The Part-II of the Constitution Of India has one the borrowed provisions from the British Constitution i.e The Citizenship. India has Single Citizenship as borrowed from the British Constitution covered under Articles-5 to 11. So the citizen is a person who enjoys all the civil and political rights that are given by the State. The Rights which are available only to the citizen of India are Articles-15,16,19,29,30, 58(1) (a),67(3),76(1) (a),124(3),157, 165 and 217(2). Other than the rights mentioned above the right which is available only to the citizen is the right to Vote. The concept of Single Citizenship means if an Indian citizen acquires the Citizenship of any other Country his citizenship of India is automatically terminated. The provisions under Part-II allows a naturalised to become the Prime Minister of India. But the constitution of the U.S.A allows it’s naturalised citizen to be a member of the Senate only.

The date 26th January 1950, the date of commencement of the Constitution of India, people living in India automatically became the citizens of India. it does not regulate the acquisition or termination of citizenship. It left it to the Parliament of India to enact the laws regarding Citizenship. The Indian Parliament enacted the Citizenship Act,1955 which has been amended in the following years 1986,1992,2003,2005, 2015 and 2019. According to the Constitution of India under four categories a person can become a citizen of India on the day and date of the commencement of the Indian Constitution. These categories are under Articles 5,6,7 and 8. Article 5 says, Citizenship by Domicile. If a person having a domicile in the territory of India at the Commencement of the Constitution of India. he or she is a citizen of India. Fulfils one of the three following conditions. Born in India. Art.5(a), Either of the Parents born in India. Art.5(b). And
Ordinarily resident of India for not less than five years immediately before the commencement of the Constitution. Art.5(c).

Article 6 says, Citizenship of Migrants of India from Pakistan. If a person had migrated before the commencement of the Constitution for registering himself as a citizen of India to an officer appointed by the Government of India and is registered by the officer, being satisfied that the applicant has resided in the territory of India for at least 6 months before the application and fulfils the two conditions. These are if he came back to India before 19th July 1948 the date on which permit system for migration was introduced. Or migrated on or after 19th July 1948 and got registered as a citizen of India by an officer appointed by the Government of India. Article 7 says, Citizenship of Migrants of Pakistan. If a person who has migrated from India to Pakistan after 1st March 1947, but subsequently returned to India under a permit issued under the authority of the Government of India for resettlement or permanent return or under the authority of any law provides he gets himself registered in the same manner as under Article 6(b)(ii). Article 8 says He or either of his parents or grandparents were born in India as defined in the Government Of India Act of 1935. Shall be the citizen of India.

Article 9 says No person shall be a citizen of India or deemed to be a citizen of India. If he has voluntarily acquired the citizenship of any other country. Article 10 says any person who is or deemed to be a citizen of India shall continue to be the citizen conditions subjected to the provisions of law made by the Parliament of India. Article 11 says Parliament of India has got the powers to make law/s for the acquisition or the termination of the citizenship.

Madhvendra Mishra

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