Citizenship : Articles 5 - 11
The provisions related to citizenship are inspired from Britain.
Under Part-2 of the Constitution of India, the rules or articles related to the citizenship of an Indian person have been described. Articles related to citizenship were implemented by the Constituent Assembly by adopting them only on 26 November 1949. Under this, various rights have been provided to Indian citizens, which have been mentioned further, but foreign citizens, refugees or dual citizenship persons have been deprived of certain rights. Articles 5 – 8 describe citizenship on the basis of birth and migration or domicile of a person, while Article 9 describes the annulment or termination of a person's citizenship after he has acquired the citizenship of a foreign state.
Indus Valley Civilization or Harappan Civilization
Article – 5 : Citizenship on Commencement of The Constitution
- Every person who at the commencement of the Constitution has his domicile in the territory of India, and
- Who is born in the territory of India, or
- Either of whose parents was born in the territory of India, or
- Who has been ordinarily resident in the territory of India for at least five years immediately before the commencement of the Constitution,
Based on the above mentioned that person will be a citizen of India.
Household Pests and Their PreventionArticle – 6 : Rights of Citizenship of Certain Persons Who Have Migrated to India From Pakistan
A person who migrates from the territory of Pakistan to the territory of India at the time of commencement of the Constitution shall be deemed to be a citizen of India.
- That person or any one of his parents or his grandfather or his maternal grandmother or his paternal grandmother or paternal grandmother was born in undivided India as defined in the Government of India Act, 1935,
- the person has entered India before the 19th day of July, 1948, and is ordinarily residing in India,
- That person has come to India after July 19, 1948, and has applied for citizenship to the Government of India in the prescribed format and manner at least 6 months before the coming into force of the Constitution.
Article – 7 : Citizenship Rights of Certain Persons Who Have Migrated to Pakistan
Under Article 5 and Article 6, any such person who has migrated from the Indian territory to the territory of Pakistan after March 1, 1947, shall not be deemed to be a citizen of India.
Article – 8 : Citizenship Rights of Certain Persons of Indian Origin Living Outside India
Subject to section 5, a person or his mother or father or his grandfather or grandmother was born in undivided India in accordance with the Government of India Act, 1935 AD and is ordinarily resident outside India in any other country, that is, he has If you have not taken citizenship, then you can get citizenship of India through the prescribed format by contacting the Indian Ambassador located in that country.
Article – 9 : Voluntarily Acquiring Citizenship of Foreign State Not to be a Citizen of India
If a person has voluntarily acquired the citizenship of a foreign state, that person shall not be deemed to be a citizen of India by virtue of Article 5 or Article 6 or Article 8.
Article – 10 : Continuance of Rights of Citizenship
According to this, the right of citizenship of a person cannot be taken away by any authority other than the law made by the Parliament.
Article – 11 : Lawful Regulation of The Right of Citizenship By The Parliament
For its implementation, the Indian Citizenship Act 1955 was passed by the Government of India. Various provisions related to citizenship have been described in it. Any person under the Citizenship Act 1955 shall be a citizen of India.
Indian Citizenship Act 1955
Obtaining Citizenship
- By Birth – Any person born in India on or after 26 January 1950, whose parents, both or one of them are citizens of India by birth, will be a citizen of India. But children of diplomats, citizens of enemy countries and foreigners will be exceptions.
- By Descent Tradition – A person born outside India after 26 January 1950 will be a citizen of India, if at the time of birth his parents or any one of them are citizens of India. The Indian Citizenship Amendment Act 1992 has made provision for granting citizenship to a person born abroad on the basis of mother's citizenship.
- By registration – Any foreigner can apply for Indian citizenship on the basis of the following conditions –
- (a) That person has been residing in the territory of India for at least 5 years,
- (b) A foreigner is married to an Indian citizen. has married or will marry in future,
- (c) an Indian person living outside the integral territory of India,
- (d) minor children of Indian citizens,
- (e) citizens of Commonwealth countries residing in India or Government of India Do you do the job of
- By Naturalization – If a person has been living in the territory of India continuously for 10 years, then that person can get citizenship of India by naturalization.
- By Extension of Land – When the Government of India takes over any new territory or includes it in the Indian state, all the citizens of that area will automatically get Indian citizenship.
Termination of Citizenship
- A person can be deprived of citizenship on his voluntarily accepting the citizenship of a foreign state or on declaring his renunciation of citizenship or in accordance with the law made by the Parliament.
- On any person showing reluctance to the Constitution of India,
- On helping the enemy country during the war,
- Conviction of 2 years in any other country within 5 years of obtaining citizenship by naturalization,
- Fraudulently or wrongfully obtaining Indian citizenship,
- On the marriage of an Indian woman to a foreign man,
- Staying out of India continuously for 7 years.
Citizenship Amendment Act 2019
- This act came into effect from 10 January 2020.
- By this, there is a provision to give Indian citizenship to 6 religious minorities (except Muslims, ie Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Bangladesh, Pakistan and Afghanistan.
- According to this, minorities living in India till or before December 31, 2014 will not be considered as temporary migrants.
- It was provided by the Citizenship Act 1955 that the person applying should fulfill the condition of residence in India till 12 months before the date of application and spent 11 years out of 14 years in India before 12 months. But by the Citizenship Amendment Act 2019, the above minority has been reduced to 5 years instead of 11 years.
- The provisions of the Citizenship Amendment Act 2019 will not apply to the state and tribal areas included in the Sixth Schedule of the Constitution and the 'Inner Line Permit' areas notified under the Bengal Eastern Frontier Regulation 1873.
- Inner Line Permit: This is a travel document created by the British Government under the Eastern Frontier Regulation 1873, which was continued by the Government of India after independence. Under this, the states of Mizoram, Arunachal Pradesh, Nagaland, Manipur are included while some districts of Assam, Meghalaya and Tripura are included in it. To go to the inner line permit area, permission has to be obtained from the concerned state government.
Note :
The Citizenship Amendment Bill was passed by the Government of India in December 2003, under which citizenship of India was granted to people of Indian origin settled abroad. This is called dual citizenship (overseas citizenship of India).
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