Citizenship in indian constitution. Citizenship in Indian Constitution: Article 5 to 11 of Constitution 2022-10-22

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Citizenship is a fundamental concept in any country's constitution, as it defines the legal relationship between an individual and the state, and determines an individual's rights and duties as a member of the nation. The Indian Constitution, which is the supreme law of India, also has provisions relating to citizenship.

Article 5 to 11 of the Indian Constitution deal with the various aspects of citizenship. According to Article 5, anyone who was born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of India by birth. This provision also applies to those who were born outside India but either of whose parents was a citizen of India at the time of their birth.

Article 6 deals with the acquisition of citizenship by those who migrated to India from Pakistan after the partition of the country in 1947. These individuals were granted citizenship by the Citizenship Act of 1955. Article 7 grants citizenship to individuals who migrated to India from certain territories that were earlier a part of India but later became part of Pakistan.

Article 8 deals with the acquisition of citizenship by naturalization, which means that an individual who is not a citizen of India can apply for citizenship after living in India for a certain period of time. The Indian Citizenship Act of 1955 lays down the eligibility criteria and the process for obtaining citizenship through naturalization.

Article 9 prohibits the voluntary acquisition of citizenship of any other country by an Indian citizen without the permission of the government. Article 10 allows the government to make provisions for the loss or renunciation of citizenship.

Article 11 empowers the Parliament to make any provisions with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. The Parliament has exercised this power and enacted the Citizenship Act of 1955, which provides for the acquisition, determination, and termination of citizenship in India.

In summary, the Indian Constitution provides for various ways in which an individual can acquire citizenship, including by birth, migration, and naturalization. It also lays down the rights and duties of citizens and the process for the acquisition and termination of citizenship.

Citizenship in India: A detailed study with referece to Indian Constitution

citizenship in indian constitution

Then after the expiry of the period, she returned back to Pakistan. Part II of the Constitution provides provisions related to Citizenship. Also, citizens alone have the right to hold certain high offices such as those of President of India Citizenship at the commencement of the Constitution A person is entitled to citizenship by domicile if he fulfils two conditions laid down by Article 5. The Constitution of India laid down the law in regard to who would be the citizens of India at the time of commencement of the Constitution. It only allows citizenship for a person listed under the provisions above ie: by birth, descent, registration or naturalisation.

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Overseas Citizenship of India

citizenship in indian constitution

According to Article 1 of the Indian Constitution, India is declared a Union of States, and the States and territories are specified in the First Schedule. Retrieved 9 January 2015. The citizenship can be acquired by 5 ways. It was held that the term means voluntary and permanently leaving from India to Pakistan. Retrieved 28 August 2010.

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Constitutional Provisions of Citizenship in India

citizenship in indian constitution

The provisions are listed under the Citizenship Act, 1955. The Court concluded that neither Article 5 nor any laws passed using the authority granted by Article 11 will take precedence over the other. According to the appellant, the respondent was to be disqualified from being a candidate in the election as he has ceased to be a citizen of India. Retrieved 28 Sep 2014. Article 5 is therefore superseded by Articles 7 and 9. Registration of Overseas Citizen of India Cardholder 7B Conferment of rights on Overseas Citizen of India Cardholder 7C Renunciation of Overseas Citizen of India Card 7D Cancellation of registration as Overseas Citizen of India Cardholder Termination of Citizenship 8 Renunciation of citizenship 9 Termination ofcitizenship 10 Deprivationof citizenship Supplemental 11 Commonwealth Citizenship Repealed 12 Power to confer rightsof Indian Citizen on citizens of certain countries Repealed 13 Certificate of Citizenship in case of doubt 14 Disposal of application under section 5, 6, and 7A 14A Issue of national identity cards 15 Revision 15A Review 16 Delegation of Powers 17 Offences 18 Power to make rules 19 Repeals Repealed Schedules of the Citizenship Act 1955 Numbers Subject Matter First Schedule List of countries related to the commonwealth citizenship Omitted by the 2003 Amendment Second Schedule Oath of Allegiance Third Schedule Qualification for Naturalisation Fourth Schedule List of countries related to the overseas citizenship Ommited by the 2005 Amendment UPSC Success aims to create a single point of reference for all needs related to Union Public Service Commission UPSC.

