Meaning And Constitutional Basis Of Citizenship

Citizens and aliens are the two types of people who make up a state's population. Aliens do not have all of the same civil and political rights as citizens. Citizens are members of the political community that they are a part of. They are the individuals who make up the state. Citizens are full members of the Indian State and are bound by its laws. Friendly aliens and enemy aliens are the two types of aliens. Those countries with cordial relations with India have subjects who are friendly aliens. Enemy aliens, on the other hand, are citizens of the country at odds with India. Not only are subjects of a state at war with India considered enemy aliens, but so are Indian citizens who voluntarily reside in or trade with such a state. Enemy aliens have fewer rights than friendly aliens, for example, they are not protected from arrest and detention (Article 22).

 

The Indian constitution grants citizens certain rights and privileges that are denied to "aliens." In fact, aliens are frequently afflicted with various ailments.

• Some fundamental rights, such as Articles 15, 16, 19, 29, and 30, are exclusive to citizens.

• Certain offices, such as President [Art. 58(1) (a)] and Vice-President [Art. 66(3) (a)], are only open to citizens.; Judge of the Supreme Court [Art. 124(3)] or a High Court [Art. 217(2)]; Attorney-General [Art. 76(2)]; Governor of a State [Art. 157]; Advocate-General [Art. 165]; Attorney-General [Art. 76(2)]; Attorney-General [Art. 76(2)]; Attorney-General [Art. 76(2)]; Attorney-General [Art. 76(2)]; Attorney-General [Art. 76(2)

 

• Citizens have the right to vote in the House of People (of the Union) and the Legislative Assembly of every state [Art. 326], as well as the right to become a Member of Parliament [Art. 84] and of a state legislature [Art. 191 (d)].

 

Along with the above rights, citizens owe the Indian government certain responsibilities, such as paying taxes, respecting the national flag and anthem, defending the country, and so on. In India, both citizens by birth and naturalised citizens are eligible for the office of President, whereas in the United States, only citizens by birth and not naturalised citizens are eligible.

 

The Indian Constitution did not intend to establish a permanent or comprehensive citizenship law. It simply described the classes of people who would be considered Indian citizens on the day the constitution took effect, and it left the entire law of citizenship to be governed by a future law enacted by Parliament. In order to exercise this power, Parliament enacted the Citizenship Act of 1955, which contains detailed provisions for the acquisition and termination of citizenship after the constitution takes effect. To get a complete picture of the law on citizenship in India, Part II of the constitution (the part dealing with citizenship, which contains articles 5-11) must be read in conjunction with the Citizenship Act. The Citizenship Act of 1955 was amended several times, including in 1957, 1960, 1985, 1986, 1992, 2003, 2005, and 2015.

 

1. A person who had his domicile in India and met any of the three conditions, namely, if he was born in India; if either of his parents was born in India; or if he had been ordinarily resident in India for five years immediately prior to the Constitution's commencement, became an Indian citizen (Article 5).

 

2. A person who migrated to India from Pakistan became an Indian citizen if he, one of his parents, or one of his grandparents was born in undivided India and met one of two conditions: he had been ordinarily resident in India since the date of his migration, or he had been registered as a citizen of India, if he migrated to India on or after July 19, 1948. However, a person could only be so registered if he had lived in India for six months prior to the date of his registration application (Article 6).

 

3. A person who migrated from India to Pakistan after March 1, 1947, but later returned to India for resettlement, may become an Indian citizen. He had to be a resident of India for six months prior to submitting his registration application (Article 7).

 

4. A person born in undivided India but ordinarily residing outside India, or any of his parents or grandparents, shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the Constitution's commencement. As a result, this provision protects overseas Indians who wish to obtain Indian citizenship (Article 8).

 

To summarise, these provisions concern (a) persons domiciled in India; (b) persons migrating from Pakistan; (c) persons who migrated to Pakistan but later returned; and (d) persons of Indian origin residing outside India. The following are the other citizenship-related constitutional provisions:

 

1. No person is a citizen of India or is deemed to be a citizen of India if he has voluntarily acquired citizenship in another country (Article 9).

2. Every person who is or is deemed to be an Indian citizen shall remain so, subject to the provisions of any law passed by Parliament (Article 10).

3. Parliament shall have the authority to make any provision regarding the acquisition and termination of citizenship, as well as all other citizenship-related matters (Article 11).

Article 11 gives the Parliament plenary power to legislate all matters relating to the acquisition and termination of citizenship, as well as all other related issues.