|Meaning of Citizenship||India:
a) Friendly: subjects of those countries that have cordial relations with India
b) Enemy: subjects those countries which is at war with India
· Citizens: members of the state, owe allegiance, enjoy rights, shoulder responsibilities
· Aliens do not enjoy all rights: they are members of another state.
· Enemy aliens: Do not have fundamental rights under Article 22 (Arrest and Detention).
|Privileges of citizenship||Article 15: right against discrimination
Article 16: right to equality of opportunity in public employment
Article 19: freedom of speech and expression
Articles 29 and 30: Cultural and educational rights
|Citizens Assigning Duties||Citizens are assigning duties –
· Both naturalised citizen & citizen by birth can hold office of President
· In comparison, USA allows only a citizen by birth to hold the office of President.
Provisions related to Citizenship
|chg Types of Citizens at the Commencement of the Constitution|
|Article-5||Person having domicile In India:
1. Born in India
2. Either parents or Both Born in India
3. If he has been ordinary resident for 5 years before commencement of the Constitution.
|Article-6||Person migrated from Pakistan:
1. if he or either of his parents or any of his grandparents was born in undivided India
2. If he migrated
a) before 19/07/1948 & he is ordinary resident OR
b) on or after 19/07/1948, he can be registered – after 6 month being as resident.
|Article-7||Person who migrated to Pakistan from India after March 1, 1947 but later returned 6 month being as resident preceding date of application|
|Article-8||Persons of Indian origin residing outside India:
1. A person who, or any of whose parents or grandparents, was born in undivided India
2. Ordinarily residing outside India
3. Registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence.
|Article-9||Citizenship will be taken if he acquires membership of foreign nation.|
|Article-10||Citizenship is – Parliamentary Law|
|Article-11||Parliament acquisition and termination of citizenship|
|Citizenship Act||1955, 57, 60, 85, 86, 92, 03, 05, 015, 019
Further amended in – (1986, 2003, 2005) –
1. By Birth –
Ø Born in India on or after 26/01/1950 but before 1/07/1987 in India irrespective of parents citizenship.
Ø After 1/07/1987 – Citizen – if either his parents Indian.
Ø After 3/12/2004 – Citizen – If both are Indian one is Indian & other is not illegal immigrants.
Ø Child of foreign diplomats and enemy aliens. (not citizens)
2. By Descent –
Ø Person born outside territory of Indian can apply if at the time of birth either of the parents is a citizen of India.
Ø After 3/12/2004 born outside – should get registration with 1 Year or allotted by govt.
3. By Registration –
Ø 7 year Residence, minor, Children whose parents are Indian.
Ø A person who is married to a citizen of India.
Ø Indian origin who is ordinarily resident in any country.
Ordinarily resident – Resided in India throughout the period of 12 months immediately before making application.
4. By Naturalisation –
Ø He/she must belong to country where similar provision is given for Indian citizen.
Ø Either resided or been in service of GOI.
Ø Can apply after 11 years of lawful residence in Indian preceding to 12 month of submitting application.
Ø For persons migrated from Pakistan, Afghanistan and Bangladesh – before 31st December 2015 – belonging to Hindu, Sikh, Parsi, Christian, Jain and Buddhist – Can acquire after 5 years of lawful residence proceeding 12 months of submitting application
5. By incorporation of territory –
Loss of citizenship –
1. By Renunciation (Voluntary Surrender)
2. By Termination (on getting other Countries citizenship)
3. By Deprivation (Termination in case of fraud, misrepresent)
Dual citizenship – two Limitations –
1. No Right to Vote
2. Cannot hold Constitutional post in India.
|NRI, PIO, OCI Cardholders||
Get all essential Crux notes by clicking here https://diademy.com/product/staticcrux/