Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship. The term citizenship entails the enjoyment of full membership of any State in which a citizen has civil and political rights.
Article 5: Citizenship at the commencement of the Constitution
This article talks about citizenship for people at the commencement of the Constitution, i.e., on November 26th, 1949. Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and –
- Who was born in Indian territory; or
- Whose either parent was born in Indian territory; or
- Who has ordinarily been a resident of India for not less than 5 years immediately preceding the commencement of the Constitution.
Article 6: Citizenship of certain persons who have migrated from Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the Constitution if –
- He or either of his parents or any of his grandparents was born in India as given in the Government of India Act of 1935; and
- (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in India since his migration, or
(b) in case such as a person has migrated after July 19th, 1948 and 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 thereof to such an officer before the commencement of the Constitution, provided that no person shall be so registered unless he has been resident in India for at least 6 months immediately preceding the date of his application.
Article 7: Citizenship of certain migrants to Pakistan
This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but subsequently returned to India.
Article 8: Citizenship of certain persons of Indian origin residing outside India
This article deals with the rights of people of Indian origin residing outside India for purposes of employment, marriage, and education.
People voluntarily acquiring citizenship of a foreign country will not be citizens of India.
Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be citizens and will also be subject to any law made by the Parliament.
Article 11: Parliament to regulate the right of citizenship by law
The Parliament has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship.
Citizenship of India constitutional provisions
- Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.
- The Citizenship Act, 1955 is the legislation dealing with citizenship. This 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.
- Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli (citizenship by right of birth within the territory).
Citizenship Act, 1955
Citizenship of India can be acquired in the following ways:
- Citizenship at the commencement of the Constitution
- Citizenship by birth
- Citizenship by descent
- Citizenship by registration
- Citizenship by naturalization
- By incorporation of territory (by the Government of India)
- People who were domiciled in India as on 26th November 1949 automatically became citizens of India by virtue of citizenship at the commencement of the Constitution.
- Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian citizens.
- A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at the time of birth.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge