SSC and Railway Notes Citizenship in India
Some special features:
- India has two kinds of people- Citizens and Aliens.
- Citizens are the Indies dual who enjoys full membership of political community and they enjoy all civil political rights.
- Aliens, on the other hand, are the citizens of some other state; do not enjoy all civil and political rights. They are of two categories friendly aliens or enemy aliens.
- Enemy aliens enjoy lesser rights them the friendly aliens, e.g. they do not enjoy protection against arrest and detention (Article-22).
Rights enjoyed by Citizens of India not by Aliens:
- Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article-15).
- Right to equality of opportunity in the matter of public employment (Article-16).
- Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article-19).
- Cultural & educational rights (Articles 29 & 30).
- Rights to vote in election to the lok Shaba and state legislative assembly.
- Right to contest for the membership of Parliament and the state legislature.
- Right to hold certain public offices, that is President of India, Vice-President of India, Judges of the Supreme Court and the High Courts, governor of the states, attorney general of India and advocate general of states.
- The constitutional deals with citizenship from Articles 5 to 11 under part II.
- Our constitution has neither any permanent nor any elaborate provisions regarding Citizenship.
- Articles 5 to 10 say only three things regarding citizenship:
a). No Dual Citizenship.
b). No Dual Nationality,
c). It tells us who on 26th Jan, 1950 i.e. on the commitment of the constitution where the citizens (by domicile, Migration & Anglo-Indians).
- Article 11 authorise the parliament to make any prevision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
- For this purpose, the parliament of India has enacted 'Citizenship Act in 1955'.
Acquisition of Citizenship:
- By Birth:- a person born in India and at the time of his/her birth, one or both the parents are Indian Citizens.
- By Decent:- A person born outside India and at the time his/ her birth, one or both the parents are Indian Citizens.
- By Registration: four categories of people can acquire Indian Citizenship by registration.
a). Persons of Indian Origin.
b). Citizen of common wealth state.
c). Women married to Indian Man.
d).Minor children of Indian parents.
- By Naturalisation: Anyone not following in categories 1, 2, 3 can apply for Indian Citizenship through Naturalisation. They will have to fulfil the residential Qualification of living in India for 10 consecutive yrs.
- By Incorporation of a new Territory:- When a new territory is incorporated, its people are offered Indian Citizenship, if they accepted then the government is bound to give them citizenship.
Loss of Citizenship:
- By Renunciation:- A person voluntarily surrounding the citizenship of India on acquiring the citizenship of another country.
- By Termination: If a person on acquiring the citizenship of another country and does not voluntarily surrenders the citizenship of India then his citizenship may be terminated.
- By Deprivation: it is a compulsory termination if Indian citizenship by the central government, if:-
b). The citizen has shown disloyalty to the constitution of India,
c). The citizen has unlawfully traded or communicated with the enemy during the war,
d). The citizen has seen ordinarily resident out of India for seven years continuously.