KALYAN SIR_ CITIZENSHIP.pdf

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KALYAN SIR : CITIZEN SH IP

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CITIZENSHIP KALYANSIR.COM

ü The Citizenshi Citizenship p is mentioned mentioned in Part II of the Indian Constitution. Constitution.

Citizensh ship ip provisio provisions ns are are covered covered under articles 5 to 11 of the Indian Constitution. ü The Citizen ü The Citizenship provides

v full political membership in the state

v permanent allegi allegiance ance to the state state

AND v Official Official recognition recognition by the state of his integration integration into the political political

system. ü The citizen citizen pledges pledges loyalty loyalty to the state

ü The state state protects the citizens. citizens.

ü The Citizenship to an individual also brings

ü Rights http://www.kalyansi r .net/2013/12/kal yansi r .html

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KALYAN SIR: CITIZENSHIP

ü Duties

ü Privileges

And ü Obligations

ü (All these do not belong to aliens)

ü The Public (government) offices are open only to the citizens.

ü Only the citizens are eligible for the offices of

ü The President - (Article 58(1)(a))

ü The Vice President - (Article 66(3)(a))

ü The Judge of the Supreme Court - (Article 124(3))

ü The Judge of a High Court - (Article 217(2))

ü The Attorney-General

-

(Article 76(2))

ü The Governor of a State -

(Article 157)

ü The Advocate-General

(Article 165)

-

ü The right of suffrage (vote) for the election to the House of the people (Lok sabha) and the Legislative assembly

of every state - (Article 326)

ü Right to become a member of Parliament -

Article (84)

ü Right to become a member of a state legislature – Article (191(d))

ü The citizens are eligible for recruitment to all public services. http://www.kalyansir.net/2013/12/kalyansir.html

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ü Only the citizens have the right to vote

ü The concept of Citizenship came into existence since the adoption of the Constitution on

November 26, 1949. ü The Constitution of India laid down the law in regard to who would be the citizens of

India at the time of commencement of the Constitution. ü The Constitution of India has not provided for the mode of acquisition and termination

of citizenship. ü As per Article 11 of the Indian Constitution the parliament could regulate the right of

citizenship by law. ü The Parliament passed the Citizenship Act, 1955 for acquisition and termination of the

Citizenship.

KALYANSIR.COM

WHO ARE THE CITIZENS OF INDIA? ü

As per the Article 11 of the Indian citizenship Act, the Parliament has enacted the Citizenship Act, 1955.

ü The Citizenship Act, 1955 has been amended in 1986, 1992, 2003 and 2005.

ü The Articles 5 to 8 of the Indian Constitution confers the citizenship on the people at the

time of the commencement of the Indian Constitution. ü Persons domiciled in India

ü Persons migrated from Pakistan

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ü Persons migrated to Pakistan but later returned to India

ü Persons of Indian origin residing outside India

ü Article 5: This provides that a person becomes entitled to the citizenship of India if,

at the commencement of the Constitution he has his domicile in the territory of India,

·

Or

he or either of his parents were born in India

·

Or

He has been ordinarily resident in the territory of India for not less than 5 years

·

immediately before the commencement of the Constitution.

DOMICILE:

ü

The term Domicile is not defined in the Indian Constitution.

ü Domicile is a person’s residence where he intends to

live on a permanent basis.

·

Permanent residence

And ·

Intention to reside indefinitely Constitutes the Domicile.

ü

Article 6: This provides for citizenship rights of migrants from Pakistan before the


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commencement of the Constitution.

ü This provides 2 types of distinctions.

·

The people migrating to India before July 19, 1948

And ·

The people migrating to India after July 19, 1948

KALYANSIR.COM

ü Note: Permit system for migration was introduced on July 19, 1948.

ü A person migrated before July 19, 1948 shall be deemed to be a citizen of India on the

commencement of the Constitution if.

·

The person

Or

·

His parents (born in India as defined by the GOI Act, 1935)

OR

·

Any of grandparents (born in India as defined by the GOI Act, 1935)

And http://www.kalyansir.net/2013/12/kalyansir.html

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Has been ordinarily residing in India since the date of the migration.

·

ü In case of migration after July 19, 1948

He should have been registered as a citizen of India by an officer appointed for the

·

purpose by the government of India.

And

·

Has been residing in India for at least 6 months immediately preceding the date of application.

ü Article 7: A person who migrated to Pakistan from India after March 1, 1947, but later

returned to India for resettlement could become a citizen of India.

ü For this the person he had to be the resident of India for 6 months preceding the date of

his application for registration.

ü

Note: the meaning of Migration mentioned in Article 7 is the migration before the commencement of the Constitution.

ü The person migrating from Pakistan to India, after January 26, 1950 are governed by the

Citizenship Act, 1955.

