CITIZENSHIP
Topics Discussed: -
·
Introduction
·
Basic Articles
·
Explanation of Articles
·
Acquisition of Citizenship
·
Loss of Citizenship
·
PIO and OCI Cardholders
·
PRACTICE QUESTIONS
·
Introduction and Importance of Citizenship
ü Citizenship is the status granted to a person recognized under the
custom or law as being a member of a state.
ü An individual is considered to be stateless if he/she does not
have any citizenship. A “stateless person” is someone who is not considered as
a national by any state under the operation of its law (Article 1 of the 1954
Convention relating to the Status of Stateless Persons).
ü For Example
ü The Rohingya people of Myanmar have had their citizenship rights
curtailed by the Government of Myanmar.
ü The Bidoon community in Kuwait and the Kurdish community in Iraq
have been subjected to statelessness on various grounds.
· Basic Articles
1.
Citizenship
is listed in the Union List under the constitution and is thus under exclusive
jurisdiction of Parliament.
2.
The Constitution
does not define the term ‘citizen’ but details of various categories of
persons who are entitled to citizenship are given in Part 2 (Articles 5 to
11).
· Explanation of Articles
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 was 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.
Article 6: It provided rights
of citizenship of certain persons who have migrated to India from
Pakistan.
1.
Since
Independence was preceded by Partition and migration, Article 6 laid down that
anyone who migrated to India before July 19, 1949, would
automatically become an Indian citizen if either of his parents or grandparents
was born in India.
2.
But
those who entered India after this date needed to register themselves.
·
Article 7: Provided Rights of citizenship of certain
migrants to Pakistan.
A.
Those
who had migrated to Pakistan after March 1, 1947 but subsequently returned on
resettlement permits were included within the citizenship net.
B.
The
law was more sympathetic to those who migrated from Pakistan and called them
refugees than to those who, in a state of confusion, were stranded in Pakistan
or went there but decided to return soon.
Article 8: Provided Rights of
citizenship of certain persons of Indian origin residing outside India.
A.
Any
Person of Indian Origin residing outside India who, or either of whose parents
or grandparents, was born in India could register himself or herself as an
Indian citizen with Indian Diplomatic Mission.
1.
Article
9: Provided that if any person voluntarily acquired the citizenship
of a foreign State will no longer be a citizen of India.
2.
Article10: It
says that 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 the Parliament, continue to be such
citizen.
3.
Article
11: Powers to Parliament
It
empowers Parliament to make any provision with respect to the
acquisition and termination of citizenship and all matters relating to it.
·
ACQUISITION
OF INDIAN CITIZENSHIP
1.
The
Citizenship Act 1955, provides for the acquisition of Indian Citizenship after
the commencement of the Constitution in five ways; i.e. birth, descent, registration,
naturalization and incorporation of territory.
2.
This
Act 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.
·
By Birth:
1.
Every
person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian
citizen irrespective of the nationality of his/her parents.
2.
Every
person born in India between 01.07.1987 and 02.12.2004 is a citizen of India
given either of his/her parents is a citizen of the country at the time of
his/her birth.
3.
Every
person born in India on or after 3.12.2004 is a citizen of the country given
both his/her parents are Indians or at least one parent is a citizen and the
other is not an illegal migrant at the time of birth.
·
By Registration: Citizenship
can also be acquired by registration. Some of the mandatory rules are:
1.
A
person of Indian origin who has been a resident of India for 7
years before applying for registration.
2.
A
person of Indian origin who is a resident of any country outside undivided
India.
3.
A
person who is married to an Indian citizen and is ordinarily resident
for 7 years before applying for registration.
4.
Minor
children of persons who are citizens of India.
·
By Descent:
1.
A
person born outside India on or after January 26, 1950 is a citizen of India by
descent if his/her father was a citizen of India by birth.
2.
A
person born outside India on or after December 10, 1992, but before December 3,
2004 if either of his/her parent was a citizen of India by birth.
3.
If
a person born outside India or after December 3, 2004 has to acquire
citizenship, his/her parents have to declare that the minor does not hold a
passport of another country and his/her birth is registered at an Indian
consulate within one year of birth.
