Introduction to Citizenship of the Indian Constitution:
The word ‘Citizen’ is derived from the Latin term ‘Civis’. It means a resident of a City State. The Constitution of India provides for a single and uniform citizenship for the whole of India. Articles 5 to 11 under part II of the Constitution deals with citizenship.
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(a). Citizenship Act of 1955
The Citizenship Act of 1955 provides for acquisition and loss of citizenship after the commencement of the Constitution. This Act has been amended so far eight times. Originally, the Citizenship Act (1955) also provided for Commonwealth Citizenship. But, this provision was repealed by the Citizenship (Amendment) Act, 2003.
(b). Acquisition of Citizenship
The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent, registration, naturalization and incorporation of territory:
According to the Citizenship Act, 1955, citizenship could be acquired through any of the following methods.
1. By Birth: All persons born in India on or after January 26, 1950, are treated as citizens by birth.
2. By Descent: A person born outside India on or after January 26, 1950, shall be a citizen of India by descent if his father is a citizen of India at the time of his birth.
3. By Registration: A person can acquire citizenship of India by registration with the appropriate authority.
4. By Naturalisation: A foreigners can acquire Indian citizenship, on the application for naturalization to the Government of India.
5. By Incorporation of Territory: In the event of a certain territory being added to the territory of India, the Government of India shall specify the persons of that territory who shall be the citizen of India.
(c). Loss of Citizenship
The Citizenship Act of 1955 prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination, and deprivation.
1. It can be voluntarily renounced by a citizen.
2. It can be terminated if a person acquires the citizenship of some other country.
3. The central government can deprive a naturalized citizen, if it satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years.
For the Citizenship of Indian Constitution complete notes PDF, check the link – Citizenship of Indian Constitution PDF.
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