“A legal status and relationship between an individual and a state that entails specific legal rights and duties”. Like any other modern state, India has two kinds of people – citizen and aliens. Citizens are full member of the Indian state and owe allegiance to it. They enjoy all the benefit of citizenship like civil and political rights so on. Citizenship in India: A detailed study with reference to Indian Constitution (ipleaders.in) Aliens are the citizen of some other state and they do not enjoy all the civil and political rights. There are two categories- friendly aliens and enemy aliens.
– Friendly aliens are the subjects of those countries that have good relationship with India.
– Enemy aliens are the subjects of that country that is at war with Indian. They enjoy lesser rights then the friendly aliens and they do not enjoy protection against and detention (article 22).
The constitution provides the following rights and privileges on the citizens of India and denies the same to aliens.
- Rights against discrimination on grounds of religion, race, caste, sex or place of birth (article 15).
- Right to equality of opportunity in the matter of public employment (article 16).
- Right freedom of speech and expression, assembly, movement, residence, and profession (article 19).
- Cultural and educational rights (articles 29 and 30).
- Right to vote in elections to the Lok Sabha and state legislative assembly.
- Right to contest for the membership of the parliament and the state legislature.
- Eligibility to hold Certain public offices, that is president of India, vice president of India, judges of the supreme court of India and the high courts, governor of states, attorney general of India and advocate general of states.
Along with the above rights, the citizens also owe certain duties towards the Indian state, example paying tax, respect to the national flag and national anthem, and defending the country and so on.
In India both a citizen by birth as well as a naturalized citizen are Eligible for the office of president. While in USA, only a citizen by birth and not a naturalized citizen is eligible for the office of president.
CONSTITUTIONAL PROVISIONS FROM ITS COMMENCEMENT
The constitution deals with the citizenship from Articles 5 to 11 under part II. It’s not Contain any permanent and elaborate provisions in this regard. It only identifies the persons who became citizen of Indian at its commencement (on January 26, 1950) it does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It empowers the parliament to enact a law to provide for such matters and any other matter relating to the citizenship.
According to the parliament has enacted the citizenship act (1955), which has been amended from time to time.
According to the constitution, the follow four categories of persons became the citizen of India at its commencement (on January 26, 1950).
- A person who had his domicile in India and also fulfilled any one of the three condition, if he was born in India; or if either of his parents was born in India; or if he has been ordinarily resident in India for five years of immediately before the commencement of the constitution, became a citizen of India.
- A person who migrated to India from Pakistan became a Indian citizen if he or either of his parents or any of his grand parents was born in undivided India and also fulfilled any one of the two conditions, in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration; or In case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India. But a person could be so registered only if he had been resident in India for application for registration.
- A person who registered to Pakistan from India after march 1, 1947 but later returned to India for resettlement could become an Indian citizen. for this he had to be resident in India for six months preceding the date of his application for registration.
- A person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country the commencement of the constitution. Thus this provision covers the overseas Indians who may want to acquire Indian citizenship
The other constitution provisions will respect to the citizenship are as follows;
- No person shall be a citizen of India or be demand to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.
- Every person who is or is demand to be a citizen of India shall continue to be such citizen, subject to the provision of any law made by parliament.
- Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
CITIZENSHIP ACT, 1955
The citizenship act (1955) provides for acquisition and loss of citizenship after the commencement of the constitution.Originally, the citizenship act (1955) also provided for the commonwealth citizenship but, this provision was repealed by the citizenship (Amendment) act, 2003.
Acquisition of citizenship:
The citizenship act 1955 prescribe five ways of acquiring citizenship by birth, descent, registration naturalization and incorporation of territory:
- By Birth
A person born in India on or after January 26,1950 but before July 1, 1987 is a citizen of Indian by birth irrespective of the nationality of his parents.
A person born in India on or after July 1, 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.
Further those born in India on or after December 3,2004 are considered citizen of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
The children of foreign diplomats in India and enemy aliens cannot acquire Indian citizenship by birth.
- By Descent
A person born outside India on or after January 26, 1950 but before December 10. 1992 is a citizen of India by descent, if his father was a citizen of India as the time of his birth.
A person born outside India on or after December 10, 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
December 3, 2004 onwards a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate with in one year of the date of birth or with the permission of Central government, after the expire of said period. An application for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.
Further a minor who is a citizen of India by virtus of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country with in six month of his attaining full age.
- By Registration
The central government may on an application register as citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories.
- A person of Indian origin who is ordinarily resident in India for seven year before making an application for registration;
- A person of Indian origin who is ordinarily resident in any country or place outside undivided India;
- A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
- Minor children of persons who are citizens of India;
- A person of full age and capacity whose parents are registered as citizen of India;
- A person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making application for registration;
- A person of full age and capacity who has been registered as an overseas citizen of Indian cardholder for five years and who is ordinarily resident in India for twelve month before making an application for registration.
A person shall be demand to be of Indian origin if he or either of his parents, was born in undivided India or in such other territory which became part of India after august 15, 1947.
All the above categories of person must take an oath of allegiance before they are registered as citizen of India.
- By Naturalization
The central government may on an application, great a certificate of naturalism to any person ( not being an illegal migrant ) if he possesses the following qualification:
- That he is not a subject or citizen of any country where citizen of India are prevented from becoming subject or citizen of that country by naturalization;
- That if he is a citizen of any country, he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted;
- That he if he either resident in India or been in the service of a government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of vthe application;
- That during the fourteen years immediately preceding the said period of twelve months. He has either resident in India or been in the service of a government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years;
- That he is of good character;
- That he has an adequate knowledge of a language specified in the eighth schedule to the constitution;
- That in the event of a certificate of naturalization being granted to him, he intends to reside in India or entre into or continue in, service under government in India or under an international organization of which India is a member or under a society, company or body of persons established in India.
However the government of India may waive all or any of the above conditions for naturalization in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress. Every naturalized citizen must take an oath of allegiance to the constitution of India.
- By Incorporation of territory
If any foreign territory becomes a part of India, the government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become the citizen of India from the notified date.
When Pondicherry became a part of India, the government of India issued the citizenship (Pondicherry) order (1962), under the citizenship act (1955).
Loss of citizenship:
The citizenship act (1955) prescribes three ways of losing citizenship whether acquired under the act or prior to it under the constitution by renunciation, termination and deprivation
- By Renunciation
Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration of that declaration, that person ceases to be a citizen of India. However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the central government.
- By Termination
When an Indian citizen voluntarily (consciously, knowingly and without dresses, undue influence or compulsion) acquires the citizenship automatically terminates. This provision however does not apply during a warin which India is engaged.
- By deprivation
It is a compulsory termination of Indian citizenship. By the central government, if;
- The citizen has obtained the citizenship by fraud.
- The citizen has shown disloyalty to the constitution.
- The citizen has unlawfully traded or communicated with the enemy during a war.
- The citizen has within five years after registration or naturalized, been imprisoned in any country for two years; and
- The citizen has been ordinarily resident out of India for seven years continuously.