Citizenship

citizenship

In simple words, A citizen of a state is a person who enjoys filling civil and political rights in a country. The fundamental rights are available to the citizen only are (Article 15, Article 16, Article 19, Article 29 and 30). Aliens do not enjoy these rights. Not only rights there are certain officers which can be occupied by a citizen only such as- office of president, vice president, judges of the supreme court and high courts, attorney general, advocate general and governor of states, and members of states as well as state legislatures.

  1. Citizenship at the commencement of the constitution (Jan 26, 1950)

Persons who acquired citizenship at the commencement of the constitution by virtue of article 5-8 can be divided into the following categories.

1. Citizenship by domicile (Article 5): Acc. To Article 5, a person is entitled to citizenship by domicile if he fulfils the following condition:-

(a) He must, at the commencement of the constitution have his domicile in the territory of India.

(b) He must fulfil three conditions lay down in this article,i.e.:-

  • He was born in the territory of India.
  • Either of whose parents were born in the territory of India.
  • Who has been ordinarily resident in the territory of India for not less than 5 years, immediately before the commencement of the constitution.

DOMICILE of a person in that country in which he either has or is a demand by law to have his permanent house. Two elements must be proved to establish domicile:-

  • Residence of a particular kind.
  • An intention to reside

CASE: PRADEEP JAIN V/S INDIA (AIR 1984 SCL 142)

The SC has held that in India Article 5 recognize only one domicile which is a domicile of India, it does not recognize the notion of state domicile.

CASE: LOUIS DO RAEDT V/S UNION OF INDIA(1991)

The petitioners came to India before independence and saying on the west of foreign passport they demand citizenship by virtue of article 5(c) but the court held that they had no intention to reside in India permanently so they were not given citizenship.

CASE: MICHAEL V/S STATE OF BOMBAY

A person came from Goa to Bombay in his childhood, was educated there, had resided there, since then. He was held to be Indian citizenship by domicile.

 2. Citizenship of migrants to India from Pakistan (Article 6): Article 6 divides emigrants of Pakistan into two categories-

(i) A person who migrated from Pakistan to India before July 19, 1948, shall be deemed to be a citizen of India if –

    • He or either of his parents or grandparents were born in India (as defined in govt. Of IndiaAct 1935) and
    • He has been ordinarily residing in the territory since the date of his immigration.

(ii) A person who migrated from Pakistan to India on after July 19, 1948, shall be deemed to be the citizen of India if –

    • He or either of his parents or grandparents were born in India (as defined in govt. Of IndiaAct 1935) and
    • He applied for citizenship and was registered as a citizen by the officers appointed for this purpose.

Article 6 provided that he shall be registered only if he has been a resident of India for not less than 6 months before his applied.

3. Citizenship of migrants of Pakistan(Article 7)

  • A citizen by domicile or by migration cases to be a citizen if he has migrated to Pakistan after March 1, 1947.
  • But the person who has returned to India on the cases of a permit for resettlement in India such a person is entailed to become a citizen of India if he fulfils other condition necessary for immigrants from Pakistan after 19 July 1948 under article 6.
  • He can register himself as a citizen of India in the same manner as a person migrating from Pakistan after 19 July 1948.

CASE:- NISAR V/S UNION OF INDIA:

If a person has migrated to or has gone to Pakistan on a temporary visit only and has to be decided on the facts and circumstances of each case.

4. Citizenship of person of India origin residing outside India(Article 8): Article 8 provided that a person, either of whose parents or grandparents were born in India but is ordinarily residing in a foreign country, shall be a citizen of India, if-

  • He has been registered as a citizen of India by the diplomatic or consular representative of India in that foreign country.
  • On application is given by that person to such diplomatic or consular representative.
  • Such an application might be given before or after the commencement of the constitution.

5. Persons voluntarily acquiring citizenship of a Foreign state (Article 9): it provides that if a person voluntarily acquires the citizenship of any foreign state, he shall not be able to claim to be a citizen of India under Article 5, 6 and 8.

6. Continuance of The Right of citizenship Article 10: provided that every person who is or is deemed to be a citizen of India under any of the foregoing provision shall continence to be a citizen of India, subject to provision of any law that may be made by parliament cannot take away right of citizenship directly by making law it cannot be taken away indirectly.

7. Parliament to regulate the right of citizenship (Article 10): Parliament has the power to make provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Citizenship after the commencement of citizenship Act 1955

Parliament in the exercise of the power given to it under Article 11 of the constitution has passed THE CITIZENSHIP ACT 1955, making provisions for acquisition and termination of citizenship after the commencement of the constitution.

Acquisition of Indian citizenship in 5 ways:

1. CITIZENSHIP BY BIRTH (SECTION 3):

  • Every person born in India on or after 26 Jan. 1950 but before 1st July 1987 or
  • He is born on or after 1 July 1987 but before the commencement of citizenship (Amendment) Act 2003 and either of whose parents is a citizen of India at the time of his birth, or
  • He is born on or after the commencement of citizenship(Amendment) Act 2003 and
    • Both of his parents are a citizen of India
    • One of whose parents is a citizen of India and other is not an illegal migrant.

2. CITIZENSHIP BY DESCENT (SECTION 4):

A person born outside India shall be a citizen of India by descent if he is born:-

  • On or after 26 Jan.1950, but before 10th December 1992 and his father is a citizen of India at the time of his birth, or
  • On or after 10th December 1992 and either of whose parents is a citizen of India at the time of his birth.

3. CITIZENSHIP BY REGISTRATION (SECTION 5):

According to the provision of sec.5(1) an application made by a person, the prescribed authority may register him as citizen of India if he belongs to any of the categories as given in this section.

4. CITIZENSHIP BY NATURALIZATION (SECTION 6):

Where an application in the prescribed manner is made by any person of full age and capacity, the central govt. If satisfied grant him a certificate of naturalization. For those qualifications are:

  • He has Renounced the citizenship of the other country
  • He is of good character
  • He has adequate knowledge of a language
  • He must not a citizen of a country where Indian citizen prevented from becoming a citizen by naturalization.

5. CITIZENSHIP BY ACQUISITION OF TERRITORY (SECTION 7):

If any necessary territory becomes a part of India the govt. Of India shall specify the person of the territory to be citizens of India.

TERMINATION  OF CITIZENSHIP– The citizenship Act , 1955 lay down how citizenship of India may be lost whether it was acquired under citizenship Act 1955 or person to It there are three ways:-

  • Renunciation of citizenship– An Indian citizen of full age and capacity can renounce his Indian citizenship by making a declaration and having it registered when a male person renounces his citizenship every humus child of his ceased to be an Indian citizen such a child however if he makes a declaration within a year of attaining full age.
  • By acquisition of citizenship of another country – If a citizen of India voluntarily acquires the citizenship of another country he shall cease to be an Indian after that acquisition.
  • Deprivation of citizenship- A citizen of India may be deprived of his citizenship by an order of central govt. On satisfaction of the grounds as given under Sec. 10 of the Act such as – The Registration or naturalization was obtained by means fraud, false representation or concealment of fact, He has been ordinarily residing out of India for seven years continuously, etc.

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