Citizenship – Indian Constitution [GK Notes PDF]

Citizenship of Indian Constitution GK + Notes PDF: The system of citizenship in any country is a special historical situation that is shaped by the socio-political situation. The unfortunate incident of the partition of India is inextricably linked with the concept of Indian citizenship. As a result, the decision-making process for citizenship became problematic for the framers of the Constitution.

The Constitution was adopted by the Constituent Assembly on 26 November 1949 and with it, the concept of citizenship came into force in Articles 5-9 of the Constitution. Subsequently, the draft committee of the Constituent Assembly implemented the concept of citizenship in the second chapter and through articles 5-11. However, it is important to remember that, in our country, the concept of citizenship was derived from Britain.

What is the Citizenship of India?

Citizenship is the status of a person as a legitimate member of a sovereign state or nation. A person can have more than one citizenship. If a person does not have citizenship of any country, he can be called stateless. When someone is located at the border of the state and no clear idea about his citizenship is found, he is called a border-lander.

Citizenship Act of 1955:

To establish rules and procedures for acquiring and laying citizenship after the enactment of the constitution, parliament passed the Citizenship Act in 1955. So the subjects of Indian citizenship are divided into two parts.

1. First Parts – relevant articles of the Indian Constitution (Articles 5-11), and
2. The second one is the Indian Citizenship Act of 1955.

#1 [Articles 5 to 11]: Constitutional provisions on citizenship:

The Constitution of Independent India was introduced on 26 January 1950. Articles 5-11 of the Constitution discuss in detail who will be and under what conditions a person should be considered an Indian citizen before the enactment of the Constitution:

(1) Article 5: Acquisition of citizenship by birth or residency :

At the time of enactment of the Constitution, i.e. 26 January 1950, all permanent residents of India shall be Indian citizens and those who have been residing in India for at least five years immediately before the enactment of the Constitution shall be deemed to be citizens of India.

(2) Article 6: Acquisition of citizenship of persons coming from Pakistan:

Those who left Pakistan and settled in India before July 19, 1948, will be considered Indian citizens. But those who came to India after July 19, 1948, will also become citizens of India if they apply to the higher authorities before the date of enactment of the Constitution (January 26, 1950).

(3) Article 7: Provides selected immigrants to Pakistan with citizenship rights.

The citizenship net includes people who had gone to Pakistan after March 1, 1947, but later came back with resettlement permits.

(4) Article 8: Provides citizenship rights to some Indians who reside in countries other than India.

Any Person of Indian Origin living outside of India who was born in India, or who had either of their parents or grandparents born in India, is eligible to register with the Indian diplomatic mission as an Indian citizen.

(5) Article 9: With the restriction that one will no longer be a citizen of India if he/she freely acquires citizenship in another country.

(6) Article 10: Any individual who is deemed to be an Indian citizen by any of the provisions of this Part must remain so and be bound by any laws passed by the Parliament.

(11) Article 11: The Parliament has the authority to establish any rules pertaining to the obtaining, losing, or changing of citizenship, as well as any other citizenship-related issues.

#2 Indian Citizenship Act of 1955:

The Indian Parliament passed the Indian Citizenship Act in 1955 as per the powers vested in Article 11. This law specifically addresses the conditions for acquiring citizenship –

(1) Citizenship by Birth on Jus Soli

All persons residing in India on or after January 26, 1950, will be Indian citizens. However, after birth, their parents must be Indian citizens and will not be able to enjoy immunity like a foreign ambassador.

(2) Citizenship by descent on Jus Sanguinis:

Those born outside India on or after January 26, 1950, if their parents are Indian citizens, will be Indian citizens by blood relationship.

(3) Citizenship by Registration:

When applying for citizenship in India, particular authorities can register certain categories of persons as Indian citizens. Those who can become Indian citizens in this way are

1. A foreign woman who is married to an Indian citizen.
2. Non-adult children of Indian nationals.
3. Healthy-minded citizens of Commonwealth countries like Britain, Australia, New Zealand, Canada, Sri Lanka, etc.

(4) Citizenship by Naturalization:

According to Section 6 of the Act, foreigners can obtain Indian citizenship through naturalization (by applying to fulfill certain conditions) if they can satisfy certain conditions laid down by the Government of India.

(5) Acquiring Citizenship through enrollment:

Citizens of Commonwealth countries share the status of Commonwealth citizens in India. Citizens of Commonwealth countries like Great Britain, Australia, New Zealand, Canada, Sri Lanka, etc. enjoy special privileges in this country. Commonwealth countries are not considered foreign countries to India.

Termination of Indian Citizenship:

Under the Act of 1955, the reasons for the abolition of Indian citizenship are discussed below –

1. Voluntarily relinquishing Indian citizenship.
2. If an Indian citizen acquires citizenship of another country through naturalization or approval.
3. The Government of India may terminate the citizenship of those who have become citizens of India through registration by directing the following reasons:
   (a) acquiring citizenship in a dishonest manner
   (b) disrespecting the Indian Constitution
   (c) serving two years imprisonment in a country at war with India
   (d) If you have lived outside India for 7 years.

Citizenship Amendment Act of 2003

1. Revision increases strict criteria for infiltration from Bangladesh.
2. Born on or after December 4, 2004, individuals must have Indian nationals as both parents or one Indian citizen and the other not an illegal migrant.
3. Illegal migrants cannot claim citizenship through naturalization or registration after seven years in India.

Citizenship Amendment Act (CAA) 2019

The Citizenship Amendment Bill (CAB) was introduced in 2019 and later became the Citizenship Amendment Act (CAA). It amended the 1955 Citizenship Act to grant Indian citizenship to religious minority groups from neighboring countries. Key Features are –

1. Even without proper documents, Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians are legitimate immigrants to India.
2. includes a special citizenship application column for those who are applying from six communities across three countries.
3. They would not be expelled as undocumented immigrants in accordance with the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920.
4. According to the 1955 Citizenship Act, naturalization decreases the 12-year residency requirement for permanent citizenship to just 7 years.

What type of citizenship is recognized in India?

One citizenship policy has been adopted for the unity and solidarity of India. Article 3 of the Indian Constitution states that citizenship means complete/integral citizenship. The Indian Constitution does not recognize dual citizenship or dual allegiance. There is no separate citizenship system for the country. At present, the existence of dual citizenship can be observed in a few places like America, Switzerland, etc. Article 11 of the Constitution allows Parliament to regulate matters relating to the right to citizenship in accordance with the law.

What is dual citizenship?

Multiple/dual citizenship (or numerous/dual nationality) is a legal status in which a person is simultaneously considered a national or citizen of multiple nations under their respective laws.
Citizens of some nations are not permitted to hold dual citizenship. Before attempting to obtain dual citizenship, double-check to verify if your country allows it.

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