ARTICLE ON CITIZENSHIP IN INDIA

  • Part 2 of Indian Constitution talks about Citizenship of persons of country.
  • Article 5 to 11 of Constitution is about Citizenship.
  • Article 5 talks about citizenship by domicile, Article 6 talks about citizenship by migrants from Pakistan, Article 7 talks about citizenship of migrants to Pakistan, Article 8 talks about citizenship of Indian abroad, Article 9 talks about termination of citizenship, Article 10 talks about continuous of right of citizenship, and Article 11 is also talks about continuous of right to citizenship.
  • Apart from this there is also Citizenship Act, 1955.
  • According to this Act citizenship in India can be of different different types like citizenship by birth, citizenship by decent, citizenship by naturalization or citizenship by registration.
  • Citizenship rule of any country are very important factors for growth and economy of any country.
  • As you know Citizenship Act in India amended very times in India and most recently this amendment is done in 2019.
  • And in this amendment of 2019 new rules were introduced for the migrants from persecuted communities.
  • As I told you earlier according to Citizenship there are mainly 4 types of Citizenship.
  1. By birth
  2. By decent
  3. By naturalization
  4. By registration
  • But as I told you earlier Citizenship Act comes into force in 1955, so before this Act a person who live in India or born in India at the commencement of Indian Constitution are going to be considered as Indian an at that time that person has Citizenship of India.
  • And according to Citizenship Act person does not mean the companies, association or any body of individuals.
  • Illegal immigrants means the person who travel to India without proper or valid visa or lives in India after their visa are expired after some specific time include in visa.

 

  1. Citizenship by Birth
  • Born on or after January 26 in 1955 but before July 1 in 1987.
  • On or before January 1 of 1986 and before commencement of Citizenship Act, 2003 or either the parents of their person were Indian at the time of birth.
  • On or after the commencement of Citizenship Act, 2003 or either both the parents of the person are citizen of India.
  • Citizenship by birth comes under section 3 of Citizenship Act and according to this section if at the time of birth of the child either mother or father is granted immunity from legal proceedings as an envoy from foreign country so in this case a person cannot get the Indian Citizenship by Birth under Citizenship Act, 1955.
  • If the father or mother of the person are enemy alien of our country India and the place of birth of the child is at territory of alien enemy so in that case a person also does not have right to get Citizenship in Indian

 

  1. Citizenship by descent
  • When the person is born outside the India but both the parents of persons are Indian citizens and the birth of that child is registered under Indian consulate at the place of birth.
  • Citizenship by descent contained under Section 4 of Citizenship Act, 1955.
  • If the following three conditions are going to be fulfilled so in this case a person can have a right to get citizenship by descent.
  • On or after 26 January 1950, but before 10th December 1992 if the father is a citizen of India at the time of birth. If the father is also a citizen by descent at the time of birth, then the birth has to be registered with the Indian consulate or the parents must be in government service at the time of birth.
  • On or after 10th December 1992 if either of the parents are citizens of India. In this scenario, if either of the parents is a citizen by descent, then the birth should be registered with the Indian consulate or the parents must be in government service at the time of birth.
  • After 2003, for a person to be a citizen by descent, they have to be registered at the Indian consulate in the following ways:
  • Within one year of the birth or commencement of the 2003 Amendment Act, whichever is later.
  • With the permission of the central government, if the above period has expired.

 

  1. Citizenship by registration
  • If a person makes an application for registration with the central Government if they are not an illegal immigrant so in this case person can get the citizenship of India with registration.
  • Any other conditions are as follow for getting registration for Citizenship.
  • If a person of Indian origin who is resident of India for more than 7 years so in that case person can apply for Citizenship by registration.
  • Any person of Indian origin who is living outside India.
  • Any person who is married to a Indian person and who is ordinary resident in India for more than 7 years.
  • Any minor children who are resident of India.
  • A person who’s either mother or father registered as Indian citizen.
  • Any overseas resident of India who has been overseas citizen of India for at least 5 years and who lives in India for more than 1 year.
  • Any person who is earlier resident of independent India or who’s parent is citizen of Independent India.
  • If a person wants to get citizenship by registration so in that case a person has to file application to the central government and after checking all the facts if central government feels that a person meet all the criteria for this so in that case a person will get the citizenship of India by registration.

 

  1. Citizenship by naturalization
  • If the any person who lives in India and who are not illegal immigrants who fills the requirement which are contained under 3rd Schedule of Citizenship Act, 1955 so that person can file an application for citizenship by Naturalization.
  • There are some qualifications which are required for filling an application by naturalization.
  • First condition is that a person who files for application for citizenship by naturalization in that case a person is not a citizen of that country that prevents India for becoming Citizen of India.
  • The person has to be of a good character.
  • The person who apply for Citizenship by naturalization so in that case person has to be renounced in any language which are contained under Indian constitution.
  • After the naturalization process is completed that person has to be said in India.

 

  • After that brief introduction of how many types of Citizenship in India lets understand that whether the dual citizenship in India is allowed or not?
  • So let me tell you dual citizenship in India is not allowed.
  • A person cannot get the citizenship of India or as well as of any foreign country.
  • But the person can get the overseas citizen of India known as OCI cardholder.
  • The person who has the OCI card are not considered as Citizen of India but that person has the all the rights which have with any citizen of India.
  • Or becoming an overseas cardholder of India there are certain condition, if a person are fulfilled that conditions so in that case a person can apply for OCI card to the central government.
  • First condition is that that person has to reach his age of majority which is 18 years in our Indian legal system.
  • Second condition is that that person is citizen of another country and also a citizen of India before or after constitution comes into force.
  • That person has to be a citizen of another country but that person is eligible to become Indian citizen according to Indian constitution.
  • If a person is child or grandchild of a citizen territory that become part of India after Independence 1947.
  • There are some new guidelines issued by government in March 22, 2021
  • The main provisions are as follow:
  • OCI cardholder are allowed to enter in India for multiple times for any purpose except the visit is to undertake any of the following activities:
  • To undertake research
  • To undertake internship or employment with any foreign diplomatic mission in India.
  • To visit any protected or restricted place which are notified in notification passed by Central Government.

Amendment in Citizenship Act, 1955

 

  • The citizenship Act is recently amended in the year 2019.
  • This amendment done by government for the protection of migrants from certain persecuted regions or countries.
  • According to the 1955 Act a requirement for person to apply for citizenship to resided in India was 11 years, but after the amendment relax this requirement from 11 years to 5 years for Hindus, Sikh, Buddhist, Jain, Parsi or Christen from three countries.
  • According to this amendment any person who are belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christen community comes in India from Afghanistan, Pakistan or Bangladesh entered in India on or before 31st December, 2014 and who provided an exemption from Central government so in that case that persons are not considered as illegal immigrants.
  • This amendment is also been criticized because this amendment provide protection to persecuted communities and this amendment creating classification based on the religion and not for all the religion.
  • This amendment is not apply o the tribal area of the Tripura, Assam, Meghalaya and Mizoram.

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