·
By Naturalization:
A
person can acquire citizenship by naturalization if he/she is ordinarily
resident of India for 12 years (throughout 12 months preceding the date of
application and 11 years in the aggregate) and fulfils all qualifications
in the third schedule of the Citizenship Act.
NOTE: If a new territory becomes a part of India, the government of
India specifies the persons of that territory who shall be the citizens of
India.
Termination
of Indian Citizenship
Termination of the citizenship is
possible in three ways according to the Act:
·
Renunciation:
If any citizen of India who is also a national of another country renounces his
Indian citizenship through a declaration in the prescribed manner, he ceases to
be an Indian citizen. When a male person ceases to be a citizen of India, every
minor child of his also ceases to be a citizen of India. However, such a child
may within one year after attaining full age become an Indian citizen by making
a declaration of his intention to resume Indian citizenship.
·
Termination:
Indian citizenship can be terminated if a citizen knowingly or voluntarily
adopts the citizenship of any foreign country.
·
Deprivation:
The government of India can deprive a person of his citizenship in some cases.
But this is not applicable for all citizens. It is applicable only in the case
of citizens who have acquired the citizenship by registration, naturalisation
or only by Article 5 Clause (c) (which is citizenship at commencement for
domicile in India and who has ordinarily been a resident of India for not less
than 5 years immediately preceding the commencement of the Constitution).
·
Persons of Indian Origin (PIO) Card
A
person would be eligible for the PIO card if he:
1.
Is
a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka,
Nepal, Bangladesh, Bhutan, China or Afghanistan, or?
2.
Has
held an Indian passport at any other time or is the spouse of a citizen of
India or a person of Indian origin.
Note: PIO cardholders can enter
India with the multiple entry feature for fifteen years. They do not need a
separate visa.
·
Overseas Citizen of India (OCI) Card
1.
OCI
Card is for foreign nationals who were eligible for Indian citizenship on 26th
January 1950 or was an Indian citizen on or after that date.
2.
Citizens
of Pakistan and Bangladesh are not eligible for OCI Card. An OCI card holder
does not have voting rights.
·
Note: What is OCI Card?
1.
OCI
is not dual citizenship. OCI cardholders are not Indian citizens.
2.
The
OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
3.
Persons
with OCI Cards have equal rights as NRIs in terms of financial, educational and
economic matters. But they cannot acquire agricultural land in India.
· PRACTICE
QUESTIONS
Q.1. Consider the following statements.
1. Asylum is the legal
protection granted to people in any country who are afraid to return to their
home country.
2. Domicile means to
stay in a country with the intention of making it his or her permanent home.
3. Expelling an alien
is called deportation.
4. Resident is one who
resided in the country for certain number of days.
Which of the above statement is / are
correct?
a. 1 only
b. 1, 2 & 4 only
c. 2 only
d. All of the above
ANS: D
Q.2. Consider the following statements.
1. The provisions
relating to citizenship are contained in Articles 5 to 11 in Part II of the
constitution of India.
2. The constitution of
India provided a single citizenship for the entire country.
3. Since 2003, dual
citizenship is allowed by Indian law that is called overseas citizens of India.
4. A non-resident
Indian is a citizen of India but has not resided in India for the required
number of days.
Which of the above statement is / are
correct?
a. 1 only
b. 1 & 4 only
c. 2, 3 & 4
only
d. All of the above
ANS: D
Q.3. Consider the following statements.
1. Those born in India
on or after 26th January 1950 but before 1st July 1967 are citizens of India by
birth, irrespective of the nationality of their parents.
2. Those born in India
on or after July 1987, are considered citizens of India only if either of their
parents is a citizen of India at the time of their birth.
3. Those born outside
India on or after 26th January 1950 but before 10th December 1992 are citizens
of India by descent, if their father was a citizen of India at the time of
their birth.
4. Any question
related with citizenship, shall be determined by the concern state in which the
citizen have its voter ID.
Which of the above statement is / are
correct?
a. 1 only
b. 2 only
c. 3 only
d. 4 only
ANS: D
Q.4. Which of the statement is incorrect?
a. The facility of
overseas citizenship of India was made available to all the person of Indian
origin of any country.
b. Dual citizens do
not have voting rights.
c. Neither can they be
elected to Public Office nor they eligible for defence job.
d. Dual citizens do
not required visa for travel to India.
ANS: A
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