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Page 1 Lecture 4 Citizenship Capstone IAS Learning Page 2 Lecture 4 Citizenship Capstone IAS Learning What will we cover What is Citizenship ? Rights and Privileges to Indian Citizens. Article 5 - 11 Citizenship Act, 1955. Overseas Citizen of India(OCI) Citizenship Amendment Act and the recent Controversy. Page 3 Lecture 4 Citizenship Capstone IAS Learning What will we cover What is Citizenship ? Rights and Privileges to Indian Citizens. Article 5 - 11 Citizenship Act, 1955. Overseas Citizen of India(OCI) Citizenship Amendment Act and the recent Controversy. Citizenship The population of a State is divided into 2 classes : 1. Citizens - those who enjoy full political and civil rights and are full ?edged members of a political community. 2. Aliens - they do not enjoy all civil and political rights and are not members of the political community. The question of citizenship became particularly important at the time of making of our Constitution because the Constitution sought to give certain rights and privileges to those who were entitled to Indian citizenship while they were to be denied to aliens. Page 4 Lecture 4 Citizenship Capstone IAS Learning What will we cover What is Citizenship ? Rights and Privileges to Indian Citizens. Article 5 - 11 Citizenship Act, 1955. Overseas Citizen of India(OCI) Citizenship Amendment Act and the recent Controversy. Citizenship The population of a State is divided into 2 classes : 1. Citizens - those who enjoy full political and civil rights and are full ?edged members of a political community. 2. Aliens - they do not enjoy all civil and political rights and are not members of the political community. The question of citizenship became particularly important at the time of making of our Constitution because the Constitution sought to give certain rights and privileges to those who were entitled to Indian citizenship while they were to be denied to aliens. Citizens of India have following exclusive rights under Indian Constitution: 1. Fundamental Rights under articles 15, 16 and 19 belong exclusively to Indian citizens. 2. Only citizens are eligible for certain of?ces like the of?ce of: President[Article 58(1) (a)]; Vice-President[Article 66(3)(a)]; Judge of Supreme Court[Article 124(3)] or of a High Court[Article 217(2)]; Attorney General[Article 76(2)]; Governor of a State[Article 157]; Advocate General[Article 165]. 3. The right of suffrage for election to the House of P eople(of the Union) and the Legislative Assembly of every State[Article 326] 4. The right to become a member of Parliament[Article 84] and of the legislature of a State[Article 191(d)] are also con?ned to citizens. All the above rights and privileges are denied to aliens[both ‘friendly’ and ‘enemy’]. An ‘enemy’ alien not only includes subjects of a State at war with India but also Indian citizens who voluntarily reside in or trade with such a State. But many ‘enemy’ aliens suffer from a special disability of not being entitled to bene?t of procedural provisions in Clause (1) & (2) of Article 22, which deals with arrests and preventive detention. Page 5 Lecture 4 Citizenship Capstone IAS Learning What will we cover What is Citizenship ? Rights and Privileges to Indian Citizens. Article 5 - 11 Citizenship Act, 1955. Overseas Citizen of India(OCI) Citizenship Amendment Act and the recent Controversy. Citizenship The population of a State is divided into 2 classes : 1. Citizens - those who enjoy full political and civil rights and are full ?edged members of a political community. 2. Aliens - they do not enjoy all civil and political rights and are not members of the political community. The question of citizenship became particularly important at the time of making of our Constitution because the Constitution sought to give certain rights and privileges to those who were entitled to Indian citizenship while they were to be denied to aliens. Citizens of India have following exclusive rights under Indian Constitution: 1. Fundamental Rights under articles 15, 16 and 19 belong exclusively to Indian citizens. 2. Only citizens are eligible for certain of?ces like the of?ce of: President[Article 58(1) (a)]; Vice-President[Article 66(3)(a)]; Judge of Supreme Court[Article 124(3)] or of a High Court[Article 217(2)]; Attorney General[Article 76(2)]; Governor of a State[Article 157]; Advocate General[Article 165]. 3. The right of suffrage for election to the House of P eople(of the Union) and the Legislative Assembly of every State[Article 326] 4. The right to become a member of Parliament[Article 84] and of the legislature of a State[Article 191(d)] are also con?ned to citizens. All the above rights and privileges are denied to aliens[both ‘friendly’ and ‘enemy’]. An ‘enemy’ alien not only includes subjects of a State at war with India but also Indian citizens who voluntarily reside in or trade with such a State. But many ‘enemy’ aliens suffer from a special disability of not being entitled to bene?t of procedural provisions in Clause (1) & (2) of Article 22, which deals with arrests and preventive detention. The Constitution does not lay down a permanent mechanism for obtaining citizenship in India. It simply described classes of persons who would be deemed to be the citizens of India at the commencement of the Constitution and left the entire law of citizenship to be regulated by some future law made by Parliament. F or this the Parliament enacted Citizenship Act, 1955, making elaborate provisions for the acquisition and termination of citizenship subsequent to the commencement of the Constitution.Read More
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