Polity 6 - Citizenship Flashcards
Does the constitution deal with subsequent acquisition and loss of citizenship
The constitution only mentions who became citizens of India on 26th November 1950 but does not mention anything about subsequent loss or acquisition of citizenship.However it has empowered the parliament to make laws regarding this.
Citizenship constitutes which part of the Constitution ?
Part II , articles 5-11
Which act has the parliament passed with regard to citizenship
Citizenship act of 1955 which has been amended in 1986,1992,2003,2005,2015
Article 5
Persons domicile in India
Any person who has a domicile in India and satisfies any one of the conditions below is a citizen of India
1. If he was born in India
2. If his parents were born in India
3. If he has been residing in India immediately 5 years before the commencement of the constitution
Article 6
Persons who migrated from PAKISTAN
A person who migrated from Pakistan also became a citizen of India if he, either of his parents or any of his grandparents were born in India ,and satisfied one of the following conditions
1. In case he migrated to India before 19th July 1948 and been ordinarily resident since migrating.
2. In case he migrated after 19th July 1948 and got himself registered as a citizen of India . Prior to registering himself he must have resided in India for the past 6 months.
Article 7
Person who migrated to Pakistan but later returned to India
Persons who migrated to Pakistan after 1st March 1947 ,but later returned to India for resettlement could also become citizens of India by applying for citizenship ,but before applying he must have a resident of India for the preceding 6 months
Article 8
Persons of Indian origin (PIO)
A person who or either of his parents or any of grandparents was born in undivided India ,but who is ordinarily residing outside India is or shall become a citizen of India if he has registered himself as an Indian citizen at diplomatic or consular representative of India in the country of his residence whether before or after the commencement of the constitution.
Article 9
No person shall be or deemed to be a citizen of India who has voluntarily acquired the citizenship of a foreign country.
Article 10
Every person who is a citizen of India shall continue to do so ,subject to any law made by the parliament.
Article 11
Parliament shall have the power to make laws with respect to acquisition and loss of citizenship
What does ‘ Ordinarily resident in India’ mean
An applicant shall be deemed to be ordinarily resident in India if
- He has resided in India throughout the period of 12 months before applying for citizenship and
- He has resided in India during the 8 years immediately immediately preceding the said period of 12 months for a period of not less than 6 years.
By how many ways can citizenship be acquired?
- Birth
- Incorporation of territory
- Naturalization
- Descent
- Registration
How can one lose citizenship?
- By termination
- By renunciation
- By deprivation
What type of citizenship does the Indian state offer?
Single citizenship.
What is the most important change in the Citizenship Act of 1955 (amendment 2015)?
It merges the Overseas Citizen of India and Person of Indian Origin schemes.