Indian Polity notes by Laxmikant - Citizenship

                                                

                                                                  Citizenship

PART – II: ARTICLES (5-11)

The deals with provisions relating to citizenship. 

• Citizens are those persons, who enjoy all rights especially political.
• Aliens enjoy civil rights.
• Part-II provides minimal or indicative provisions relating to citizenship. All the amendments to citizenship are done by parliament.
• Accordingly parliament made Indian citizenship act, 1955. This act was amended so far in 1986, 1922, 2003, and 2004. 4 times amended.
• In India, we have single citizenship. Usually every federation has dual citizenship.
• In India, states do not have their own constitution and hence, there is single citizenship.
• Moreover it is important to ensure unity & integrity of India.
• Though India has single citizenship, it has limitations of dual citizenship, on the basis of domicile, resident, local, non-local; due to regional disparities. 

Modes of acquiring Indian citizenship:

• By Birth
• By Descent
• By Registration
• By Naturalization
• By Acquisition of Territory

Descent: Born out of India 26 Jan 1950, but before 10 Dec 1992 are citizens, if their father was Indian citizen at the time of their birth.

-After 10 Dec 1992 birth, either of the parents must be citizen of India.

-Natural citizenship – born by birth / blood

Registration: PIO, ordinarily resident of India for 5 yrs. Persons married to Indian citizen & ordinarily resided in India for 5 yrs.

Naturalization: A foreigner can get Indian citizenship on the ground of domicile or resident of India for 10 yrs.

Acquision of Territory: Territory acquired by India and people of that territory belongs to Indian citizens.

-Constitution does not distinguish between naturally born or naturalized citizen in the matters of opportunities.

Loss of Indian citizenship:

•  Renunciation – voluntary (giving up by himself to get other)
• Termination – Voluntary (Acquiring other nation’s citizenship)
• Deprivation – involuntary – disloyal to const. / stayed 7 yrs abroad (forceful cancellations)
• President / central Govt. terminate the citizenship.

NRI: Any Indian citizen resided 182 days abroad, in the previous fiscal year as per the law. He holds the Indian passport. Sometimes, NRIs may hold the foreign passport.

PIO: PIO’s are 2^nd NRIs. PIOs invariably hold the passport of foreign countries. (S/o a NRI).

Now GOI provided facilities of dual citizenship to PIOs, which includes visa free visit. Also, they are allowed to vote in Indian election & can own, invest the property with no restrictions.

-In 2004, OCI act was passed came into force in 2005. Accordingly these facilities are extended.

-Manju R Jehu was the 1^st PIO from ‘OZ’ to be listed for dual citizenship in 2004. He registered at Kolkata assembly.