Polity notes · Chapter 4 of 19

Citizenship

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Citizenship

ByDetails
RenunciationGiving up Indian citizenship. Minor children also lose citizenship, but can resume it on becoming major.
TerminationOn acquiring citizenship of another country, Indian citizenship automatically terminates
DeprivationCentral govt. terminating citizenship. e.g. disloyalty to Constitution; out of India for 7 years continuously; unlawfully communicated with enemy during war

Check yourself

Part-II Articles 5 to 11 deals with citizenship
  • Article 5 : Citizens at commencement of Constitution
  • Article 11 : Parliament to regulate right of citizenship (Hence came Citizenship Act, 1955
What the Constitution says on citizenship
  • It identifies citizens as on 26-01-1950
  • It does not deal with acquisition or loss of citizenship subsequent to commencement
Acquisition of citizenship
  • 1) by birth
  • 2) by descent
  • 3) by registration (take oath)
  • 4) by naturalization (take oath)
  • 5) by incorporation of territory
  • Note: illegal migrant can not acquire Indian citizenship
  • Renunciation — Giving up Indian citizenship. Minor children also lose citizenship, but can resume it on becoming major.
  • Termination — On acquiring citizenship of another country, Indian citizenship automatically terminates
  • Deprivation — Central govt. terminating citizenship. e.g. disloyalty to Constitution; out of India for 7 years continuously; unlawfully communicated with enemy during war
Citizenship by birth
  • 1. A child born in India automatically becomes Indian citizen
  • ✗ 2. X Children of foreign diplomats posted in India can get Indian citizenship by birth
  • 3. A child born today will get citizenship by birth if at least one parent is Indian, and another not an illegal migrant.
Citizenship by naturalization
  • 1. Resided in India in last 12 months, and before that in 11 out of 14 years
  • 2. Knows one of the languages of 8th schedule
Citizenship by registration
  • 1. Person of Indian origin resided for 7 years in India
  • 2. Spouse/child of Indian citizen
  • 3. And many more … . Conditions apply
Constitution denies following Fundamental Rights to aliens
  • Article 15 -- Right against discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16 – Right to equality of opportunity in the matter of public employment.
  • Article 19 – Right to freedom of speech and expression, assembly, association, movement, residence and profession.
  • Articles 29 & 30 – Cultural and educational rights.
Do aliens enjoy the Right to Privacy?
  • Yes, as its part of Article 21
Do aliens enjoy Right to assemble peacefully?
  • No, it's part of Article 19
A good citizen is one who is PYQ 1984
  1. Conscious of social obligations
  2. Not bothered about anything
  3. Educated
  4. Rich in cultural heritage

Answer: Conscious of social obligations

A good citizen is conscious of social obligations.

British citizen staying in India cannot claim Right to PYQ 1999
  1. Freedom of trade and profession
  2. Equality before the Law
  3. Protection of life and personal liberty
  4. Freedom of religion

Answer: Freedom of trade and profession

Art. 19 freedoms (incl. trade and profession) are available only to citizens.

With reference to India, consider the following statements :
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct? PYQ 2021
  1. 1 only
  2. 2 only
  3. 1 and 3
  4. 2 and 3

Answer: 1 only

India has single citizenship and one domicile; a naturalised citizen can become President; citizenship can be deprived under the Citizenship Act.

Consider the following statements:
1. Article 371A to 371I were inserted in the Constitution of India to meet regional demands of Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
2. The Constitution of India and USA can envisage dual polity (Union and States) but single citizenship.
3. A naturalized citizen of India can never be deprived of his citizenship.
Which of the statements given above is/are correct? PYQ 2005
  1. 1, 2 and 3
  2. 1 and 3
  3. 3 only
  4. 1 only

Answer: 1 only

Only 1 is correct. USA has dual citizenship; a naturalised citizen can be deprived of citizenship.

Overseas Citizen of India

Check yourself

Overseas Citizen of India
  • OCIs: They are NOT Indians, so they need visa. Govt. has given them lifelong VISA.
  • NRIs: They are Indians, so they don't need visa
Eligibility
  • 1. Was Indian citizen on 26th January 1950; or his/her (great/grand) children; and their spouse
  • 2. Should not be citizen of Pakistan or Bangladesh
  • 3. Overseas Citizen of India: → Since 2005, by amending Citizenship Act, 1955
Rights of OCIs
  • 1. Not a citizen, so can’t vote, get govt jobs, etc. They have the same FRs as other aliens.
  • 2. Same rights as NRIs in education, pursuing profession, adoption, fees at ASI monuments, etc.
  • 3. They are not at par to NRIs in case of acquisition of agricultural or plantation properties.
  • 4. Some restrictions like no Missionary, Tabligh, Journalism, Mountaineering.
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