Citizenship of India Articles 5-11

About

Citizenship in India is the legal status that grants people certain rights and privileges in the country. The Citizenship Act of 1955 governs topics associated with Indian citizenship. The act defines various methods by which someone can gather or lose Indian citizenship.

Accumulation of citizenship

• • There are 3 essential ways thru which people can accumulate Indian citizenship:

• By Birth:

• • • Individuals born in India on or after January 26, 1950, are taken into consideration residents of India by birth.
    • Individuals born in India between January 26, 1950, and July 1, 1987, are considered citizens no matter the nationality of their parents.
    • Individuals born in India on or after July 1, 1987, but earlier than the commencement of the Citizenship (Amendment) Act, 2003, are considered residents if as a minimum one discern is a citizen of India at the time of their birth.

• By Descent

• • • Individuals born outside India on or after January 26, 1950, however before December 10, 1992, are taken into consideration citizens if their father is a citizen of India at the time of their birth.
    • Individuals born outside India on or after December 10, 1992, are considered residents if either of their parents is a citizen of India at the time of their birth.

• By Registration

• • Individuals who are not residents by means of delivery or descent can gather Indian citizenship via registration under certain conditions. This includes humans who’ve been living in India for several years or are married to Indian citizens.
  • The Citizenship (Amendment) Act of 2003 introduced provisions for Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO), allowing certain categories of overseas nationals of Indian birthplace to have certain privileges and rights in India without full citizenship.
  • It’s vital to mention that the acquisition of Indian citizenship can also cause the loss of citizenship in some instances. For instance, a person who voluntarily acquires the citizenship of every other united states may additionally lose their Indian citizenship. Additionally, the authorities of India have the authority to cancel or revoke citizenship under particular instances.

Citizenship: Part II of Constitution

• Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.
• Article 5: Citizenship at the Commencement of the Constitution
• At the commencement of this Constitution, any body who has his domicile in the territory of India and –

(a) who turned into born in the territory of India; or

(b) either of whose parents have been born within the territory of India; or

(c) who has been typically resident in the territory of India for not much less than 5 years immediately preceding such commencement, will be a citizen of India.

• Article 6: Rights of citizenship of positive 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 blanketed in Pakistan will be deemed to be a citizen of India on the commencement of this Constitution if –(a) he or both of his parents or any of his grand-mother and father was born in India as defined in the Government of India Act, 1935 (as at first enacted); and
    (b) (i) In the case in which such someone has so migrated before the 19th day of July 1948, he has been mainly resident in the territory of India since the date of his migration, or(ii) in the case where such someone has so migrated on or after the nineteenth day of July 1948, he has been registered as a citizen of India via an officer appointed on that behalf via the Government of the Dominion of India on an software made by him therefore to such officer before the graduation of this Constitution in the form and way prescribed by that Government:

• • Provided that no person shall be so registered except he has been resident in the territory of India for as a minimum 6 months without delay previous the date of his software.

• Article 7: Rights of citizenship of certain migrants to Pakistan
  • Notwithstanding anything in articles five and 6, someone who has after the first day of March 1947, migrated from the territory of India to the territory now protected in Pakistan shall not be deemed to be a citizen of India:
  • Provided that not anything in this newsletter shall apply to a person who, after having so migrated to the territory now protected in Pakistan, has returned to the territory of India underneath a allow for resettlement or permanent return issued by or under the authority of any law and each such person shall for clause (b) of Article 6 be deemed to have migrated to the territory of India after the 19th day of July 1948.

• Article 8: Rights of citizenship of certain people of Indian origin living outside India

• • • Notwithstanding some thing in Article 5, any character who or both of whose parents or any of whose grandparents was born in India as defined within the Government of India Act, 1935 (as at first enacted), and who’s basically residing in any country outside India as so described will 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 in which he is in the interim living on an software made with the aid of him therefor to such diplomatic or consular consultant, whether or not before or after the commencement of this Constitution, in the shape and way prescribed through the Government of the Dominion of India or the Government of India.

• Article 9: Persons voluntarily acquiring citizenship of a foreign State now not to be residents

• • • No person shall be a citizen of India by means of Article 5 or be deemed to be a citizen of India by Article 6 or Article eight if he has voluntarily obtained the citizenship of any foreign State.

• Article 10: Continuance of the rights of citizenship

• • • Every person who’s 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, remain such citizen.

• Article 11: Parliament to regulate the right of citizenship through law

• • Nothing within the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision regarding the purchase and termination of citizenship and all different subjects referring to citizenship.

Download as PDF