At the outset of the Constitution, Part II of the Indian Constitution establishes numerous types of Indian citizens. An individual who is a full member of the political community or the State is referred to as a citizen of that state. Citizens are distinct from foreigners or temporary residents, who lack all of the privileges that come with full membership in a state. A citizen’s civil and political rights are unrestricted. Citizenship comes with a set of benefits granted by the Constitution. Dual citizenship—state citizenship and federal citizenship—is found in many federal constitutions.
Dual citizenship means that a citizen of one federating state is effectively an immigrant in another. Due to the fact that there is only one citizenship, all rights, advantages, and duties are the same throughout the country. The Constitution contains two sets of citizenship provisions: one that specifies who are, or may be deemed to be, Indian citizens at the time of the Constitution’s adoption, and the other that states that Parliament may make any provision regarding the acquisition and termination of citizenship, as well as all other matters relating to citizenship. As a result, the Constitution does not contain comprehensive legislation on the matter, which is why the Indian Citizenship Act, 1955 was enacted.
The Act lays down five provisions to acquire Citizenship which are:-
- By Birth – Section 3
When a person is born in India on or after January 26, 1950,
- His father has diplomatic immunity and is not an Indian citizen; or
- His father is an alien enemy and he was born in an area under enemy occupation, he is a citizen of India by birth.
If both parents are citizens of India or one parent is a citizen of India and the other is not an illegal migrant at the time of his birth, a person born in India on or after December 3, 2004 is regarded as an Indian citizen by birth.
2. By Descent – Section 4
A person born outside India on or after January 26th, 1950, is a citizen of India by descent if at the time of his birth his father was an Indian citizen. But if the father of such a person was a citizen of India by descent only, the person becomes an Indian citizen only when his birth has been registered at an Indian consulate within one year of his birth or the commencement of Citizenship Act, whichever is later, or unless his father is, at the time of his birth, in service under the Government of India. If either of his parents was a citizen of India by birth at the time of his birth, and he was born outside India on or after December 10, 1992, but before December 3, 2004, he is deemed an Indian citizen.
If either of the parents is an Indian citizen by ancestry, the child will not be an Indian citizen until his birth is registered at an Indian Consulate within one year of the date of birth, or with the approval of the Central Government after that time has passed. Unless the parents certify that the child does not have a passport of India, a person born outside India on or after December 3, 2004 is not a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
3. By Registration – Section 5(1)
On an application filed by such person and after taking an oath of allegiance, the competent authority may register the following person, who is already a citizen of India under any other provision of the Citizenship Act, as a citizen of India, subject to specified limits and conditions:
a) a person of Indian descent who is habitually residing in India and has been so for at least 6 months immediately prior to the application for registration;
b) people of Indian descent who live outside of undivided India;
c) women who are married to Indian citizens;
d) minor children of Indian citizens;
4. By Naturalisation – Section 6
Naturalization can be obtained by a foreigner (not an illegal migrant) who has been ordinarily resident in India for TWELVE YEARS (during the twelve months immediately preceding the date of application and for ELEVEN YEARS in total in the FOURTEEN YEARS preceding the twelve months) and meets the other requirements set out in the Act’s Third Schedule. The application must be submitted in Form-XII.
5. By incorporation of territory in India – Section 7
If a territory becomes a part of India, the Central Government may inform the people who would become Indian citizens as a result of their ties to that region.
References:-
2. https://www.advocatekhoj.com/library/bareacts/citizenship/index.php?Title=Citizenship%20Act,%201955
Aishwarya Says:
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