Constitution Topics

Citizenship – Assistant Exam Special

ഇന്ത്യൻ പൗരത്വവുമായി ബന്ധപ്പെട്ട് PSC പരീക്ഷക്ക് വരാൻ സാധ്യതയുള്ള പ്രധാന ഭാഗങ്ങൾ ആണിവിടെ കൊടുത്തിരിക്കുന്നത്.

What is citizenship?

Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or part of a nation.

India has two type of people – citizens and Aliens.

Citizens are full members of the Indian state and aliens are the citizens of other countries. In India, both a citizen by birth as well as a naturalized citizen are eligible for the office of president.

Article 5 to 11 deals with citizenship.

Indian constitution empowers the Parliament to enact laws relating to citizenship. The citizenship act 1955 provides for the Commonwealth citizenship but this provision was repealed by the citizenship Amendment Act 2003.

A person can acquire Indian citizenship by 5 ways:

  1. By birth
  2. By descent
  3. By registration
  4. By naturalization
  5. By incorporation of territory

Citizenship by birth

A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. For those born in India on or after 3rd December 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth. The children of foreign diplomats posted in India and Enemy countries cannot acquire Indian citizenship by birth.

Citizenship by descent

From 3rd December 2004 onward a person born outside India shall not be a citizen of India by this Sunday unless is Birth registered at an Indian consulate within one year of the date of birth or is with the permission of the central government after the expiry of the set period.

Citizenship by registration

The central government may register as a citizen of India any person.

Citizenship by naturalization

The central government may on an application Grande a certificate of naturalization to any person.

Citizenship by incorporation of territory

If any foreign territory becomes a part of India the Government of India specifies the persons who among the people of the territory shall be the citizens of India such a person become the citizen of India from the notified date.

Loss of citizenship

The citizenship act 1955 prescribes three ways of losing citizenship.

  1. By renunciation – Any citizen of India of full AIDS and capacity can make a declaration renouncing his Indian citizenship.
  2. By termination – when an Indian citizen voluntary across the citizenship of another country is Indian citizenship automatically terminates.
  3. By deprivation -It is a compulsory termination of Indian citizenship by the central government.

Do the Indian Constitution is Federal and envisages a dual polity it provides for only a single citizenship that is the Indian citizenship.

In the USA, each person is not really a citizen of USA but also of the particular state to which he belongs.