Introduction:
Citizenship defines the legal relationship between a person and the country. It gives rights like voting and duties like paying taxes. The Indian Constitution and the Citizenship Act, 1955, explain who is a citizen and how one can acquire or lose citizenship. India follows the principle of single citizenship, unlike countries like the USA.
Meaning and Importance of Citizenship
Citizenship refers to the legal status of a person recognized by a country. A citizen enjoys civil and political rights like the right to vote, the right to education, and protection under the law. Citizens also have duties such as obeying the law, paying taxes, and respecting the Constitution.
In India, citizenship connects individuals to the nation. It
ensures that people enjoy the benefits of development and participate in
democratic processes.
Key Points:
· Citizenship means full membership of a nation.
· Citizens enjoy rights and perform duties.
·
Non-citizens (foreigners) do not enjoy all fundamental rights.
Concept
of Single Citizenship in India
India follows the principle of single citizenship. This means all citizens, whether they live in Kerala or Kashmir, Bihar or Gujarat, are only citizens of India. There is no separate citizenship for states.
This system is adopted from the British
Constitution, and it helps in promoting unity and integrity in a diverse
country like India.
Why Single Citizenship?
· To promote national integration.
· To avoid discrimination among citizens of different states.
· To provide equal rights to every Indian, irrespective of their state.
Comparison with the USA:
· In the USA, people are citizens of both the USA and their respective state (dual citizenship).
· In India, there is no concept of state citizenship.
.
Constitutional Provisions Related to Citizenship
The Indian Constitution provides for citizenship under Part II (Articles 5 to 11).
Article-wise Explanation:
Article 5: Defines who were citizens of India at the commencement of the Constitution (26 January 1950).
Article 6: Deals with the rights of people who migrated from Pakistan to India during partition.
Article 7: Covers people who migrated to Pakistan but later returned to India.
Article 8: Deals with Indians living abroad and their citizenship.
Article 9: States that a person who voluntarily acquires citizenship of another country cannot be an Indian citizen.
Article 10: States that a person who is a citizen shall continue to be so, subject to laws made by Parliament.
Article 11: Empowers the Parliament to make laws regarding acquisition and termination of citizenship.
These articles were mainly related to the time of independence and partition. Now, most matters related to citizenship are governed by the Citizenship Act, 1955.
Note: Remembering
Article numbers is useful for exam.
Panchayati Raj System in India in Hindi (Read Here)
The Citizenship Act, 1955 – Key Features
The Citizenship Act of 1955 is the main law that deals with the acquisition, termination, and renunciation of Indian citizenship.
Modes of Acquiring Citizenship:
1. By Birth:
o A person born in India between 26 Jan 1950 and 1 July 1987 is a citizen by birth.
o Born between 1 July 1987 and 3 Dec 2004: one parent must be a citizen.
o After 3 Dec
2004: one parent must be a citizen and the other should not be an illegal
migrant.
2. By Descent:
o A person born
outside India on or after 26 Jan 1950 is a citizen if either parent is an
Indian citizen.
3. By Registration:
o Certain
categories of persons (e.g., PIOs) can apply to register as Indian citizens.
4. By Naturalization:
o Foreigners
can acquire citizenship after residing in India for a certain period and
fulfilling legal conditions.
5. By Incorporation of Territory:
o If any new
territory becomes part of India, the people of that area automatically become
Indian citizens.
Termination of Citizenship:
1. Renunciation: Voluntary
declaration to give up Indian citizenship.
2. Termination:
Automatically lost when a person acquires citizenship of another country.
3. Deprivation: Government
can deprive citizenship for fraud, disloyalty, or other serious reasons.
Concept of the Indian Constitution.
Overseas Citizen of India (OCI) and Foreign Nationals
India does not allow dual citizenship, but it
offers certain privileges to foreign citizens of Indian origin through OCI (Overseas
Citizen of India) and PIO (Person of Indian Origin) cards.
Overseas Citizenship of India (OCI):
· Introduced in 2005.
· Granted to foreign nationals who were eligible to become citizens of India on 26 Jan 1950, or who are of Indian origin.
· OCI holders are not full citizens.
· They cannot vote, hold constitutional posts, or government jobs.
· They enjoy visa-free travel and can own property in India (except agricultural land).
Difference between NRI, OCI, and PIO:
· NRI: Indian citizen living abroad.
· OCI: Foreign national with Indian origin, enjoys limited rights.
·
PIO: Was merged with OCI in 2015.
Making of the Indian Constitution
FAQs on Citizenship in India
Q1: What is the Citizenship Act, 1955?
Ans: It is the law that defines how to
acquire, renounce, or lose Indian citizenship. It includes provisions for
citizenship by birth, descent, registration, and naturalization.
Q2: Can India have dual citizenship?
Ans: No, India
does not allow dual citizenship. However, OCI status is given to people of
Indian origin living in foreign countries.
Q3: What is Article 5 to 11 of the Indian
Constitution?
Ans: These
articles deal with citizenship provisions at the time of commencement of the
Constitution in 1950.
Q4: What are the duties of an Indian citizen?
Ans: Duties
include obeying the Constitution, respecting national symbols, protecting
public property, and promoting harmony.
Q5: What is the difference between NRI and OCI?
Ans: NRI is an
Indian citizen living abroad, while OCI is a foreign citizen of Indian origin
with limited rights in India.
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