Citizenship Flashcards
Citizenship - Which Part and Articles?
Part - II
Article - 5 to Article - 10 (Born on/before 26th Jan 1950)
Article - 11 (Born after 26th Jan 1950)
Rights of Friendly Aliens
All FRs except A15, A16, A19, A29, A30
Rights of Enemy Aliens
Only FRs such as A14, A21, A22
Which of the rights are not provided to an alien?
- Right to Vote
- Right to contest Elections
- Right to hold public offices
Who was an Indian citizen on 26th Jan 1950?
- By Domicile
Born in India (or) Either parents Indian (or) Resided min 5 years - Migration from Pakistan
After 19th July 1948 - Registration prior 6 months residence - Migration to Pakistan
After 01st March 1947 - Returned to India: Registration prior 6 months residence - POI origin and residing outside India
Any parent/grandparent born in undivided India then Citizen upon registration in diplomatic/consular representative of India
Significance of 01st March 1947 and 19th July 1948
01st March 1947: Mountbatten Plan finalized
19th July 1948: Permit System introduced
Citizenship Act (1955) - Acquisition of Citizenship
- By Birth [Jus Soli]
- By Descent [Jus Sanguine]
- By Registration
- By Naturalization
- By Incorporation of Territory
Citizenship Act (1955) - Acquisition of Citizenship - By Birth [Jus Soli]
- Born on/after Jan 26th 1950 till July 01st 1987 - Indian Citizen
- Born on/after July 01st 1987 till Dec 03rd 2004 - Either parents Indian
- Born on/after Dec 03rd 2004 - Both parents Indian (or) either parent Indian and other is not an illegal migrant
Citizenship Act (1955) - Acquisition of Citizenship - By Descent [Jus Sanguine]
- Born outside India on/after Jan 26th 1950 till Dec 10th 1992 - Father Indian
- Born outside India on/after Dec 10th 1992 till Dec 03rd 2004 - Either Parents Indian
- Born outside India on/after Dec 03rd 2004 - Register under Indian consulate within 1 year of Birth
- Minor born outside India - Apply to Indian consulate
- Minor born outside India - Has both citizenships then her/his Indian citizenship will be ceased if other citizenship is not renounced within 6 months after attaining full age i.e. 18 years
Citizenship Act (1955) - Acquisition of Citizenship - By Registration
- Resident of India - Min 7 years
- Resident of Undivided India
- Parent of Indian Citizen Minor Children
- Parents - Indian citizens
- Either Parents earlier Indian Citizens and 12 months residence
- Overseas Citizen of India Cardholder min 5 years and 12 months residence
Citizenship Act (1955) - Acquisition of Citizenship - By Naturalisation
- Not a subject/citizen of foreign state where India is subjected not to be
- Renounce citizenship of foreign state upon application
- Resided/in service of GOI - 12 months residence
- Residence 11 years + 1 year before application
- Good character
- Knowledge of any language mentioned under Schedule - VIII
Citizenship Amendment Act (1985) - Assam Accord
Person of Indian origin migrated on/after 01st Jan 1966 to before 25th March 1971 shall register and reside for 10 years
Note: All rights except right to vote
Loss of Citizenship - Renunciation
- Registration leads to loss
- India is in war then request withheld
- Renunciation of Parent leads to renunciation of minor child, however she/he can regain after gaining full age
Loss of Citizenship - Termination
- Citizenship of another country - Indian Citizenship terminated
- Does not apply during a war where India is involved in
Loss of Citizenship - Deprivation
Compulsory termination of Indian Citizenship
1. Citizenship by fraud
2. Disloyalty to constitution
3. Unlawful trade/communication with enemy during war
4. Spent 2 years in jail within 5 years after registration/naturalization
5. Spent 7 years consecutively outside India
