5 IMPORTANT Provisions Regarding Citizenship Under Constitution Of India
Citizenship is the status of a person recognized under the law as being a member of the state and In India, Citizenship law is governed by the Citizenship Act 1955 and The Constitution of India.
Therefore, Part II (Article 5-11) of the Indian Constitution defines citizenship and few ways of acquiring it.
Here are 5 Important Provisions regarding citizenship under Constitution Of India that you must know -
As Per Article 6 of the Indian Constitution, a person who has migrated to the territory of India from the territory currently enclosed in Pakistan shall be deemed to be an Indian citizen at the commencement of this Constitution if – If a person migrated from Pakistan to India before 19 July 1948 shall be considered as an Indian citizen if either of the person’s parents or any of his grandparents were born in India as expressed in the Government of India act, 1935 and has been living or residing since the date of migration. And ,for people who migrated after 19 July 1948, they should be registered as a citizen of India by an officer from the Government of India but for registration, the subjected person has to be a resident in the territory of India for a minimum of six months, preceding the date of his application.
According to Article 9 of Indian constitution, persons who voluntarily acquire citizenship of a foreign state will not be citizens of India. As, the Constitution of India does NOT allow dual citizenship. The provision of Overseas Citizenship of India and Person of Indian Origin is often confused with dual citizenship. However, the terms are explained below: Non-Resident Indians: Those who still hold Indian passports but work or live in other countries; Person of Indian Origin (PIO) cardholder: Someone who is a foreign citizen but who at some point of time held an Indian passport or whose parents/grandparents/great-grandparents were born and permanently resided in India or is a spouse of a citizen of India or a PIO and; Overseas Citizenship of India (OCI) cardholders: Those who have given up their Indian passports but hold certain rights in India except voting rights.
Article 10 states that - Every person who is citizen of India under any provisions of this part will be subject to any law enacted by the Parliament. Whereas, 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, as per article 11.
Article 5 of Constitution deals with Citizenship at the commencement of the Constitution, each person who has his or her domicile in the territory of India and : (a) who was born in the Indian territory; or (b) either of whose parents was born in the Indian territory; or (c) An individual who has been ordinarily resident in the Indian territory for at least 5 years immediately preceding such commencement, shall be a citizen of India. Domicile is an essential requirement for acquiring Indian Citizenship which means a permanent home or place where a person resides for a long duration of time. Domicile can be categorized into two – By Birth & By Choice.
Article 8 of Constitution states that any person who or either of whose parents or grandparents were born in India as stated in the Government of India Act 1955 and who is residing ordinarily in any country outside India shall be considered to be a citizen of India.
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