Citizenship

• Citizens and Aliens
• Aliens
  • Enemy aliens(war)(No A22 - can be arrested)
  • Friendly aliens
• Only citizens
  • Right
    • A15 - Discrimination
    • A16 - Employment
    • A19 – Freedom
    • A29 &30 – Cultural and educational
    • contest in election
    • public office
    • Both naturalised and citizen by birth can become prez but in USA only by birth
  • Duties
    • Taxes
    • Respect to national flag and national anthem
    • Defend country

Constitutional provisions

• A5-11 under part II – Only identifies who are citizen from Jan26,1950 for acquisition or loss constitution empowers parliament = Citizenship Act 1955
  • A5 Domicile & anyone below
    • Born
    • Either parent born
    • Ordinarily resident for 5 year before commencement of constitution
  • A6 Migration - He or either parent or grandparent born in undivided India and anyone below
    • Migrated before July 19, 1948 and resided
    • After July 19, 1948 and registered as citizen (resided 6 months before application)
  • A7 Migrated to Pakistan after March 1, 1947, but returned and 6month resided for registration 
  • A8 Indian origin residing outside
    • he or parents or grandparent born in India but ordinarily resides outside India but registered with consulate or embassy for citizenship 
• Other provisions
  • A9
    • Take other citizenship and loose India
  • A10
    • Citizen continue to be citizen subject to law
  • A11
    • Parliament can make law for acquisition and termination

Citizenship Act 1955

• Provides for acquisition & loss of citizenship after commencement of constitution
• amended 9 times in 1957,1960,1985,1986, 1992, 2003(repealed common wealth citizenship), 2005, 2015, 2019

Acquisition of citizenship

By birth

• 26^th jan 1950 - 1^st July 1987 born India irrespective of nationality of parents
• On or after 1^st July 1987 – only if either parents Indian citizen
• On or after 3^rd dec 2004 – both citizen of India or one citizen and other not illegal migrant
• Children of foreign diplomats and enemy aliens can't acquire citizenship by birth

By Descent

• Born outside on or after 26^th jan 1950 but before 10^th dec 1992 is citizen only if his father is citizen
• After 1992- either of parent
• After 3^rd Dec 2004 – should have registered in consulate within 1 year or with permission of central govt after expiry period

By registration(not illegal migrants)

• PIO 7 year stayed
• PIO stayed outside India
• Married to Indian and stayed for 7 years
• Minor of citizen
• Adult whose parent is registered as citizen
• Adult whose either parent is citizen and 12-month resident
• OCI for 5 year and 12 months stayed in India
• ORDINARY RESIDENT
  • 12 months immediately before application
  • 6/8 years before 12 months
• INDIAN ORIGIN
  • Either parent born in undivided India or Indian territory after 15^th aug 1947

By naturalisation(not illegal migrants but foreigners)

• Not citizen anywhere
• Will renounce if given citizen
• 12 months either resided or worked for government or part of both
• 14 year prior – aggregate 11 year either resided or worked or both
• Good character
• Knows language 8^th schedule
• Intends to stay or work with govt or Indian company
• But waive these conditions if service to science, philosophy, art, literature, world peace or human progress

By incorporation of territory

• Pondicherry, Goa, Daman & Diu

By Assam accord

• PIO came to Assam before 1st,Jan,1966 from Bangladesh
• PIO came to Assam after 1st,Jan,1966 but before 25th,March,1971 from Bangladesh but Register as foreigners
  • 10 years from registration except voting rights full citizenship rights
  • After 10 years voting rights also

Loss of Citizenship

By renunciation

• During war renunciation can be withheld
• Renounced person's minor child also loses it but after 18 he can resume

By Termination

• Takes citizen of others
• Not apply during war

By deprivation

• Citizenship acquired through fraud
• Disloyalty to the constitution
• Unlawfully communicated to enemy during war
• Within 5 years of registration or naturalisation been imprisoned in any country for 2 years
• Resided 7 years outside India
  • not applicable if
    • students
    • works with GOI or International Org
    • registers annually @ consulate

 Single citizenship – like Canada

• To avoid state discriminating during voting, public office or proffession
• Exceptions
  • Residence as criteria for employment – AP and Telangana
  • A15(discrimination) didn't include residence
  • A19(freedom of movement) – subject to protection of interest of tribal interest
  • J&K – state govt decides

OCI

• In 2002 L.M.Singhvi committee report recommended amending the citizenship Act 1955 to provide dual citizenship to PIO and the act was amended in 2003 which made provision for acquiring OCI card for PIO for 16 countries.
• In 2005 – 16 countries became all countries except Pakistan and Bangladesh
• In 2015 – Merged OCI and PIO into OCI cardholders
• Registration of OCI - PIO

Rights of OCI

• No public office
• No voting
• No equal opportunity in public employment

Renunciation of OCI

• Spouse and minor also cease to be citizen

Cancellation of OCI

• Fraud
• Disaffection towards constitution
• 2+ year imprisonment within 5 years of registration
• Unlawful communication during war
• In the interest of sovereignty and integrity, security and friendly relation with foreign country
• Divorced the OCI or married someone else