Polity EP 5 Citizenship | Indian Constitution | UPSC podcast | Laxmikanth
Description
Our country, India, has two distinct groups of people: citizens and aliens. Citizens are like the core members of our nation. They have all the benefits that our country offers. They can participate in elections, express their thoughts freely, and enjoy various rights that make their lives better.
On the other hand, we have aliens, who are people from other countries. While they live in India, they don't have the same rights as citizens. Aliens are like guests from other places. They're not part of the core Indian family, so they don't get all the privileges citizens do. They can't vote in elections, and they have fewer rights compared to citizens
Our Constitution lays down the rules for citizenship in India. According to it, four main categories of people became citizens on January 26, 1950, when the Constitution came into effect.
Article 5: Birth and Domicile
This article outlines that a person who had their permanent residence in India and fulfilled any of these conditions became a citizen:
Born in India
Either parent born in India
Lived in India for five years before January 26, 1950
Article 6: Migration from Pakistan
This article addresses those who moved from Pakistan to India. They could become Indian citizens if they fulfilled these criteria:
They or their parents/grandparents were born in undivided India
Migrated before July 19, 1948, and lived in India since migration
Migrated on/after July 19, 1948, and were registered citizens after living in India for six months
Article 7: Returning from Pakistan
This article is about people who migrated to Pakistan but later returned to India for resettlement. They could become citizens if they resided in India for six months before applying.
Article 8: Residing Outside India
People whose parents or grandparents were born in undivided India but who lived abroad could become citizens if they were registered by India's diplomatic or consular representatives.
Article 9: Voluntary Acquisition of Foreign Citizenship
This article says that anyone who willingly becomes a citizen of another country can't be an Indian citizen.
Article 10: Continuation of Citizenship
This article confirms that people who are citizens on January 26, 1950, continue to be citizens, as long as they follow the laws passed by our Parliament.
Article 11: Parliament's Authority
Article 11 gives our Parliament the power to make laws about citizenship acquisition, termination, and other related matters.
Acquiring Citizenship: The Citizenship Act of 1955
The Citizenship Act of 1955 provides five routes to Indian citizenship:
First is By Birth:
If Born in India between January 26, 1950, and July 1, 1987, makes you an Indian citizen, regardless of your parents' nationality.
If Born after July 1, 1987, in India, you need at least one Indian parent to be a citizen.
Second is By Descent:
If Born outside India between January 26, 1950, and December 10, 1992, you're a citizen if your father is Indian.
If Born after December 10, 1992, you must register your birth within a year or get permission from the Central Government.
Third is By Registration:
People of Indian origin living in India for seven years can apply.
Those married to Indian citizens and living here for seven years can also apply.
If your parents are Indian citizens, you can apply.
Fourth is By Naturalisation:
Foreigners can apply if they meet specific conditions, like not being citizens of countries that don't allow Indians to become citizens.
Fifth is By Incorporation:
If a foreign place becomes part of India, the Indian government decides who becomes a citizen.
Loss of Citizenship:
By Renunciation: Anyone of full age can renounce Indian citizenship.
By Termination: If you willingly become a citizen of another country, you lose Indian citizenship.
By Deprivation: The Central government can terminate citizenship if a person has traded with enemies during war, stayed abroad for seven years without permission, or used fraud.