Citizenship

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India, like any modern nation has (2) types of people:-
  1. Citizens &
  2. Aliens.

Citizens are full members of our country & owe allegiance to it
                                        And
They enjoy all civil & political rights.

Aliens are the citizens of some other country and do not enjoy all civil & political rights.

These aliens are again of (2) types,
Friendly
Aliens, who are subjects of the countries who have cordial relations with India.

Enemy Aliens are subjects of those countries that are at war with India. They enjoy lesser rights then friendly aliens. For e.g., they do not enjoy right of protection against arrest and detention. (Art 22).

  • Following are the rights & Privilages conferred an citizens of India by the constitution (& Denies the same to aliens):-
  1. Rights against discrimination on grounds of religion, race, caste, sex or place of birth. (Art15)
  2. Right to Equality of opportunity in the matter of public employment. (Art 16)
  3. Right to Freedom of Speech & Expressions.
          Assembly,
          Association,
          Movement,
          Residence &
          Profession. (Art 19).
4.                   Cultural & Educational Rights. (Art 29 & 30)
5.       Right to vote in elections to the LS & State legislative assembly.
6.       Right to contest for the membership of parl. & state legislature.
7.       Eligibility to hold certain offices such
         (p),
         (v/p),
         Judges of SC & HC,
         Governor of States,
         Attorney General of India,
         Advocate General of States.
  • Citizens also have certain duties towards the nation such as
        Paying taxes,
        Respecting the national flag & not Anthem, defending the country & so on.
  • In India,
               Both citizen by birth &
          A naturalized citizen are eligible for office of (p), whereas, In USA, only a citizen by birth is eligible for office of (p).
  • Constitutional Provisions:-

Art 5 to 11 under Part II of the constitution has c’nal provisions relating to citizenship. It contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became the citizens of India at its commencement.
It does not deals with the problems of acquisition or loss of citizenship after its commencement.
For this it empowered Parl. To enact a law. Accordingly Parl. Has enacted the citizenship Act, 1955 (amended in 1986 & 1992).
According to the constitution, on the commencement of the constitution i.e. 26 Jan 1950, the following (4) categories of persons became the citizens of India.

a.                   Persons domicited in India.
b.       Persons migrated from Pak.,
c.        Persons migrated to Pak. But later returned.,
d.       Persons of Indian origin residing outside India.

*Citizenship Act, 1955: (Amended in 1986 & 1992)

             Deals with the acquisition & loss of citizenship after Jan 26, 1950 & provides for commonwealth citizenship.

According to this Act, there are (5) ways of acquiring of citizenship.

i.                        By birth of born in India.
        ii.            By Descent. If any of his parents are citizens of India.
      iii.            By Registration. If he is registered as an Indian citizen an application to a prescribed authority.
      iv.            By Naturalisation.
       v.            By Incorporation of Territory.
Eg:- Pandicherry.
According to this Act, there are (3) ways of losing citizenship.
  1. By Renunciation.
  2. By Termination

              If an Indian citizen voluntarily acquires the citizenship of other country.

3.                   By Deprivation.
        
       A compulsory termination if citizenship is acquired by fraud, has shown disloyalty, unlawfully traded or communicated with the enemy during a war. Etc.,
  • Commonwealth Citizenship:-

Citizenship Act, 1955 recognises the concept of commonwealth citizenship. Every person who is a citizen of commonwealth country will have the states of commonwealth citizen in India.

That is that person is entitled to those rights which are conferred by the commonwealth country of that person or citizens of India.

  • Single Citizenship:-
India has single citizenship, unlike USA & Switzerland which have Dual Citizenship i.e. Citizen of the state & the Citizen of the Union.
In the case of Jammu & Kashmir, the state legislature is empowered to define the persons who are permanent resident of the state.
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