CITIZENSHIP

The Constitution of India does not provide a detailed explanation of citizenship but lays the foundation for it. The provisions regarding citizenship are mainly contained in Part II (Articles 5 to 11).

Article 5 - Citizenship at the commencement of the Constitution:

• This article deals with the citizenship of individuals who were residing in India at the time the Constitution came into force (January 26, 1950).
• It specifies that people who were born in India or who had Indian parents are considered Indian citizens, unless they had acquired the citizenship of another country.

Article 6 - Citizenship of certain persons who migrated to Pakistan:

• This article grants citizenship to individuals who were born in India but migrated to Pakistan during the Partition and later returned to India.

Article 7 - Citizenship of certain migrants to Pakistan:

• This provides for the citizenship of people who migrated from India to Pakistan but subsequently returned to India after March 1, 1947.

Article 8 - Citizenship of certain persons of Indian origin residing outside India:

• This article grants Indian citizenship to individuals of Indian origin who have migrated to other countries but wish to return to India.

Article 9 - Renunciation of citizenship:

• A person who voluntarily acquires the citizenship of another country will cease to be an Indian citizen.

Article 10 - Continuance of rights of citizenship:

• It states that every person who is a citizen of India shall continue to be a citizen, subject to the laws enacted by Parliament.

Article 11 - Parliament's power to regulate citizenship:

• It gives the Indian Parliament the authority to regulate the acquisition and termination of citizenship by law.

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Indian Citizenship Act, 1955:

The Indian Citizenship Act, 1955 defines the detailed rules regarding the acquisition, termination, and restoration of Indian citizenship. It provides for various ways through which an individual can acquire Indian citizenship:

Acquisition of Citizenship:

• By Birth: Any person born in India after January 26, 1950, is an Indian citizen, except for children born to foreign diplomats or enemy aliens.
• By Descent: A person born outside India is an Indian citizen if their father is an Indian citizen at the time of their birth.
• By Registration: A person of Indian origin can acquire citizenship through registration, which is available for people of Indian origin who have lived in India for a specified period.
• By Naturalization: A foreigner can acquire Indian citizenship through naturalization if they meet certain criteria, such as residing in India for a period of time and having a basic understanding of Indian languages and customs.
• By Incorporation of Territory: If a new territory is incorporated into India, the residents of that territory may be granted Indian citizenship.

Termination of Citizenship:

• Renunciation: A citizen voluntarily gives up their Indian citizenship.
• Deprivation: The government may deprive someone of their citizenship for certain reasons, such as acquiring the citizenship of another country, committing acts of disloyalty, or acting against the interests of India.

Dual Citizenship:

• India does not recognize dual citizenship. A person cannot be a citizen of India and another country simultaneously.

Rights of Indian Citizens:

Indian citizens enjoy several fundamental rights as guaranteed by the Indian Constitution, primarily under Part III:

• Right to Equality (Article 14-18): Equal protection under the law, prohibition of discrimination, and abolition of untouchability.
• Right to Freedom (Article 19-22): Freedom of speech, expression, assembly, association, movement, etc.
• Right against Exploitation (Article 23-24): Protection from forced labor and child labor.
• Right to Freedom of Religion (Article 25-28): Freedom to practice, profess, and propagate religion.
• Cultural and Educational Rights (Article 29-30): Protection of the rights of minorities to establish educational institutions and preserve their culture.
• Right to Constitutional Remedies (Article 32): The right to approach the Supreme Court for the enforcement of rights.

Key Concepts Related to Citizenship in Indian Polity:

Citizenship and Nationality:

• In India, "citizenship" is distinct from "nationality." The Constitution talks about the legal status of an individual as a citizen, while nationality refers to a sense of belonging to the nation.

NRI (Non-Resident Indian):

• A Non-Resident Indian is someone who has emigrated to another country and is not residing in India, but still retains Indian citizenship.

OCI (Overseas Citizen of India) and PIO (Person of Indian Origin):

• Overseas Citizens of India (OCI) are individuals who were originally citizens of India but have acquired the citizenship of another country. The status of OCI is not the same as Indian citizenship, though they enjoy certain privileges.
• A Person of Indian Origin (PIO) is someone who has Indian ancestry but may hold citizenship of another country. PIO status also provides some benefits, but it does not grant citizenship.

Conclusion:

Citizenship in Indian polity is governed by constitutional provisions and the Indian Citizenship Act. It provides the basis for individuals' rights and duties within India and is a critical factor in determining who is considered a member of the Indian nation-state.