Citizenship

Article 5 to Article 11
Chapter II
 [15] [16]
Citizen Right to Vote
[19] [29-
30]
Right to Contest
Election

Alien
Eligible for Post of
President, V.P.,
Judges, Attorney
Gen.

Enemy
Alien
 Constitutional Provisions

• Article 5-11 talks about citizenship. (For those people who were living
in India at the time of commencement of the Constitution)
• Those who were domiciled in India.
• Those migrated to India from Pakistan.
• Those who went to Pakistan but later returned back.
• PIO residing outside India.
• Single Citizenship (Article 9)
• What about people taking birth after 1950 or residing in India after
1950?
 Citizenship Act, 1955

By Descent

By
By Birth
Registration
5 ways of
Acquiring
Citizenship

By Acquisition By
of Territory Naturalization
 By Birth
• Born B/W: 26 Jan 1950- 1 July 1987 : Irrespective of their Parents’
Nationality.
• Born B/W: 1 July 1987- 3 December 2004: At least one of the Parents
is Citizen of India during birth.
• Born after 3 December 2004: Both parents should be Citizen of India
or at least one should be citizen of India and other should not be
illegal migrant.
 By Descent

• After 26th January 1950 to December 10 1992: If his/her father was a

citizen of India during birth.
• After 10th December 1992: Either of the parents were citizen of India
during birth.
• After 3rd December 2002, Have to register the birth of child with an
Indian consulate within 1 year of birth.
 By Registration

• Applicant is not an illegal migrant and fulfills any of the following:

1. PIO- Residing in India for 7 years.
2. Person who is married to citizen of India and residing in India for 7 years.
3. Minor children of person who are citizen of India.
4. OCI Cardholder for 5 years and been living in India for more than 1 year.

Who is Person of Indian Origin: If he or either of his parents were born

in Undivided India or the territory which became part of India after 15 th
Aug 1947.
 By Naturalization

• Should posses following:

1. Not a citizen of country which has barred Indians from being a citizen.
2. He undertakes to renounce the citizenship of other country if given Indian.
3. Have resided in India or been in service of Govt. of India throughout last 12
months.
4. Out of last 14 years he has resided in India or been into service of Govt. of
India for at least 11 years.
5. He has a good character.
6. Knows any one of the scheduled language given in 8 th Schedule of Constitution.
In India even naturalized citizen can become president or PM but in USA
only citizen by birth can become President.
 By Incorporation of Territory

• E.g. Pondicherry.

Concept of Single Citizenship:

(Positives) Reduces the chances of Discrimination.
Less restriction on freedom of Individual.
 By
Renunciation
When an Indian citizen
acquires the citizenship
of other country
Voluntarily gives up the
Loss of Citizenship
citizenship of India

By Termination

By Deprivation

1. Had obtained citizenship by fraud.

2. Shown disloyalty to constitution of India.
3. Unlawfully traded with enemy during war.
4. Within 5 years of grant of citizenship has been convicted in other country
for more than two years
5. Ordinarily living outside India for more than 7 years in continuity.
 OCI Vs PIO
From 2015 Both PIO and OCI Schemes have been
merged.
PIO scheme has been discontinued and all the existing
PIO Card holders have been converted in to OCI.
What rights are not given to OCI:
1. Equal opportunity in Public Appointments.
2. Right to vote.
3. Right to contest election.
Main Benefits:
1. Multiple entry lifelong visa.
2. Exemption from registration.
3. Parity with NRIs : E.g. Acquisition of property,
education, other financial matters, Adoption.
4. They are treated equal to Resident Indians for
matters of air fare tariffs etc.