Citizenship

Meaning of Citizenship :- A citizen is a person who enjoys full membership of the community or State in which he/she ordinarily lives.

 

Citizens and Aliens

Ø  The population of a State is divided in 2 classes - citizens and aliens

Ø  While citizens enjoy full civil and political rights, aliens do not enjoy all of them.

Ø  The citizens of India have the following rights under the Constitution which aliens shall not have :-

1.      Some of the fundamental rights belong to citizens alone, such as, Art. 15, 16, 19

2.      Only citizens are eligible for certain offices, such as those of the President [Art. 58(1)(a)]; Vice President [Art. 66(3)(a)]; Judge of the Supreme Court [Art. 124(3)] or of a High Court [Art. 217(2)]; Attorney General [Art. 76(2)]; Governor of a State [Art. 157]; Advocate General [Art.165]

3.      The right of suffrage [Art. 326] and the right to become MP [Art. 84] or MLA [Art. 191(d)] are also confined to citizens.

v  All the above rights are denied to aliens

 

Note :

1.     The Constitution did not intend to lay down a permanent or comprehensive law relating to citizenship in India.

2.    It simply described the classes of persons deemed to be citizens at the date of the commencement of the Constitution and left the entire law of citizenship to be regulated by some future law made by Parliament.

3.    Parliament has enacted the Citizenship Act, 1955 making elaborate provisions for the acquisition and termination of citizenship.

 

Acquisition of Citizenship

The citizenship Act, 1955 provides for the acquisition of Indian citizenship after the commencement of the Constitution in five ways :-

1.      Citizenship by birth -

a)      Conferred on those born in India on or after January 26, 1950 but before July 1, 1987

b)      those born on or after July 1, 1987 but before December 3, 2004  if either of his/her parents was a citizen of India at the time of his/her birth

c)      on or after December 3, 2004 if both of his/her parents are citizens of India or one of whose parents is citizen of India and the other is not an illegal migrant at the time of his/her birth  

d)      the latter provision was added by an amendment to citizenship act in 1986 to prevent illegal immigration from Bangladesh, Sri Lanka etc

      2. Citizenship by descent -

a)      a person born outside India on or after January 26, 1950, shall be a citizen by descent, if one or both of his/her parents are citizens of India at the time of that person's birth

     3. Citizenship by registration -

a)      Any person who is not a citizen can apply for registration as a citizen if he/she belongs to any of the following categories :-

        I.            persons of Indian origin who are ordinarily resident in India for five years immediately before making an application for registration

      II.            person of Indian origin who are ordinarily resident in any country or place outside India

    III.            person who are married to citizens of India

    IV.            minor children of persons who are citizens of India

      V.            persons of full age and capacity who are citizens if a country mentioned in schedule I to the Act

b)      the person must have resided in India for at least five years immediately before making an application for registration as a citizen

     4. Citizenship by naturalisation -

            A foreigner can acquire Indian citizenship by naturalisation provided he/she satisfies certain conditions like:-

a)      resided for at least 10 years in India immediately before making an application

b)      not a citizen of a country where Indian citizens are prevented from becoming citizens by naturalisation

c)      renounces his/her citizenship of other country

d)      resided and/or bear in govt service for 12 months immediately preceding the date of application

e)      during 7 years prior to these 12 months, he/she has resided and/or been in govt service for not less than 4 years

f)       good character

g)      adequate knowledge of a language recognised by the Constitution

h)      after naturalisation he/she intends to reside in India

Note :- If Central govt is of the opinion that the applicant has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress, it may waive the conditions for naturalisation in his/her case.

      5. Citizenship by incorporation of territory -

a)      If any new territory becomes a part of India, the Govt of India shall notify the persons of that territory to be citizens of India

 

Loss of Citizenship

The Citizenship Act, 1955 lays down three modes by which an Indian Citizen may lose his citizenship :-

1.     Renunciation

a)      It is a voluntary act

b)      a person after acquiring the citizenship of another country gives up his Indian citizenship

       2. Termination

a)      It takes place by operation of law

b)      when an Indian citizen voluntarily acquires the citizenship of another country, he automatically ceases to be an Indian citizen

      3. Deprivation

a)      It is a compulsory termination of the citizenship of India obtained by Registration or Naturalisation

b)      the citizenship is deprived on the basis of an order of the Govt of India, in cases involving acquisition of Indian citizenship by fraud, false representation, concealment of material fact or being disloyal to the Constitution etc.

 

One Citizenship in India

A person born or resident in any State can acquire only one citizenship, namely, that of India and the civil and political rights which are conferred by the Constitution upon the citizens if India can be equally claimed by any citizens of India irrespective of his birth and residence in any part if India.

However, permanent residence within a State may confer advantages in certain other matters :-

1.     Art. 16(3)

                                     i.        there shall be no qualification for residence for employment under the Union but by Art. 16(3), Parliament is empowered to lay down that as regards any particular class or classes of employment under a State or a Union Territory residence shall be necessary qualification.

                                    ii.        Parliament would be the sole authority to legislate in this matter and that State Legislature shall have no voice.

     2. Art. 15(1)

                                     i.        Art. 15(1) prohibits discrimination on grounds only of race, religion, caste, sex or place of birth, does not mention residence.

                                    ii.        It is constitutionally permissible for a State to confer special benefits upon its residents. eg - levying concessional admission fees to State educational institutions to its residents.

     3. Art. 370

                                                        i.            the legislature of the State of Jammu and Kashmir is authorised to confer special rights and privileges upon persons permanently resident in the State -

a.      employment under the State govt

b.      acquisition of immovable property in the State

c.       settlement in the State

d.      right to scholarships and such other forms of aid