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Citizenship

The document discusses the different types of citizenship in India including citizenship by domicile, citizenship for those who migrated from Pakistan after independence, and citizenship for persons of Indian origin residing abroad. It outlines the relevant constitutional provisions regarding citizenship from Articles 5-11 and explains the key aspects of each type of citizenship established under the constitution.

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22 views14 pages

Citizenship

The document discusses the different types of citizenship in India including citizenship by domicile, citizenship for those who migrated from Pakistan after independence, and citizenship for persons of Indian origin residing abroad. It outlines the relevant constitutional provisions regarding citizenship from Articles 5-11 and explains the key aspects of each type of citizenship established under the constitution.

Uploaded by

Divya
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CITIZENSHIP

CONSTITUTIONAL LAW-I
5 YEAR BBA LLB 2ND SEMESTER
Prepared by
KIRAN S SEKHAR
Asst. Professor
Nehru Academy of Law
INTRODUCTION

The territory of any country comprises of two classes of people - nationals &
foreigners. The country provides certains rights & privileges to its nationals
and they are called Citizens. Therefore , citizen is a person who is entitled to
certain civil rights & privileges in sovereign state.
Citizenship is a process by which the state or country confers certain civil
and political rights on a person. It means that the citizen shall receive
certain care, protection, facilities, be entitled to hold offices, be eligible for
recruitment to public services & be subjected to certain obligations such as
taxation etc.
KINDS OF CITIZENSHIP

Citizenship is of two kinds


1. Dual Citizenship : it means that a person will have two citizenships,
namely, citizenship of the country & citizenship of the state.
2. Single Citizenship : it means a person will have only one citizenship of
his or her country.
CONSTITUTIONAL PROVISIONS RELATED TO
CITIZENSHIP
Part -II containing Articles 5- 11 of the Constitution of India lay down the
provisions relating to citizenship.

Art. 5 to 8 of the Constitution deal with citizenship of India at the


commencement of the constitution.
The citizens at the time of commencement of Constitution may be classified
into :

1. Citizenship by domicile (Art.5)


2. Citizens migrated from from Pakistan(Art.6)
3. Persons migrated to Pakistan(Art.7)
4. Citizenship of persons of Indian origin residing outside India(Art.8)
Citizens by domicile (Art.5)

Domicile means a permanent place where a person resides with an


intention to remain there permanently.

According to Art.5, a person is said to be a citizen by domicile if he/she


fulfills two conditions :

1. At the time of commencement of the Constitution, he must have his


domicile in India.
2. The person must fulfil any of the following conditions :
1.He/She was born in India

2. Either of his /her parents was born in India


3. He/She has been ordinarily residing in India for not less than five
years immediately preceding the commencement of the
Constitution
Citizens migrated from Pakistan (Art.6)

The Independence of India was accompanied by a large scale migration of


people from Pakistan. As these people belonged to the territory which
ceased to be a part of India after the Independence, they could not be
regarded as Indian citizens under Art. 5 and, therefore, special provisions
had to be made for them in the Constitution.
Under Art. 6, an immigrant from Pakistan became a citizen of India if he, or
either of his parents, or any of his grandparents, was born in India ( prior to
the Independence), and, in addition, fulfilled either of the following two
conditions :
(1)in case he migrated to India before July 19, 1948, he had been ordinarily
resident in India since the date of his migration.

(2) in case he migrated on or after July 19, 1948, he had been registered as
a citizen of India.

A person could be so registered only if he had been resident in India for at


least six months preceding the date of his application for registration.
Citizenship of persons migrated to Pakistan (Art.7)

Under Art. 7, a citizen of India by domicile or by migration ceases to be


citizen if he has migrated to Pakistan after March 1, 1947. If, however, after
migration to Pakistan, he has returned to India under a permit of
resettlement, or permanent return, he can register himself as a citizen of
India in the same manner as a person migrating from Pakistan after July 19,
1948
Citizenship of persons of Indian origin residing
outside India
According to Art. 8, a person who, or either of whose parents, or any of
whose grandparents, was born in India (before independence) but who is
ordinarily residing in any country outside India and Pakistan, may register
himself as a citizen of India with the diplomatic or consular representative
of India in the country of residence
Persons voluntarily acquiring citizenship of a foreign
State not to be citizens - Art 9
Under Art. 9, no person can be a citizen of India under Arts. 5, 6 and 8, if he
has voluntarily acquired the citizenship of a foreign country. This provision
thus recognises the principle that no Indian citizen can claim a dual or plural
citizenship.
Continuance of the rights of citizenship- Art.10

Every person who is or is deemed to be a citizen of India under any of the


Part- II shall continue to be such citizen subject to the provisions of any law
that may be made by Parliament.
Parliament to regulate the right of citizenship by law -Art 11

As per Art. 11 Parliament has the power to make any provision with respect
to the acquisition and termination of citizenship and all other matters
relating to citizenship

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