Citizenship - Polity and Constitution, UPSC, IAS. UPSC Notes | EduRev

Polity and Constitution (Prelims) by IRS DevShree

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UPSC : Citizenship - Polity and Constitution, UPSC, IAS. UPSC Notes | EduRev

The document Citizenship - Polity and Constitution, UPSC, IAS. UPSC Notes | EduRev is a part of the UPSC Course Polity and Constitution (Prelims) by IRS DevShree.
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Citizenship
Chapter -4

Part II - consists of Articles 5 - 11 on CITIZENSHIP

Citizens of India have the following rights under the Constitution which aliens shall not have:

  1. Some of the Fundamental Rights belong to citizens alone- Art 15, 16,19
  2. Only citizens are eligible for certain offices such as: President, Vice President, Judges of Supreme Court and High Courts, Attorney General, Governor of states, Advocate –General.
  3. The Right to Suffrages for election to the Houser of people & Legislative Assembly of state and right to become M.P & M.L.A are also confined to citizens.

All the above rights are denied to aliens whether they are friendly or enemy. But enemy aliens suffer from a special disability; they are not entitled to the benefit of Art 22 relating to arrest and detention.

 An enemy alien includes not only the subjects of a state but also Indian citizens who voluntarily reside in or trade with such a state. 

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

Rights of citizenship of certain persons who have migrated to India from Pakistan.— Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

  1. he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
  2. (i.) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii.) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that  behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:
Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

 Article 7

Rights of citizenship of certain migrants to Pakistan.— Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

 Article 8

Rights of citizenship of certain persons of Indian origin residing outside India— Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

Article 9

Persons voluntarily acquiring citizenship of a foreign State not to be citizens.— No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Article 10

Continuance of the rights of citizenship.— 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 Parliament, continue to be such citizen.

 Article 11

Parliament to regulate the right of citizenship by law — Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Part II of the Constitution simply describes classes if a person living in India at the commencement of the Constitution, i.e. 26th January 1950, and leaves the entire law of the citizenship to be regulated by legislations made by the Parliament.
• In exercise of its power, the Parliament enacted the Indian Citizenship Act, 1955, which was subsequently amended in 1986.

• The Act 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.

1. By birth: Every person born in India on or after 26 January L950, shall be a citizen of India by law of soil (Jus Soli), provided either or both of his/her parents are citizens of India at the time of his/her birth.'

• But this law does not apply where his/her father is a diplomat of any other country or is an enemy alien at the time of his/her birth.
2. By descent: Broadly, a person born outside India on or after January 26, 1950, is a citizen of India by descent if his/her either of the parents is a citizen of India at the time of that person's birth i.e. law of blood (Jus Sanguine).

3. By registration: The prescribed authority may, on application, register as a citizen of India, any person who is not a citizen by virtue of Constitution or the provisions of the Citizenship Act.

• This mode of acquiring citizenship is available to any of the following categories:
a) persons of Indian origin who are ordinarily resident in India for 5 years immediately before making an application for registration

b) persons of Indian origin who are ordinarily resident in any country or place outside India
c) women who are, or have been married to citizens of India
4. By naturalization: Citizenship by naturalisation can be acquired by making an application in the prescribed manner. The qualifications for naturalisation are the following:
a) He must be a person of full age and capacity

b) He must not be a citizen of a country where Indian citizens are prevented from becoming citizen by naturalization

c) He has renounced the citizenship of the other country

d) He has either resided in India or has been in Government service for 12 months before the date of making the application for naturalisation, or during 7 years prior to these 12 months, he has resided or has been in the Government service for not less than four years

e) He must take an oath of allegiance

f) He is of a good character

g) He has an adequate knowledge of a language recognised by the Constitution

5. By incorporation of territories: If any new territory becomes a part of India, after a popular verdict, the Government of India shall specify the person of that territory to be the citizen of India.

Termination of citizenship

The Citizenship Act, 1955 also lays down three modes by which an Indian citizen may lose his/ her citizenship. These are renunciation, termination and deprivation.

Renunciation
It is a voluntary act by which a person, after Requiring the citizenship of another country, gives up his Indian citizenship. This provision is subject to certain conditions.

Termination
• Takes place by operation of law when an Indian citizen voluntarily acquires the citizenship of another country

• He automatically ceases to be an Indian citizen.

Deprivation
•It is a compulsory termination of the citizenship of India obtained by registration or Naturalisation, by the Government of India, on charges of using fraudulent means to acquire citizenship.

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