Citizenship
Citizenship
Article 5-11 of the constitution contains the provisions related to Citizenship.
Article 5
citizenship at the commencement of constitution
Article 6
Right of citizenship of certain persons who have migrated to India from Pakistan
Article 7
right of citizenahip of certain migrants to Pakistan
Article 8
Right of citizenship of certaiin persons of Indian origin residing outside India
Article 9
Persons voluntarily acquiring citizenship of foreign states not to be citizen
Article 10
Continuance of the right of citizenship
Article 11
Parliamant to regulate the right of citizenship by Law
Please Note
In December 2003, a new law was passed which permits people of Indian origin residing in 16 countries ( Australia, Canada, Finland, France, Greece, Italy, Ireland, Israel, Netherlands, New Zealand, Portugal, Cyprus, Sweden, Switzerland, UK and United States to have dual citizenship. They can participate in economic activities and can acquire real estate but cannot cast vote and get elected to legislature
Also Note
In Feb. 2006 Representation of Peoples act was amended whereby non-resident Indians( NRI’s) were given right to vote in Parliamentary and assembly elections to create a sense of belonging
Acquisition of Citizenship
By birth
Citizenship is conferred on those born in India on or after January 26, 1950 but before June 30, 1987; and those born after July 1, 1987 if either of his parents was a citizen of India at the time of his birth
By descent
A person born outside India on or after January 16, 1950 shall be citizen of India, if his father is a citizen of India at time of person’s birth.
By Registration
A person of Indian origin can acquire citizenship by registration provided he has been living in India for the last 5 years.
By Naturalization
A foreigner can acquire citizenship on application of naturalization to the government of India. He has to take an oath of allegiance to the constitution of India
By Incorporation of territory
If a new territory becomes the part of India, the government of India specifies the person of that territory who shell be citizen of India
Termination of Citizenship
The Citizenship Act of 1955 lay down the details of termination of citizenship
Renunciation
An Indian citizen who wishes to become a citizen of another country may voluntarily renounce his Indian citizenship
Termination
Termination of Indian citizenship takes place automatically if a person voluntarily acquires citizenship of another country
Deprivation
the government of India can compulsory terminate if it is satisfied that the
*citizenship was obtained by fraud, false representation or concealment of material facts, or
* if the person shows disloyalty to the Indian constitution, or
*indulge in trade with the enemy county during war, or
* if the person has been sentenced to imprisonment for a period of two years or more within five years of the registration or naturalization, or
* if he has been residing abroad for seven consecutive years.