Part II of Indian Constitution is about Citizenship.
It includes articles from 5- 11.The population of any state can be broadly
divided into two categories-citizen and aliens (non-citizen).Citizens are
different from aliens in so far they enjoy full civil and political rights.The
Constitution of India provides for single citizenship,there is no separate
citizenship for state (as United States of America has).According to the
Constitution,the following four categories of persons are entitled to
citizenship.
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| PART - II OF INDIAN CONSTITUTION |
CITIZENSHIP
Persons
domiciled in India and also fulfilled any one of the three conditions, viz. 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 immediately before the
commencement of the Constitution.
A
person who migrated to India from Pakistan and became an Indian citizen.If he
or either of his grandparents was born in undivided India.
A
person who migrated to Pakistan from India after March 1,1947.
A
person who or any of whose parents or grandparents, was born in undivided India
but who is ordinarily residing outside India.
The
Constitution confers some rights and privileges to the citizen of India and
denies the same to aliens (non-citizens).
- Right against
Discrimination (Article 15).
- Right to Equality of
Opportunity (Article 16).
- Right to Freedom
(Article 19).
- Cultural and Educational
Right to Contest for the membership of the Parliament and the State
Legislative Assemblies.
Only a citizen can hold
or run for the following high offices-President, Vice -President, Judges of the
Supreme Court and High Courts,Attorney-General, Governors of States Advocate
General of States.
ACQUISITION AND TERMINATION OF CITIZENSHIP
Article 11 of the
Constitution empowers the Parliament to enact a law relating to the
citizenship.According, the Parliament has enacted the Citizenship
Act,1955,which has been amended in 1956 and 1992.The act provides a law for
acquisition and termination of citizenship.
ACQUISITION OF CITIZENSHIP
The act prescribes
five following ways of acquiring citizenship.
By Birth A person born in India on or after 26th
January,1950,shall be a citizen of India by law of soil.
By Descent A person born outside India, on or after 26th
January 1950,in a citizen of India by descent if his parents were citizens of
India at the time of his birth, i.e., law of blood.
By Registration The Central Government may, on an
application, register as a citizen of India.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 India origin who are
ordinarily resident in any county or place outside India.
- a persons who is married to a citizen of
India and is ordinarily resident in India for 7 years before making an
application of registration.
- minor children of persons who are
citizens of India.
- persons of full age and capacity whose
parents are registered as citizens of India .
- a person of full age and capacity,who or
either of his parents,was earlier citizens of Independent India,and has
been residing in India for 1 year immediately before making an application
for registration.
- a person of full age and capacity who has
been registered as an overseas citizen of India for 5 years, and who has
been residing in India for 1 year before making an application for
registration.
By Naturalization
Citizenship can be acquired
by naturalization by making an application, if he possesses following
qualifications.
- person of full age and capacity.
- must not be citizen of a country where
Indian citizens are prevented from becoming citizens by naturalization.
- has renounced the citizenship of the
other country.
- has either resided in India or has been
in the government service 12 months.
- must take and oath of allegiance.
- of a good character.
- has an adequate knowledge of a language
recognized by the Constitution.
By Incorporation of
Territory If any foreign
territory becomes a part of India, the Government of India specifies that the
persons who are among the people of the territory shall be the citizens of
India.e.g., when Pondicherry became a part of India,Government of India issued
notice for the citizenship.
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| CITIZENSHIP |
TERMINATION OF CITIZENSHIP
The Citizenship
Act,1955 also lays down three modes by which an Indian citizen may lose his
citizenship.
By Renunciation Any citizen of India of full age and capacity
can make a declaration renouncing his Indian citizenship.
By Termination When and Indian citizen voluntarily
acquires the citizenship of another country, his Indian citizenship
automatically terminates.
By Deprivation Any
citizen who has obtained the citizenship by fraud or has shown disloyalty to
the Constitution of India,etc will compulsory terminate his Indian citizenship
by the Government of India.
PIO CARD
Person of Indian
Origin Card was launched in 1999 and Government of India revised it in August
2002.
Any person,who at any
time,held an Indian passport or either of his parents or grand parents or great
grand parents were born in and were permanently residents in India.
All nationals except
Afghanistan,Bangladesh,Bhutan,China,Nepal,Pakistan and Sri Lanka are eligible
for PIO Card.
PIO Card holder can
visit India without visa for 15 years from the date of issue.
OCI (OVERSEAS CITIZENSHIP OF INDIA)
OCI is commonly know
as Dual Citizenship, the scheme is operational from December 2005.
A foreign national
who,(i) was eligible to become a citizen of India on 26-01-1950.or (ii) was a
citizen of India on or at any time after 26-01-1950 or (iii) belonged to a
territory that became a part of India after 15-08-1947 or (iv) his children or
grand children or (v) minor children of such children.
PIOs fo all countries
and nationals except Pakistan and Bangladesh can obtained OCI.
Those who have OCI can
visit India without visa life long.
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