LUXMIKANT POLITY CRUX NOTES-CHAPTER-6

1.       Citizens

2.       Aliens

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).

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

·         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.

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.

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.

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.

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 31^st 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.