Citizenship
Rights and Privileges on Indian Citizens and not for alien citizens
- Articles 15, 16[also OCI], 19, 29, 30 (Fundamental Rights)
- Right to vote in elections of Lok Sabha and State Legislative assembly [also OCI]
- Right to contest for membership of Parliament and State Legislature
- Eligibility to hold public offices like President, Vice President, Judges of Supreme and High courts, Governor of states, Attorney and Advocate General [also OCI]
- In India both citizen by Birth and Naturalization are eligible for President whereas only by birth in US
- Article 5
- Citizen of India if
- Domicile in India
- And also fulfilled one of the conditions
- Should be born in India
- Either of the parent should be born in India
- Resident of India for at least 5 years before commencement of constitution.
- Article 6
- Person migrated from Pakistan to India become Indian citizens if
- Either of his parents and grandparents was born in undivided India
- And also fulfilled one of the conditions
- Before July 19, 1948
- Resident of India
- After July 19, 1948
- Registerd as Citizen of India
- Article 7
- Person migrated to Pakistan from India after March 1, 1947 but returned to India
- Resident in India for 6 months prior to Apllication
- Article 8
- Person whose parent or grandparent born in undivided India but still residing outside shall become citizen if
- Registered by Diplomatic or consular representative of India
- Citizenship Act 1955
- Acquisition of Citizenship
- By Birth
- 26 Jan, 1950 – 1 July, 1987
- Born in India
- Irrespective of parents citizenship
- 1 July, 1987 – 3 Dec, 2004
- Born in India
- At least one of Parents is Indian citizen
- 3 Dec, 2004 – Later
- Born in India
- Both Parents are Indian citizens
- At least one Indian citizen and other is not a illegal migrant
- Children of Foreign Diplomats can’t acquire citizenship by birth
- By Descent
- 26 Jan, 1950 – 10 Dec, 1992
- Father need to be Indian citizen
- 10 Dec, 1992 – 3 Dec, 2004
- Either of parents need to be Indian citizen
- 3 Dec, 2004 – Later
- Shall NOT be a citizen by Descent unless registered within 1 year from Date of Birth
- By Registration
- Person married to citizen of India, Resident in India for 7 years
- Person of Indian Origin, Residing outside India
- Person of Indian Origin, Residing in India for 7 years
- Minor children of Person of Indian Origin
- Person of full age whose parents are registered as citizens of India
- Person of full age who has been registered as Overseas Citizen of India, Cardholder for 5 years and Resident of India for 12 months
- By Naturalisation
- He should not be from that country where Indian is banned to get citizenship of that country
- If he is citizen of any country, he undertake to renounce the citizenship of that country
- He is been resided in India or served in service of GOI for 12 months preceding the date of application
- He is of good character
- Specified knowledge of language specified in 8th Schedule
- That in the event of Certificate of Naturalization being granted to him he intends to reside in India or to serve in GOI or company established by India.
- By Incorporation of Territory
- If any territory becomes part of India, GOI specifies who among the territory shall be citizen of India
- Loss of Citizenship
- By Renunciation
- If one wants to leave the citizenship
- By Termination
- If one takes citizenship of other country
- By Deprivation
- By fraud
- Disloyalty to constitution
- Communiated with enemy during war
- Within 5 years of registration, being imprisoned for 2 years
- Outside India for 7 years