Monday, May 3, 2021

Part - II | CITIZENSHIP | ARTICLE 5 TO 11 | Constitution of India | Indian Polity Notes for UPSC

Meaning of Citizenship

Part-II of the Indian Constitution, from Article 5 to 11, deals with the Citizenship. Citizenship governs the relationship between the states and its citizens while defining their rights and obligations. A citizen is a person who enjoys full membership of the political community or state in which he/she ordinarily resides.

Constitutional Provisions of Citizenship

  • Part-II (Article 5-11) identifies only those person who had become citizens at the time of commencement of the Constitution. It doesn't deal acquisition/loss of citizenship after the commencement. Latter is left to the wisdom of Parliament and to make laws related to citizenship. Hence Parliament made Citizenship Act, 1955.
  • Conditions prescribed by constitution for citizenship at the time of commencement:
    • Article 5(a) : domicile of India and born in India
    • Article 5(b) : domicile of India but not born in India, but either one of his/her parents born in India 
    • Article 5(c) : domicile of India but not born in India, but ordinarily resident of India for 5 years immediately before the commencement of constitution.
    • Article 6 : migrated from Pakistan to India before July 19, 1948 and:
        • either of his/her parents/grand-parents were born in India
        • has been registered as a citizen of India in prescribed method. (for detail read article 6 clause(b) 2 in the last section of this blog)
    • Article 7 : migrated from Pakistan to India after March 1, 1947 under a permit of resettlement.
    • Article 8 : any person who is living outside India but either of his/her parents/grand-parents were born in India.
    • Article 9 : if a person voluntarily acquires citizenship of foreign nation, he/she losses his/her Indian citizenship.
    • Article 10 : every person who is or is deemed to be a citizen of India is subject to the provision of any law made by parliament.
    • Article 11 : Parliament has the power to make laws related to acquisition/termination as well as any matter related to citizenship.

Acquisition of Citizenship of India

Citizenship Act, 1955 provides following grounds to acquire citizenship:

By Birth

  • Any person born in India on or after January 26, 1950, shall be citizen of India by the law of soil, if either of his/her parents are/were citizen of India at the time of his/her birth.

By Descent 

  • Any person born outside India on or after January 26, 1950, shall be citizen of India, if either of his/her parent (before 1992, it has to his/her father) is citizen of India at the time of his/her birth.
  • After December 3, 2004 onwards, if a person is born outside the India, it is mandatory for his/her parents to register the birth with Indian Consulate within one year, else he/she shall not be citizen of India by descent.

By Registration

  • The prescribed authority may, on application, register  as a citizen of India, any person who is not a citizen by virtue of Constitution or the provision of the Citizenship Act, 1955.
  • One condition here is that the person should not be an illegal migrant.

By Naturalisation

  • The Central Government may, on an application, grant a certificate of naturalisation to any person, not being an illegal migrant, if he/she fulfils the following criteria:
    • he/she should not be citizen of country that prevents Indian citizens to acquire their citizenship by naturalisation.
    • he/she must undertake to renounce the citizenship of his/her country if his/her application for Indian citizenship got accepted.
    • he/she must be residing in India or working for Government of India, or both, throughout the period of 12 months immediately preceding the date of application.
    • 14 years, immediately preceding the above mention 12 months, he/she must be residing in India for 11 years aggregated.
    • Must know at least one out of 22 official language of India mentioned in 8th Schedule of Indian Constitution.
    • he/she intend to reside in India if he/she gets the citizenship by naturalisation.

By Incorporation of Territory

  • If India acquires a territory or new territory becomes its part, the Government of India will decide who becomes the citizen of India.

Loss of Citizenship of India

Citizenship Act, 1955 provides 3 grounds on which a person can loose his/her citizenship

Renunciation

  • any person can renounce his/her citizenship voluntarily and after registration of his/her declaration of renunciation, he/she cease to exist as Indian citizen.

Termination

  • by voluntarily acquiring citizenship of other country/nation.

Deprivation

  • Compulsory termination by Government of India on the following grounds:
    • If the person has obtained the citizenship by fraudulent means.
    • showing disloyalty towards the Constitution of India.
    • if imprisoned for 2 years in any country, immediately within 5 years of getting citizenship by naturalisation

How many times Citizenship Act, 1955 has been amended?

  • So far Citizenship Act, 1955 has been amended 5 times:
    1. The Citizenship (amendment) Act, 1986
    2. The Citizenship (amendment) Act, 1992
    3. The Citizenship (amendment) Act, 2003
    4. The Citizenship (amendment) Act, 2005
    5. The Citizenship (amendment) Act, 2019

Fundamental Rights available only to citizens

  • Rights given under Article 15, 16, 19, 29, 30

PIO (Person Of Indian Origin) Card Holder

Who is eligible for PIO Card?

  1. any person who at any time held an Indian Passport, or
  2. he/she or either of his/her parents/grandparents/great-grandparents were born in and was permanent resident in India as defined by Government of India Act, 1935, provided  neither was at any time a citizen of Bangladesh, Nepal, Bhutan, China, Sri-lanka, Pakistan and Afganistan, or
  3. he/she is a spouse of an Indian citizen or a person of Indian origin as mentioned above.

Benefits of holding PIO Card

  • Can visit India without visa for 15 years from date of issue of PIO card.
  • One time registration with police authority if stay exceeds 180 days.
  • Parity with NRIs expect in matter relating ti acquisition of agricultural plantation property.
  • No parity in sphere of political rights.

OCI (Overseas Citizens of India) Card Holder

Who is eligible for OCI Card?

  • A foreign national who was eligible to become citizen of India on Jan 26, 1950 or was citizen any time after or belonged to territory that became a part of India after August 15, 1947 and his/her children, grandchildren provided his/her country allows dual citizenship in some form or other under local law.
  • If applicant has ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for this card.

Benefits of holding OCI Card

  • A multiple entry, multipurpose life long visa for visiting India.
  • Exemption from registration with local police authority.
  • Parity with NRIs except in matters relating to acquisition of agricultural plantation property.
  • No parity in sphere of political rights.


Articles related to Citizenship

Reading these articles in detail is not compulsory from UPSC Civil Services point of view, but good for reference if in confusion. You can always come back later to check on these articles for reference and for enrichment of your answer writing from Mains point of view. Purpose of adding this section is to help you get all the information from a single source.

Article 5

  • Citizenship at the commencement of the Constitution.
  • At the commencement of this Constitution, every person who has his/her domicile in the territory of India and:
    • Clause (a): who was born in the territory of India
    • Clause (b): either of whose parents was born in the territory of India; or
    • Clause (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 territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if:
    • Clause (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
    • Clause (b): following two conditions;
      1. in case where such person has so migrated before the nineteenth day of July, 1948, he/she has been ordinarily resident in the territory of India since the date of the migration, or
      2. in the case where such person has so migrated on or after the nineteenth day of July, 1948, he/she has been registered as a citizen of India by an officer appointed in that behalf by Government of 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.
  • Notwithstanding anything in article 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 purpose 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 defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country as so defined shall be deemed to be 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 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 provision of this Part shall, subject to the provision 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.

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