CITIZENSHIP

                                     CITIZENSHIP

The Constitution of India provides for single citizenship.  There is no separate citizenship of the state.  According to the Constitution, the following three categories of persons are entitled to citizenship.

i. Person domiciled in India.

ii. Refugees, who migrated to India from Pakistan.

iii. Indians living in other countries.

* Article 5  Citizenship at the commencement of the         Constitution. 

* Article 6  Rights of Citizenship of certain persons, who have migrated to India from Pakistan.

* Article 7  Rights of Citizenship of certain migrants to Pakistan.

* Article 8  Rights of Citizenship of certain persons of Indian origin residing outside India.

* Article 9  Persons voluntarily acquiring Citizenship of a Foreign State not to be citizens.

*Article 10  Continuance of the Rights of Citizenship.

* Article 11  Parliament to regulate the Right of Citizenship by Law.

Acquisition of Citizenship

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.

By Birth

Every person born in India on or after 26th January, 1950 shall be a citizen of India by law of soil, 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.

By Descent

Broadly, a person born outside India on or after 26th January, 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.

By Registration 

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

This mode of acquiring citizenship is available to any of the following categories:

• Persons of Indian origin who are ordinarily resident in India for 7 years immediately before making an application for registration.

• Persons of Indian origin who are ordinarily resident in any country or place outside undivided India.

• Women who are or have been married to citizens of India.  Minor children of persons who are citizens of India.

By Naturalization

• Citizenship by naturalization can be acquired by making an application in the prescribed manner.  The qualifications for naturalization are as follows:

He must be a person of full age and capacity.

He must not be a citizen of a country where            Indian citizens are prevented from becoming citizens by naturalization.  He has renounced the citizenship of the other country.

He has either resided in India or has been in Government service for 12 months before the date of making the application for naturalization or during 7 years prior to these 12 months, he has resided or has been in the Government service for not less than 4 years.

He must take an oath of allegiance.

He is of a good character.

He has an adequate  knowledge of a language recognized in the eight schedules to the Constitution.

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.