ü Article 8: This Article provides that ·

A person Or

·

Any of his parents


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Or ·

any of his grand parents

·

born in India as defined by the Government of India Act, 1935

·

but ordinarily residing outside India shall become a citizen of India if registered as a citizen of India by the diplomatic representative of India in that country.

ü This is with respect to before or after the commencement of the Constitution of India.

ü Article 9: This provides that if a person voluntarily acquired the citizenship of another

country, he shall forfeit the right of the citizenship of India.

ü The above clause is applicable to cases arising before the commencement of the Indian

Constitution.

ü Such type of cases arising after the commencement of the Constitution shall be dealt by

the Citizenship Act, 1955.

ü Note: whether a person has lost the citizenship of India after acquiring the Citizenship of

the other country is to be decided by the government of India.

ü Article 10: this provides that every person who is or is deemed to be a citizen of India

under any of the provisions in the articles 5 to 10 shall continue to be a citizen of India.

ü This is subject to the provisions of any law made by the parliament.

ü Article 11: This article provides for the Parliament to enact legislations pertaining to the


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acquisition and termination of the citizenship of India.

ü The Parliament passes Citizenship Act, 1955 providing for the acquisition and termination

of the citizenship.

ü The citizenship can be acquired by 5 ways.

v By Birth v By Descent v By Registration v By Naturalization v By incorporating a territory

ü The citizenship can be terminated in 3 methods.

v Renunciation v Termination v Deprivation

KALYANSIR.COM

ACQUIRING THE CITIZENSHIP OF INDIA:

ü BY BIRTH: http://www.kalyansir.net/2013/12/kalyansir.html

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v This was amended in the year 1986.

v A person is the citizen of India by birth if

v He is born in India on or after January 26, 1950 but before June 30, 1987

§ OR v He is born in India on or after July 1, 1987 but at the time of the birth either of his parents

was a citizen of India.

v Note: The children of foreign diplomats posted in India and enemy aliens cannot acquire the

Indian citizenship by birth.

BY DESCENT: ü A person born outside India was entitled to Indian citizenship if his father was an India

citizen.

ü NOTE: Not Mother

ü This was amended in the year 1992.

ü A person born outside India on or after January 26, 1950 is a citizen of India by descent

if, at the time of his birth either of his parents was an Indian citizen.

BY REGISTRATION:


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ü Certain categories of persons can be registered as Indian citizens.

ü

Persons of Indian origin who are ordinarily resident in India for 5 years immediately

before making an application for registration

ü Persons of Indian origin who are ordinarily resident in any country or place outside India

ü Persons who are married to citizens of India and who are ordinarily resident in India for 5

years immediately before making an application for registration

ü Minor children of persons who are citizens of India

And ü Persons who are citizens of commonwealth countries

ü

(Note: The period of acquisition of citizenship by registration was increased from 6 months to five years).

BY NATURALIZATION: ü A foreigner can acquire the citizenship of India by naturalization if

ü He renounces the citizenship of other country

ü He is of good character

ü He has an adequate knowledge of a language mentioned in the 8th schedule of the Indian

Constitution


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ü He is not a citizen of a country where Indian citizens cannot become naturalized citizens

ü The government can waive all above conditions if a person has rendered distinguished

service to the science, art, literature, world peace or human progress.

BY INCORPORATION OF TERRITORY: ü If any foreign territory becomes a part of India, then the government specifies through

notification that the people of that territory shall be the citizens of India.

HOW THE CITIZENSHIP IS LOST?

BY RENUNCIATION:

ü This is a voluntary act by which a person holding the citizenship of India as well as that of

another country may give up one of them.

ü When a person renounces the citizenship every minor child of his ceases to be an Indian

citizen

ü

But, the child within one year after attaining 18 years of age may resume Indian citizenship.

KALYANSIR.COM

BY TERMINATION:

ü When an Indian citizen acquires the citizenship of other country voluntarily, the Indian http://www.kalyansir.net/2013/12/kalyansir.html

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citizenship is automatically terminated.

BY DEPRIVATION:

ü This is a compulsory termination of the Indian citizenship by the central government if

ü The citizen has obtained the citizenship by fraud

Or ü The citizen has shown the disloyalty to the constitution of India

Or ü The citizen has unlawfully traded or communicated with the enemy during a war

Or ü The citizen has, within 5 years of registration or naturalization been imprisoned in any

country for 2 years Or ü The citizen has been ordinarily resident out of India for 7 years continuously.

ü

NOTE: This is not applicable to students and employees who are serving in the

international organizations. If a person registers annually at the Indian consulate his intention to retain the Indian citizenship.

MISCELLANEOUS: ü The Constitution avoided the dual citizenship.

ü There is only once citizenship related to the domicile in the territory of whole India and

not in a part of the country.

ü Note: In US there is dual citizenship. http://www.kalyansir.net/2013/12/kalyansir.html

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KALYAN SIR_ CITIZENSHIP.pdf

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