Table of Contents
INTRODUCTION
In India, Articles 5 – 11 of the Constitution deal with the concept of citizenship. The term citizenship entails the enjoyment of full membership in any State in which a citizen has civil and political rights.
Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or belonging to a nation.
- It is governed by Articles 5 – 11 (Part II) of the Constitution.
- The Citizenship Act, of 1955 is the legislation dealing with citizenship. This has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
- Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).
ARTICLE – 5 Citizenship at the commencement of the Constitution
At the commencement of this Constitution, every person who has his domicile in the territory of India and— (a) who was born in the territory of India; or (b) either of whose parents were born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India
Simply, Citizenship for people at the commencement of the Constitution, i.e. 26th January 1950. Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and –
- Who was born in Indian territory; or
- Whose parent was born in Indian territory; or
- Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.
ARTICLE – 6 Rights of citizenship of certain persons who have migrated to India from Pakistan
Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if— (a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b)(i) in the case where such a person has so migrated before the nineteenth day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such a person has so migrated on or after the nineteenth day of July 1948, he has been registered as a citizen of India by an officer appointed on that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registered unless he has been resident in the territory of India for at least 6 months immediately preceding the date of his application
Simply, Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if –
- He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and
- (a) in case such a person has migrated before July 19th, 1948, and has been ordinarily resident in India since his migration, or
(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a citizen of India by an officer appointed in that behalf by the government of the Dominion of India on an application made by him thereof to such an officer before the commencement of the Constitution, provided that no person shall be so registered unless he has been resident in India for at least 6 months immediately preceding the date of his application.
ARTICLE – 7 Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under 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 nineteenth day of July, 1948
Simply, This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but subsequently returned to India.
ARTICLE – 8 Rights of citizenship of certain persons of Indian origin residing outside India
Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India
Simply, This article deals with the rights of people of Indian origin residing outside India for purposes of employment, marriage, and education.
ARTICLE – 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State
Simply, People voluntarily acquiring citizenship of a foreign country will not be citizens of India
ARTICLE – 10 Continuance of the rights of citizenship.
Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
Simply, Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be citizen and will also be subject to any law made by the Parliament.
ARTICLE – 11 Parliament to regulate the right of citizenship by law
Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship
Simply, The Parliament has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship
Citizenship Act, 1955
Citizenship of India can be acquired
- At the commencement of the Constitution
- By birth
- By descent
- Citizenship by registration
- Citizenship by naturalization
- By incorporation of territory (by the Government of India)
- People who were domiciled in India on 26th November 1949 automatically became citizens of India by virtue of citizenship at the commencement of the Constitution.
- Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian citizens.
- A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at the time of birth.
- Persons born after 3rd December 2004 are Indian citizens if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
- Citizenship by birth is not applicable for children of foreign diplomatic personnel and those of enemy aliens.