Class 11 Flashcards
ARTICLE 5
● For those people who were living in India
● Any person having a Domicile in India
● And fulfilled one of the 3 conditions
○ Born in the territory of India; or
○ Either of whose parents was born in Territory of India; or
○ Has been living in India for 5 years immediately preceding the Constitution
● Will become a Citizen of India
● Word Domicile
○ Mentioned in the Constitution
○ But not defined anywhere
ARTICLE 6
● Dealing with people who migrated to India from Pakistan
● Any such person will be a Citizen of India if
○ He or either of his parents or either of his grand parents were born in India as defined by Government of India Act 1935
● One of the 2 conditions should be fulfilled
○ If he entered before 19th July 1948 and has been living in India since then; or
○ If he entered a er 19th July 1948, then he had to live in India for 6 months and then get
registered as a Citizen
● 19th July 1948
○ The date on which Permit System came into force
ARTICLE 7
● Any person who migrated to Pakistan a er 1st March 1947 ○ But later returned to India before 26th January 1950
● A er returning back to India
○ Live here for 6 months
○ And then apply for the Citizenship
ARTICLE 8
● Indian living Abroad
○ If he or either of his parents or any of his grand parents were born in undivided India (as
defined by Government of India Act 1935)
○ Made an application to the Diplomatic Mission of India in that Country
○ Registered with the Diplomatic mission of India in that country
● Before and a er the Commencement of the Constitution
ARTICLE 9
● If a person has acquired Citizenship of a foreign country
○ Voluntary acquisition of citizenship
○ He will no longer be an Indian Citizen
● Single Citizenship
ARTICLE 10
● Every person who is a Citizen of India
○ Will continue to be Citizen of India
○ Subject to provisions of the law made by the Parliament
● Parliament
○ Bylaw
○ Make provisions to take away the citizenship of such a person ● Citizenship of a person
○ Is not a permanent concept
○ Can be taken away
ARTICLE 11
● Parliament
○ Power to make laws
○ For acquisition and termination of citizenship
○ And other matters related to Citizenship
● No power given to the States
○ To make laws related to Citizenship ● Quasi Federal feature
CITIZENSHIP ACT, 1955
○ Passed by the Parliament
○ Provides for Acquisition and Termination of Citizenship
ACQUISITION OF CITIZENSHIP
● 26th January 1950 – 1st July 1987
● 1st July 1987 – 3rd December 2004
● 3rd December 2004 – Till today
● By Birth
○ Any person born in the territory of India
○ Citizenship and Nationality of Parents is not important
○ Any person born in the territory of India
○ Either of the parents – Citizen of India at the time of Birth
○ Nothing mentioned about the other parent
○ Any person born in the territory of India
○ Either of the parents is citizen and the other is not an illegal immigrant
ACQUISITION OF CITIZENSHIP
● Children of Foreign Diplomats and Enemy Aliens
● By Descent
● 26th January 1950 – 10th December 1992
● 10th December 1992 – 3rd December 2004
● 3rd December 2004 – Till Today
○ No citizenship by Birth
○ Through family lineage
○ Born outside India
○ Father is an Indian Citizen
○ Born outside India
○ Either parents is a citizen of India during the birth of the child
○ Born outside India
○ Birth should be registered within 1 year at Indian Consulate
○ Application by parents – child doesnʼt hold the passport of any other country
○ Child should renounce the citizenship of any other country within 6 months a er turning
18
ACQUISITION OF CITIZENSHIP
● By Registration
● Components of oath
● Who is a person of Indian Origin?
○ A person of Indian Origin living in India for 7 years before making an application
○ A person married to an Indian Citizen and is living in India for 7 years before making an
application
○ Minor children of people who are Citizens of India
○ Bear true faith and allegiance to the Constitution of India
○ Faithfully observe laws of India
○ Fulfill duties as Citizens of India
○ The person or either of the parents
○ Born in undivided India
○ Or in such territory that is a part of Independent India
ACQUISITION OF CITIZENSHIP
● By Naturalization
○ The person should not be a citizen of a country where Indians cannot become citizens by
Naturalization
○ They are willing to renounce the citizenship of their previous country
○ Been living in India for 12 months immediately preceding the application for citizenship
○ Before the period of 12 months, has lived in India for 11 years out of the preceding 14 years
○ The person is of good character
○ Adequate knowledge of English or any other Schedule 8 Language
○ Has intention to live in India a er getting Citizenship by Naturalization.
ACQUISITION OF CITIZENSHIP
● Government can make exceptions
● People applying for Citizenship by Naturalization
● Components of oath
○ Those who have contributed in Science, Philosophy, Art, Literature, World Peace and
Human Progress
○ Can waive all or any of the above conditions
○ Oath
○ Bear true faith and allegiance to the Constitution of India
○ Faithfully observe laws of India
○ Fulfill duties as Citizens of India
ACQUISITION OF CITIZENSHIP
● A person of full age and capacity whoʼs parents are Citizens of India
● A person of full age and capacity who or either of his parents were citizens of Independent India
and is now living in India from 12 Months
● A person of full age and capacity who has been registered as an Overseas Citizen of India for 5
years and who has been living in India since 12 months
● People applying for Citizenship by Registration
-Oath
FACTS FOR PRELIMS
● Indian President
● USA President
○ Citizenship can be acquired by any mode including Birth or Naturalization
○ Only Citizens by Birth can be US Presidents
