General Awareness Citizenship

Citizenship

- The Citizenship Act, 1955 came into force with effect from 30th December 1955.
- It deals with matters relating to the acquisition, determination and termination of Indian citizenship.
- Also it provides for the acquisition of Indian citizenship by birth, by descent, by registration and by naturalization.
- The act has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
- Part-II of the Indian Constitution deals with Citizenship, i.e., it contains the laws pertaining to the subject of citizenship of India.
- This part contains seven articles.

Acquisition of Indian Citizenship

Indian Citizen Ministry of Home Affairs states that Indian citizenship can be acquired by birth, descent, registration, and naturalization.

Article 5 - Citizenship by Domicile

Under this article every person having domicile in India at the time of commencement of the constitution and fulfilling any of the following conditions is a citizen of India as on 26th Jan 1950:

- Born in the territory of India.
- Either of whose parents was born in the territory of India.
- Who has been residing in India for at least 5 years immediately preceding the commencement of the constitution.

Article 6 - Citizenship by Migration

Any migrant from Pakistan to India is citizen of India on 26th Jan 1950, if he or either of his parents or either of his grandparents was born in undivided India and fulfilled any of the following two conditions:

- Migrated to India before 19th July 1948 and since then has been ordinarily resident in India.
- Migrated to India on or after 19th July 1948 and has been registered as an Indian.

Article 7 - Citizenship to Migrants to Pakistan

If a citizen of India has migrated to Pakistan after 1st March 1947, ceases to be a citizen of India.

Article 8 - Citizenship by Registration

- A person who himself or either of his parents or grandparents was born in undivided India and who is now ordinarily resident in some part of country can obtain Indian citizenship by registration.

Article 9-11

Article 9
No person who is a citizen of India can be a citizen of India if he voluntarily acquired the foreign citizenship. In simple language, there ain’t any concept of dual citizenship in Indian Constitution.

Article 10
This article declares that every person who is or deemed to be a citizen of India under any of the provision of part-II will continue to be a citizen of India.

Article 11
Parliament under Article 11 can make laws for acquisition and termination of citizenship and also for all other matters relating to citizenship.

Loss of Citizenship

The Citizenship Act, 1955 prescribes whether acquired under the act or prior to it under the Constitution viz. renunciation, termination and deprivation.

3 Ways to Lose Citizenship in India

1. Renunciation
It is a voluntary act by which a person, after acquiring the citizenship of another country, gives up his Indian Citizenship. This provision is subject to certain conditions.

2. Termination
It takes place by operation of law when an Indian citizen voluntarily. He automatically ceases to be an Indian citizen.

3. Deprivation:
It is a compulsory termination of Indian citizenship by the Central government, if the citizen has
- obtained the citizenship by fraud.
- shown disloyalty to the Constitution of India.
- unlawfully traded or communicated with the enemy during a war.
- within five years after registration or neutralization, has been imprisoned in any country for two years.
- has been ordinarily resident out of India for seven years continuously.

Types of Writs

1. Habeas Corpus: To release a person who has been detained unlawfully, whether in prison or in private custody.

2. Mandamus: To secure the performance of public duties by a lower court, tribunal or public authority, which they fail to do on their own.

3. Certiorari: To quash an order already passed by a lower court, tribunal or quasi-judicial authority.

4. Prohibition: To prohibit an inferior court from continuing the proceedings in a case when it is outside their jurisdiction.

5. Quo Warranto: To restrain a person from holding a public office to which he is not entitled.

 
SiteLock