Constitutional Provisions of Citizenship

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Constitutional Provisions of Citizenship

 Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory). The President of India is termed the first Citizen of India.

Fundamental Rights

Article Five of the Constitution, related to Citizenship at the commencement of the Constitution, states that:

At the commencement of the Constitution, every person who had his domicile in the territory of India and-

  1. Who was born in the territory of India; or
  2. Either of whose parents was born in the territory of India; or
  3. 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.

 

Citizenship Act, 1955

 Citizenship by birth

 Article 5 of the Indian Constitution states that:

Every person born in India,

  1. On or after the 26th day of January, 1950, but before the 1st day of July, 1987;
  2. On or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents was a citizen of India at the time of his birth;
  3. On or after the commencement of the Citizenship (Amendment) Act, 2003,

Where-

  1. Both of his parents are citizens of India; or
  2. One of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth,

shall be a citizen of India by birth.

 

Citizenship of certain people who have migrated to India from Pakistan

 Article 6 of the Indian Constitution mentions that:

 

  1. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if-
  2. 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either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
  3. In the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or
  4. In the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the 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.

 

Rights of citizenship of certain migrants to Pakistan

Article 7 of the Indian Constitution states that:

Notwithstanding anything in Articles 5 and 6 of the Constitution, 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:

  1. 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 purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

Rights of citizenship of certain persons of Indian origin residing outside India

Article 8 of the Indian Constitution states that:

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall 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 where he is for the time being residing on an application made by him therefore 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.

 

Persons voluntarily acquiring citizenship of a Foreign State not to be citizens

 

Article 9 of the Indian Constitution mentions that:

No person shall be a citizen of India by virtue of article 5, or be 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.

 

Continuance of the rights of citizenship

 

Article 10 of the Indian Constitution states that:

Every person who is 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, continue to be such citizen.

 

Parliament to regulate the right of citizenship by law

Article 11 of the Constitution mentions that:

 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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