Part 2 (Articles 5-11)
Citizenship :- A complete membership of state is called citizenship which brings certain rights and duties along with it such as fundamental rights and fundamental duties.
Citizen :- A citizen is a person who can gain profit of all rights and duties. Non citizen have very few rights but do not have any duty towards state.
Types of Citizenship
– Single citizenship 2. Dual citizenship
India follows the theory of single citizenship which is borrowed from U. K. Indians have central citizenship . There is no such provision of getting citizenship from state. However U. S citizens have citizenship of centre as well as state.
Article 5 to 10 define the citizen of India on commencement of Constitution (26 January 1950 ).
Article 11 Parliament have power to make any provision with respect to acquisition and termination of citizenship and all other matters related to citizenship.
By using article 11 government of India introduced citizenship act , 1955. This act was amended 9 times till now in years 1957, 1960, 1985, 1986 ,1992, 2003,2005,2015,2019.
The Citizenship act of 1955 provide for 5 ways of acquiring citizenship and 3 modes of losing it.
Acquisition of citizenship
Conditions to get citizenship by birth
– Born in India after 26 Jan 1950 but before july 1,1987.
– Born After 1 July 1987 and either parent must be a citizen of India at the time of his birth.
– Born after 2004, 3rd Dec and both parents should be citizen of India or 1 parent should be citizen and other should not be a illegal migrant at the time of his birth
✒ Children of foreign diplomats posted in India and enemy aliens can not acquire Indian citizenship by birth.
– By Descent
Conditions to get citizenship by Descent :-
– Born outside India after 26 Jan, 1950 but before 10 Dec 1992 and his father was a citizen of India at the time of his birth.
– After 10 Dec 1992, either of the parent should be citizen at the time of birth.
– From 3 Dec, 2004 person born outside India must have either parent as a citizen of India at the time of his birth along with it he must be registered in consulate within 1 year of birth in order to get citizenship by descent
– In case he is not registered within 1 year prior permission of central government is necessary to get citizenship by descent
✒ Registered child in consulate can not hold passport of other country.
– By Registration
The Central Government may, On an application , register as a citizen of India any person, if he belongs to any of the following categories :-
– A person of Indian origin, residing in India for 7 years.
– A person of Indian origin, who is ordinarily resident in any country or place outside undivided India.
– A person, who is married to citizen of India and resident of India for 7 years.
– Minor children of person, who are citizen of India.
– A person of full age and capacity, whose parents are registered as citizen of India.
– A person whose either parent was citizen of Independent India and residing in India for 1 year.
– A OCI for 5 years and a resident for 1 year.
4. By Naturalization
A legal migrant can gain citizenship by naturalization along with certain conditions:-
– He must not belong to a country which do not gives citizenship to Indians .
– Must renounce the citizenship of other country
– Should be residing in India for 1 year or in a service of Indian government.
– Before that 1 year of residing he must reside in India for 11 out of 14 Preceding years.
– Must possess good character.
– Must know any of the language of 8th schedule.
– Intends to reside in India .
5. By Incorporation of Territory
If any new territory becomes part of India, the government of India specifies the people of that territory to be citizen of India.
Loss of citizenship
1 . By Renunciation
If a person gives up his citizenship by his own. ( not in war time) In this case his minor children also loses citizenship but whenever they became major they can continue with their citizenship.
2. By Termination
When an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates.
3. By Deprivation
When government of India itself deprived any one from citizenship. Certain conditions for deprivation are :-
– If citizenship acquired by fraud.
– Disloyalty towards Constitution
– Indulgent in unlawful trade or communication with enemy during war.
– Who is residing ordinarily outside from India for 7 years.
– Who is imprisoned in any country for 2 years within 5 years of acquiring citizenship by registration or naturalization.
PIO means person of Indian Origin
A person who or whose Parents were born in undivided India or born in Indian territory after 1947.
OCI denotes Overseas City of India.
Citizenship Act has been amended in 2003, by which people of Indian Origin except in Pakistan and Bangladesh, will become eligible to be registered as overseas Citizens of India.
OCIs are entitled to some benefits like multiple entry, multipurpose life long visas, they can live and work in India .
They are not entitled to hold constitutional posts and employment in government office and they can’t vote.
All persons of Indian origin cardholders are deemed to be overseas citizens of India cardholders with effect from 9th January, 2015.
Non citizens who came to India to reside permanently.
Person who came in India without valid passport or documents and stay beyond limit.
CAA – Citizenship Amendment Act, 2019
This act changes 2 things
1.defination of illegal immigrants
This act says those who came to India before 31 Dec, 2014 from Pakistan, Bangladesh or Afghanistan and belong these 6 religion are not illegal immigrants . Those religions are:-
2. It made acquisition of citizenship easy for some people
According to this act people belonging to these country and religion can acquire Citizenship by naturalization . For gaining citizenship they are now required to reside in India for 5 years instead of 11 years.