Skip to main content

CHAPTER 8 - Citizenship (PART - II)

Constitutional Provisions

The Constitution deals with the citizenship from Articles 5 to 11 under Part II. However, it contains
neither any permanent nor any elaborate provisions in this regard.
Article
Subject Matter
5.
Citizenship at the commencement of the Constitution
6.
Rights of citizenship of certain persons who have migrated to India from Pakistan
7.
Rights of citizenship of certain migrants to Pakistan
8.
Rights of citizenship of certain persons of Indian origin residing outside India
9.
Persons voluntarily acquiring citizenship of a foreign State not to be citizens
10.
Continuance of the rights of citizenship
11.
Parliament to regulate the right of citizenship by law

Acquisition of Citizenship

The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent,
registration, naturalisation and incorporation of territory:

1. By Birth - 
  • A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.
  • A person born in India on or after 1st July 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 3rd December 2004 are considered citizens 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.
2. By Descent -
  • A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
  • A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.
  • From 3rd December 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 within one year of the date of birth or with the permission of the Central Government
3. By Registration - The Central Government may, on an application, register as a citizen of India any person (not being an illegal migrant)

4. By Naturalisation - The Central Government may, on an application, grant a certificate of
naturalisation to any person (not being an illegal migrant)

5. 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 citizens of India from the notified date.

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, viz, renunciation, termination and deprivation:

1. 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.

2. By Termination - When an Indian citizen voluntarily (consciously, knowingly and without duress,
undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship
automatically terminates. This provision, however, does not apply during a war in which India is
engaged.

3. By Deprivation - It is a compulsory termination of Indian citizenship by the Central government, if:
(a) the citizen has obtained the citizenship by fraud:
(b) the citizen has shown disloyalty to the Constitution of India:
(c) the citizen has unlawfully traded or communicated with the enemy during a war;
(d) the citizen has, within five years after registration or naturalisation, been imprisoned in any
country for two years; and
(e) the citizen has been ordinarily resident out of India for seven years continuously.

Single Citizenship
  • Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship.
  • The other federal states like USA and Switzerland, on the other hand, adopted the system of double citizenship.



Labels:

Comments

Post a Comment

Popular posts from this blog

Bank PO V/S Bank SO - What to choose?

Written by - Competition Zenith Dear Readers, As many of you have cleared Bank PO and Bank So as well or going to write both the exams  next time. We must congratulate you in clearing two of the most elite bank exams in India. We know that it must be a matter of great confusion and concern that which job is good for you. So we have made a detailed analysis of both the jobs for you. with their pro and cons. It is now up to you to decide. Happy reading. Probationary Officer (PO)/Management Trainee (MT) A Probationary officer (PO) or a Management Trainee (MT) is the first level to enter the banking world. He or she reports to immediate seniors who evaluate his performance in the tasks assigned to him. Initially, a Probationary Officer can be assigned any work from a wide gamut of ongoing banking activities. Normally the probation period is of two years in which the officer is exposed to different types of banking related works. In some banks, the duration may be limi...
Post a Comment
Read more

Rules Regarding OBC and Creamy Layer Certificates in SSC Exams

1. OBC certificate is valid for as long as the community is notified as OBC certificate treated valid by SSC for 3 years.  2 .It is necessary for everyone to get the OBC certificate renewed after every three years for SSC exams as creamy layer status may change if a person remains in creamy layer for 3 years continuously.
4 comments
Read more

Trigonometry And Its Short Tricks

Trigonometric Function Trigonometric Functions (Right Triangle) Special Angles Trigonometric Function Values in Quadrants II, III, and IV Examples: Example2: Example: 3: Unit Circle Addition Formulas: cos(X+Y) = cosXcoxY – sinXsinY cos(X-Y) = cosXcoxY + sinXsinY sin(X+Y) = sinXcoxY + cosXsin sin(X-Y) = sinXcoxY – cosXsinY tan(X+Y) = [tanX+tanY]/ [1– tanXtanY] tan(X-Y) = [tanX-tanY]/ [1+ tanXtanY] cot(X+Y) = [cotX+cotY-1]/ [cotX+cotY] cot(X-Y) = [cotX+cotY+1]/ [cotX-cotY] Sum to Product Formulas: cosX + cosY = 2cos [(X+Y) / 2] cos[(X-Y)/2] sinX + sinY = 2sin [(X+Y) / 2] cos[(X-Y)/2] Difference to Product Formulas cosX - cosY = - 2sin [(X+Y) / 2] sin[(X-Y)/2] sinX + sinY = 2cos [(X+Y) / 2] sin[(X-Y)/2] Product to Sum/Difference Formulas cosXcosY = (1/2) [cos (x-Y) + cos (X+Y)] sinXcoxY = (1/2) [sin (x+Y) + sin (X-Y)] cosXsinY...
Post a Comment
Read more