CITIZENSHIP (PART II, ARTICLES 5-11)

Transcription

1 CITIZENSHIP (PART II, ARTICLES 5-11) You will learn about 1. Rights, Duties, Privileges and Obligations of citizens 2. Who all were given citizenship during the commencement of the constitution 3. Right of citizenship of people who migrated to India from Pakistan and from India to Pakistan 4. Right of citizenship of people of Indian origin residing outside India 5. Citizenship Act 1955 Citizenship constitutes the indispensable foundational principle of democratic polity. It involves the individual s full political membership in the State, his permanent allegiances to the State and the official recognition by the State of his integration into the political system. Rights, Duties, Privileges and Obligations of citizens: Citizenship brings certain rights, duties, privileges and obligations that do not belong to aliens. All public offices are open to a citizen; he is eligible for recruitment to all public services. The right to vote and certain fundamental rights are available only to citizens Citizens have obligations like paying taxes, defending the nation etc. Citizenship may also be viewed as the legal relationship between the individual and the State under which the individual pledges his loyalty to the State and the State offers its protection to the individual. This relationship is regulated by national law and recognized by international law. There existed no concept of India citizenship before 26 November 1949 when the Constituent Assembly adopted the Constitution and at once brought into force articles 5to 9 relating to citizenship. Until then, those of us who lives in 1

2 British India were under the Crown and as such and those who came from any of the princely states had the status of British protected persons. The partition of India and massive migrations created which are built up from the bottom of the ocean by millions of tiny organisms depositing their shells, to emerge eventually out of the ocean as an island. Millions and millions of microscopic shells have gone into the makeup of a coral island; similarly, little actions of millions of citizens go to the building up of a nation, the silent work of millions of housewives, artisan s peasants, teachers, and others. Article 5 Citizenship at the commencement of the Constitution- At the commencement of this Constitution, every person who has his domicile in the territory of India and a) Who was born in the territory of India, or b) Either of whose parents was born in the territory of India; or c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. Article 6 Right of citizenship of certain persons who have migrated to India from Pakistan- Notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be citizen of India at the commencement of this Constitution if- (a) He or either of his parents or any of his grandparents was born in India as defined in the Government of India Act 1935(a originally enacted), and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory on India since the date of his migration, or (ii)in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizens of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government : Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application. 2

3 Article 7 Rights of citizenship of certain migrants to Pakistan Notwithstanding anything in Article 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be citizens of India: Provided that nothing in this Article shall apply to a person who after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of Clause (b) of Article 6 be deemed to have migrated to the territory of India after nineteenth day of July, Article 8 Rights of citizenship of certain persons of Indian origin residing outside India Notwithstanding anything in Article 5 person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 ( as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India. Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens- No person shall be a citizens of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the Citizenship of any foreign State. Article 10 Continuance of the rights of citizenship- Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to 3

4 the provisions of any law that may be of this part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen. Article 11 Parliament to regulate the right of citizenship by law- Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matter relating to citizenship. CITIZENSHIP ACT, 1955 The Citizenship Act (1955) provides for acquisition and loss of citizenship after the commencement of the Constitution and provides for Commonwealth citizenship. This act has been amended twice, that is, by the citizen ship (Amendment) Act, 1986 and the Citizenship (Amendment) Act, Acquisition of Citizenship The Citizenship Act of 1955 prescribes five ways of acquiring citizenship, viz, birth, descent, registration, naturalization and incorporation of territory: By Birth The act as amended in 1986 provides that a person is a citizen of India by birth (a) if he is born in India on or after 26 January, 1950 but before 30 June, 1987; or (b) if he is born in India on or after 1 July, 1987 but at the time of his birth either of his parents was citizen of India. The second provision, added in 1986, makes the acquisition of Indian citizenship by the persons coming to India as refugees from Sri Lanka, Bangladesh and some African countries more difficult. This was done to prevent the illegal immigration into India. The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth. By Descent The act as amended in 1992 provides that a person born outside India on or after 26 January, 1950, is citizens of India by descent if at the time of his birth either of his parents was an Indian citizen. But before 1992, a person born outside India was entitled to Indian citizenship only if his father (and not his mother) was an Indian citizen. 4

5 By Registration The following categories of persons (if not already citizens of India) can be registered as India citizens on application by the prescribed authority: Persons of Indian origin who are ordinarily resident in India for five years immediately before making an application for registration: Persons of Indian origin who are ordinarily resident in any country or place outside India; Persons who are married to citizens of India who are ordinarily resident in Indian for five years immediately before making an application for registration: Minor children of persons who are citizens of India and Persons who are citizens of common wealth countries. All the above five categories of persons must take an oath of allegiance before they are registered as citizens of India. In 1986, the period for acquisition of citizenship by registration was increased from six months to five years. By Naturalization A foreigner can become an Indian citizen by naturalization, if: He is not a subject or citizen of a country where Indian citizens cannot become naturalized citizens: He renounces his citizenship of the other country; He has either resided in India or has been in Indian government service for 12 months before making an application for naturalization, or during 7 years prior to these 12 months, he has resided or has been in Indian government service for 4 Years; He is a good character; He has an adequate knowledge of a language recognized by the Constitution 3 ; He intends to reside in India or to serve under the Government of India after naturalization. However, the Government of India may waive all or any of the above conditions for naturalization in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress. 5

6 Every naturalized citizen must take an oath of allegiance to the Constitution of India. By Incorporation of Territory If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become the citizens of India from the notified date. For example, when Pondicherry became a part of India, the government of India issued the Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, Loss of Citizenship The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquitted under the act or prior to it under the Constitution, viz, renunciation, termination and deprivation: By Renunciation An Indian citizen who is also a citizen or national of another country, can renounce his Indian citizenship. When such a declaration is made during a war in which India is engaged, its registration is withheld by the Central government. When a man renounces his citizenship, every minor child of his ceases to be an Indian citizen. However, such a child, within a year of his attaining full age (that is, 18 Years), may resume Indian citizenship. By Termination When an Indian citizens voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged. By Deprivation It is a compulsory termination of Indian Citizenship by the Central government, if: The citizen has obtained the citizenship by fraud; The citizen has shown disloyalty to the Constitution of India: The citizen has unlawfully trade or communicated with the enemy during a war; 6