Citizenship of india in indian constitution Short Note – Indian Polity Notes

Citizenship of india in indian constitution Short ByteArticles In Indian Constitution, Part II Deal With Citizenships,Acquisition of indian .

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Citizenship of india in indian constitution Short Note - Indian Polity Notes

Indian constitution- Download 3000 Indian polity Questions Pdf free For UPSC,SSC

  • A citizen of a state is that person who enjoy full civil and political rights.
  • A state consists normally two classes of population one is Citizens and another one is Aliens.Aliens means persons from other foreign countries,Aliens do not enjoy full rights as citizens enjoy.

Part -II- Citizenship

  • Article 5- citizenship at the commencement of the constitution
  • Article 6- Rights of citizenship of certain persons who have migrated to India from Pakistan.
  • Article 7-Rights of Citizenship of certain migrants to Pakistan.
  • Article 8- Rights of citizenship of certain persons of Indian origin residing outside
  • Article 9-India.Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
  • Article 10 – Continuance of the rights of citizenship.
  • Article 11- Parliament to regulate the right of citizenship by law.

Article 5- citizenship at the commencement of the constitution

  • At the commencement of this Constitution, every person who has his domicile in the territory of India and-
  • (a) who was born in the territory of India; or
  • b) either of whose parents was born in the territory of India; or
  • (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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
  • (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 therefor 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  0f citizenship of certain Migrants to Pakistan

  • Notwithstanding  anything in articles 5 and 6, a person who has  after the  first day of March, 1947, migrated from the territory of India to the  territory  now included in Pakistan shall not be deemed to  be  a citizen of India:
  • 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.

  • Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as 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 in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government 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.-

  • Every person 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.

Acquisition of indian citizenship

  • Indian Judicial Bodies Pdf Notes Download -Vision IAS
  • Indian parliament passed a law -citizenship act -1955 making provisions for the acquisition and termination of citizenship after the commencement of Indian constitution .
  • the act provides five ways for acquisition of indian citizenship,Birth,Descent,Registration,Naturalization and Incorporation of Territory

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