PART II
Article 5 to 11
CITIZENSHIP
Article 5: Citizenship at the commencement of the Constitution.
The commencement of this Constitution, every person who has his domicile in the territory of India and fulfils 3 conditions
(a) Who was born in the territory of India;
(b) Either of whose parents was born in the territory of India;
(c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement
Shall be a citizen of India.
Article 6: Rights of Citizenship of certain persons who have migrated to India from Pakistan.
Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—
(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted);
(b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
(ii) in the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen of India by
an officer appointed in that behalf by the Government of the Dominion of India
on an application made by him therefore to such officer before the commencement
of this Constitution in the form and manner prescribed by that Government:
Provided
that no person shall be so registered unless he has been resident in the
territory of India for at least six months immediately preceding the date of
his application.
Article 7: Rights of Citizenship of certain migrants
to Pakistan.
A
person who has after the first day of March, 1947
Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.
Article 8: Rights of Citizenship of certain persons of
Indian origin residing outside India.
Any
person who or either of whose parents or any of whose grandparents was born in
India as defined in the Government of India Act, 1935 so defined shall be
deemed to be a citizen of India if he has been registered as a citizen of India
by the diplomatic or consular representative of India.
Article 9: Persons voluntarily acquiring Citizenship
of a foreign State not to be citizens.
No
person shall be a citizen of India by virtue of article 5, or be deemed to be a
citizen of India by virtue of article 6 or article 8, if he has voluntarily
acquired the Citizenship of any foreign State.
Article 10: Continuance of the rights of Citizenship.
Eperson who is or is deemed to be a citizen of
India under any of the foregoing provisions of this Part shall, subject to the
provisions of any law that may be made by Parliament, continue to be such
citizen.
Article 11: Parliament to regulate the right of Citizenship
by law.
Nothing in the foregoing provisions of this
Part shall derogate from the power of Parliament to make any provision with
respect to the acquisition and termination of Citizenship and all other matters
relating to Citizenship.
CITIZENSHIP ACT, 1955
Repealed
by the Citizenship amendment act, 2003
Acquisition of Citizenship
1. By birth
A person born in India after January 26 1950 but before July 1 1987 in
respective of the nationality of his parents
After July 1 1987 citizen if either of his parents is citizen of India
at the time of his birth.
After December 3 2004 citizens if both of their parents are citizens of
India one of those parents is a citizen of India order it’s not an illegal
migrant of at the time of their birth
The children of foreign diplomats posted in India and enemy Alliance cannot acquire Indian Citizenship by birth
2. By descent
A person born outside India after January 26 1950 but before December 10
1992 to citizen of India by decent if his father was a citizen of India at the
time of his birth
A person considered as a citizen of India if his parents is citizen of
India at the time of his birth
December 3 2004 a person born outside India shall not be a citizen of
India
3. By registration
Person of India origin what is ordinarily resident in India for 7 years
before making an application for registration
Corporation of India Origin who is ordinarily resident in any country or
place outside undivided India
A person who is married to citizen of India
A person of full age and capacity was parents are registered as citizens of India.
4. By naturalisation
LOSS OF CITIZENSHIP
The Citizenship
act 1955
Three
ways of losing Citizenship
1. By Renunciation
Any citizen of India full HD and capacity can make the declaration
renouncing his Indian Citizenship
2. By Termination
When an Indian citizen voluntarily acquire the Citizenship of another
country his Indian Citizenship automatically terminates
3. By Deprivation
·
Citizenship has obtained Citizenship
by fraud.
·
Citizen has shown disloyalty to the
constitution of India.
·
Citizen has unlawfully communication
with the enemy during a war.
·
Citizen has within five years after
registration or imprisoned for 2 years.
· Citizen has out of India for 7 years continuously.
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