian citizenship.
2. Termination takes place by operation of law. When an India citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen.
3. Deprivation is a compulsory termination of the citizenship of India obtained by Registration or Naturalization. The citizenship is deprived on the basis of an order of the Government of India, in cases involving acquisition of India citizenship by fraud, false representation and concealment of material fact or being disloyal to the Constitution etc.