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CITIZENSHIP UNDER INDIAN CONSTITUTION

citizenship in indian constitution

The Union territories mentioned above are centrally administered areas, to be governed by the President, acting, through an administrator appointed by him. An immigrant to Pakistan after 1st March, 1947, who has returned to India under a proper legal permit for resettlement or permanent return to India— such a person should fulfil all other conditions necessary for immigrants from Pakistan after July 19, 1948. Thus, a person was not permitted to hold any other countries passport with an Indian passport. Every person is born with a domicile of origin. As a result, if one of your parents was born on Indian soil, you would be considered a full-fledged Indian citizen with all of the associated rights, responsibilities, and obligations. Article 5 to 11 speaks about the rights of citizenship of persons. Since they are exempted from registration with the Foreigners Regional Registration Officer FRRO on their arrival in the country and can stay or live in India for as long as they wish, OCI holders can travel at very short notice and take up assignments in India, while others could get caught up in bureaucratic delays over their employment visa.

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CITIZENSHIP IN INDIAN CONSTITUTION POLITY MATERIAL FOR IAS

citizenship in indian constitution

According to Indian Constitution, Indian can have 2 kind of people: Citizen and Aliens. It states that a person who has lived in India for five years is a citizen of the country. Independence, the violence and bitterness of Partition, and the establishment of Pakistan as a state based on religion, put that commitment to severe test. This provides 2 types of distinctions. There is now a rising demand by people to amend the article.

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Citizenship in Indian Constitution: Article 5 to 11 of Constitution

citizenship in indian constitution

Note: PIO is a person who was born or whose parents were born in undivided India like Pakistan, Bangladesh or they were born in any territory that became part of India after 15. People born between 1 July 1987, and 3 December 2003, are considered Indian citizens only if either of their parents was an Indian citizen at birth. Thus the domicile of origin is a concept of law. Applicants may also submit any other evidence that may substantiate their claim. Citizenship Article 5 discusses people born in the Indian province, either of their parents was born in India, and people who typically became Indian residents for five or more years instantaneously before the implementation of the Constitution.

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Citizenship Article 6 Of The Indian Constitution // Examarly

citizenship in indian constitution

The Central Government may refuse citizenship to a person for a specific reason, as stated in Section 7. The Citizenship Amendment Act of 1992 It said that if a person is born after January 26, 1950, but before the start of this Act, then at that point, he would be an Indian citizen. Landmark Judgement Rashtriya Mukti Morcha v. A person who is a citizen of India under any of the provisions in part II of the constitution will continue to hold the right of being a citizen subject to the laws made by the parliament. Dutch nationals of Surinamese origin up to the sixth generation whose forefathers came from India in the 19th century will be eligible for applying for OCI Card. It refers to providing a state of position to a person who is a member of the state, it defines the nationality of a person with a state. It was decided to include this amendment.

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Indian Constitution: Citizenship

citizenship in indian constitution

Then, following the end of the period, she returned to Pakistan. Thus there were four categories in all. Then she returned back to India and was permitted to stay as she stated that she was Pakistan domicile. The relevance of Articles 5 to 8 did not end with the end of the refugee crisis after Partition. Wonderful stuff, just excellent! Finally, you can become an Indian citizen if you have lived in one of its regions for at least five years. Citizens are full members of the Indian State and owe allegiance to it. Citizenship UPSC Citizenship in the Indian Constitution is an important section of the Indian Polity and governance subject matter.

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Citizenship of India

citizenship in indian constitution

In the case of a minor child whose parents are both Indian citizens or who has at least one parent holding Indian citizenship, evidence may comprise a copy of the child's birth certificate that mentions its parents, a copy of Indian passport of at least one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by a Competent Authority supporting the Indian origin of at least one parent or any other proof substantiating the status of at least one parent as being either an Indian citizen or being of Indian origin. Acquisition of Citizenship of Another Country Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, or has at any time between the 26th January 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country, cease to be a citizen of India. Citizenship Act 1955 at a Glance Sections Subject Matter 1. Deprivation e That citizen has been ordinarily resident out of India for a continuos period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government of India or of an International organization of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India. Article Ten: Continuance of the Rights of Citizenship The Article 10 states that every person who is or is deemed to be a citizen of India in any of the preceding provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, still be a citizen. We have included all relevant information about Citizenship — Indian Constitution mentioned in Articles 5-11 and Citizenship Act, 1955 to help our readers prepare for their exams.

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