India has two kinds of people

• Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
  • Aliens, on the other hand, are the citizens of some other state and hence, do not enjoy all the civil and political rights.
• They are of two categories—friendly aliens or enemy aliens.
  • Friendly aliens are the subjects of those countries that have cordial relations with India.
• Enemy aliens, on the other hand, are the subjects of that country that is at war with India. They enjoy lesser rights than the friendly aliens, e.g., they do not enjoy protection against arrest and detention (Article 22).

Rights and Privileges given only to the Citizens of India

• Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
• Right to equality of opportunity in the matter of public employment (Article 16).
• Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
• Cultural and educational rights (Articles 29 and 30).
• Right to vote in elections to the Lok Sabha and state legislative assembly.
• Right to contest for the membership of the Parliament and the state legislature.
• Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.

Constitutional Provisions

• The Constitution deals with the citizenship from Articles 5 to 11 under Part II.
• It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950). It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship.
• Accordingly, following laws were brought about

• Article 5 – A person who had his domicile in India and also fulfilled any one of the three conditions –
• if he was born in India;
• if either of his parents was born in India;
• if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution, became a citizen of India
• Article 6 – A person who migrated to India from Pakistan became an Indian citizen if he or either of his parents or any of his grandparents was born in undivided India and also fulfilled any one of the two conditions –
  • in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration;
  • or in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration

• Article 7 – A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen. For this, he had to be resident in India for six months preceding the date of his application for registration.
• Article 8 – A person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution. Thus, this provision covers the overseas Indians who may want to acquire Indian citizenship.
• The other constitutional provisions with respect to the citizenship are as follows:
• Article 9 – No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.
• Article 10 – Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.
• Article 11 – Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

ACQUISITION OF CITIZENSHIP
(According to the Citizenship Act of 1955)

• By Birth
• By Descent
• By Registration
• By Naturalisation
• By Incorporation of Territory
• Special Provisions as to Citizenship of Persons Covered by the Assam Accord – The Citizenship (Amendment) Act, 1985, added special provisions as to citizenship of persons covered by the Assam Accord which related to the – foreigners in Assam – issue

By Birth

• A person born in India between 26th January 1950 – 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.
• A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.
• Further, those born in India on or after 3rd December 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
• The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

By Descent

• A person born outside India, between 26/01/1950 – 10/12/1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
• A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
• From 3rd December 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
• An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.
• Further, a minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age.

By Registration

• The Central Government may register as a citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories, namely:
• a person of Indian origin who is ordinarily resident in India for 7 years before making an application for registration;
• a person of Indian origin who is ordinarily resident in any country or place outside undivided India
• a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration
• minor children of persons who are citizens of India
• a person of full age and capacity whose parents are registered as citizens of India
• a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration
• a person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.
  • A person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th August, 1947. All the above categories of persons must take an oath of allegiance before they are registered as citizens of India.

By Naturalisation

• The Central Government may grant a certificate of naturalisation to any person:
• that he is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation
• that, if he is a citizen of any country, he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted
• that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application
• that during the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years
• that he is of good character
• that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution
• that in the event of a certificate of naturalisation being granted to him, he intends to reside in India
• However, the Government of India may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.
• Every naturalised citizen must take an oath of allegiance to the Constitution of India

By Incorporation of Territory

• If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India.
• Such persons become the citizens of India from the notified date.
• For example, when Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955

LOSS OF CITIZENSHIP
(According to the Citizenship Act of 1955)

• Renunciation
  • By making a declaration renouncing his Indian citizenship.
  • Upon the registration of that declaration, that person ceases to be a citizen of India.
  • Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship.
  • However, when such a child attains the age of eighteen, he may resume Indian citizenship. (by descent clause)
• Termination
  • When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates.
• This provision, however, does not apply during a war in which India is engaged
• Deprivation
• It is a compulsory termination of Indian citizenship by the Central government, if:
• the citizen has obtained the citizenship by fraud:
• the citizen has shown disloyalty to the Constitution of India
• the citizen has unlawfully traded or communicated with the enemy during a war
• the citizen has, within 5 years after registration or naturalisation, been imprisoned in any country for two years
• the citizen has been ordinarily resident out of India for seven years continuously.

OVERSEAS CITIZEN OF INDIA

1. The Citizenship (Amendment) Act, 2015, has modified the provisions pertaining to the OCI in the Principal Act.
2. It has introduced a new scheme called “Overseas Citizen of India Cardholder” by merging the PIO card scheme and the OCI card scheme.
3. Who can register as an OCI?
4. Any person of full age and capacity-
   • who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution
   • who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution
   • who is a citizen of another country, but belonged to a territory that became part of India after the 15th August,1947
   • who is a child or a grandchild or a great grandchild of such a citizen;
5. a person, who is a minor child of a person mentioned in clause (a)
6. a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India
7. spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years.
   • No person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan and Bangladesh shall be eligible for registration as an Overseas Citizen of India Cardholder.

Rights given to OCIsEntitled to such rights, as the Central Government may specify in this behalf

An Overseas Citizen of India Cardholder shall not be entitled to the following rights (which are conferred on a citizen of India)—

1. He shall not be entitled to the right to equality of opportunity in matters of public employment.
2. He shall not be eligible for election as President.
3. He shall not be eligible for election as Vice-President
4. He shall not be eligible for appointment as a Judge of the Supreme Court.
5. He shall not be eligible for appointment as a Judge of the High Court.

• He shall not be entitled for registration as a voter. **
• He shall not be eligible for being a member of the House of the People or of the Council of States.
• He shall not be eligible for being a member of the State Legislative Assembly or the State’s Legislative Council.
• He shall not be eligible for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may specify.

 

 

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