CITIZENSHIP IN INDIA BY: RACHITA MATHUR

Citizenship is provided under Article 5 to 11 of Constitution of India which. The final draft in the Constitution as Part II, it was amended over many times. The problem of citizenship was as follows:

  • The people who were born and living in the territory enclosed in Pakistan and migrated to India were to be provided Indian Citizenship.
  • The people who migrated to Pakistan but were born in India were to be excluded and debarred from Indian Citizenship.
  • People who migrated to Pakistan in 1947 but returned back to live in the Indian Territory permanently had to be provided Citizenship.
  • People who were living abroad but were born in India had to be provided with Indian citizenship.

Articles Related to Citizenship under Indian Constitution are as follows:

Citizenship during the Commencement of the Constitution (Article 5)

Every person who has his or her domicile in the territory of India :
(a) who was born in the Indian territory; or
(b) either of whose parents was born in the Indian territory; or
(c) An individual who has been ordinarily resident in the Indian territory for at least 5 years immediately preceding such commencement, shall be a citizen of India.

Rights of Citizenship of Certain Persons who have Migrated to India Territory from Territory of Pakistan (Article 6)

It provides citizenship rights to migrants from Pakistan to India. Regardless of anything in article 5, a person who has migrated to the territory of India from the territory currently enclosed in Pakistan shall be deemed to be an Indian citizen at the commencement of this Constitution if –

  • A person migrated from Pakistan to India before 19 July 1948 shall be considered as an Indian citizen if either of the person’s parents or any of his grandparents were born in India as expressed in the Government of India act, 1935 and has been living or residing since the date of migration.
  • People who migrated after 19 July 1948, they should be registered as a citizen of India by an officer from the Government of India but for registration, the subjected person has to be a resident in the territory of India for a minimum of six months, preceding the date of his application.

Rights of Citizenship of Certain Migrants to Pakistan (Article7)

Regardless of anything in citizenship article 5 and 6, a person who has after the 1st day of March 1947, migrated from the Indian Territory now encompassing in Pakistan shall not be deemed to be a citizen of India. Given that nothing in this article shall apply to a person who after having migrated to the territory now included in Pakistan has returned to the Indian territory under a permit for resettlement or returning permanently issued by the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the 19th day of July 1948.

Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India (Article8)

Any person who or either of whose parents or grandparents were born in India as stated in the Government of India Act 1955 and who is residing ordinarily in any country outside India shall be considered to be a citizen of India. If he has registered as a Citizen of India by an Indian diplomatic or consular representative in that country on an application made by him or her in the prescribed document form to such diplomatic or consular representative, whether before or after the commencement of the Constitution.

Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be Citizens (Article 9)

It does NOT allow dual citizenship, i.e., holding Indian citizenship and citizenship of a foreign country simultaneously.

Continuance of the Rights of Citizenship (Article10)

Every person who is or is deemed to be a citizen of India in any of the preceding provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, still be a citizen.

Parliament to Regulate the Right of Citizenship by Law (Article 11)

No one can take the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and any other matter regarding the same.

 

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