CITIZENSHIP
·
Citizenship –
Part II (Article 5-11).
·
Concept has been
taken from UK/Britain.
·
Type - Single.
·
Maximum
provinces of citizenship have been taken from The Govt. of India Act - 1935.
·
There are three
types of Citizenship:
1.
Single:
Citizenship of the country only. Example – Indian and Canadian.
2.
Dual:
Citizenship of the country and province also. Example – USA
3.
Double:
Citizenship of two countries at a time. Example – Amartya Sen, Mather Teresa
·
Presently there
are 24 Parts in Indian Constitution.
Ø Article 5:
o (a) Citizenship of the commencement of the
constitution – at the commencement of the constitution every persons who has
his domicile in the territory of India;
and (b) who was born in the territory of India;
or (c) either of whose parents was born in the
territory of India;
or (d) who has been ordinarily resident of in the
territory of India for not less than five years immediately before such
commencement;
shall be a citizen of India.
Ø Article 6:
o Right of citizenship
of person migrating from Pakistan to India –
A person who has migrated from Pakistan to India shall be he citizen of India
if such person fulfills the following two conditions:
(a)
He or either of
his parents of any of his grandparents was born in undivided India,
And
(b) the person has migrated to India before 19th July, 1948 or, if
he as migrated after this date such a person has been registered as a citizen
of India by an officer appointed for that purpose.
Ø Article 7:
o Right of
citizenship of person migrating from India to Pakistan – A person migrating to Pakistan from India after 1st
March, 1947, shall not be the citizen of India. However, if such person returns
to India under a permit of re-settlement, he or she will be the citizen of
India after registration by a officer appointed by the Govt. of India.
Ø Article 8:
o A person of Indian origin originally residing in any
country outside of India shall be the citizen of India;
if, (a) such a person of either of whose parents or
any of whose grandparents was born in undivided India,
and (b) he has been registered as a citizen of India
by the diplomatic representative of India in that Country.
Ø Article 9:
o If a person voluntarily aquired the citizenship
of a foreign state, that person shall
not be the citizen of India.
Ø Article 10:
o Constituency of the rights of citizenship – every
person who is a citizen of India under-above
provinces shall continue to be the citizen of India subject to the lodge
made by the parliament.
Ø Article 11:
o The parliament has the power to regulate by law all
other matter relating to the citizenship.
Accordingly the parliament has enacted the
Citizenship Act in 1955 (This act was amended in 1986 and 1992). This act
provides for five ways for acquisition and three ways for termination of
citizenship.
o Acquisition of Citizenship:
(a)
By Birth: On or
after 26th January, 1950.
(b)
By Decent: If
his father is a citizen of India at the time of his birth.
(c)
By Registration:
I. At least 5 years resident.
II. Residing
outside undivided India.
III. Women who marry citizen of India.
IV. Minor children of Indian citizen.
V. Citizens of Commonwealth Countries.
Any one of the above.
(d)
By Naturalization
(e)
By Incorporation
of territory.
o The citizenship can be lost by –
(a)
Deprivation
(b)
Renunciation
(c)
Termination
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