What is Citizenship?

Citizenship


Like any other modern state India also has two classes of people i.e., Citizens and aliens. Citizens enjoy all rights and entitlement while aliens are denied some of them, they do not all the civil and political rights. Aliens are of two types; Citizens of friendly countries are friendly aliens while those of enemy countries are enemy aliens. Enemy aliens enjoy lesser rights than the friendly ones. e.g. they so not enjoy protection against arrest & detention. (Art. 22).

Constitution Provisions for Citizenship

i) By Birth: Those born in India on as after 26th January 1959 but before July 1987 are considered citizen of India by British irrespective of their parent’s nationality, while those born in India on or after 1st July 1987, are considered citizens of India only if either of their parents are citizens of India at the time of their birth.
ii) By Descent:
The acts (amended) providence that those born outside India on or after 26th January 1950 but before 10th December 1992 are India citizen by descent, if their father was a citizen of India at the time of their birth. Those born outside India after 10th December 1992, are considered citizens of India if their parents is a citizen of India at the time of their birth.
iii) By Registration: The following of persons can be registered as Indian citizens on application by the prescribed authority.

a) Person of Indian Origin who are ordinary resident of India for five years, immediately before making as application for registration.
b) Persons of India origin who are ordinary in any country or place outside India.
c) Person who are married to the citizens of India & residing ordinary in India for five years, immediately before making an application for registration.
d) Minor children of persons who are citizens of India.
e) Persons who are citizens of commonwealth countries.
Persons belonging to the above categories must take an oath of allegiance before they are considered as citizens of India. (*) In 1986, the period for acquisition of citizenship by registration was increased from 6 months to 6 years.

iv) By Naturalisation: A foreigner can become an Indian citizen by naturalisation, if:-
a) He is not a citizen of a country where Indian citizen are restricted to become naturalised citizen.
b) He renounces his citizenship of other country.
c) He has either resided in India or has worked in the Indian government ser vice for 12 months before making an application for naturalisation, or during 7 years prior to these qw months, he has residenot has been in Indian government service for 4 years.
d) He is of good character.
e) Having adequate knowledge of a language recognised by the constitution.

f) He is willing to reside in India or to serve under the government of India other the naturalisation.
(*) However, these conditions can be waived off by the government of India, If in their opinion, the applicant is a person who has rendered distinguished services to the cause of science, philosophy, art, literature, world peace or human progress.  (*) Every naturalisation citizen must taken an oath of allegiance to the constitution of India.
v) By Incorporation of Territory: If any foreign territory becomes a part of India, all its people will become the citizen of India from the notified date.

Loss of Citizenship

The loss of Indian citizenship is based on following grounds:

i) Renunciation: If an Indian citizen of full age and capacity who is also a citizen of another country, renounces his Indian citizenship, he loses his citizenship of India, If such a declaration is made suring a was in which India is also engaged, the central government shall not allowed the same till it thinks appropriate.
(*) In such a case every minor child of the person ceases to be a citizen of India, provided that the child within 1 year of attaining the major age, may resume the Indian citizenship.

ii) By Termination: If any citizen of India voluntarily acquires the citizenship of any other country, he ceases to be a citizen of India. However, this condition is not applicable during a war in which India is engaged.

iii) By Deprivation: Under the India citizenship Act 1955, it is a process of compulsory termination of Indian citizenship by the government.

a) The citizen has obtained the citizenship by fraud.
b) The citizen has shown by act or speed, disloyalty & disregard toward the con situation of India.
c) The citizen has during the was in which India may be engaged, has traded unlawfully or communicated with the enemy country.
d) The citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years.
e) He has been ordinarily resides out of India, continuously for 7 years.

Few Important Terms

  • Emigrare: One who leaves his native country, especially for political reason.
  • Expatriate: One who leaves his country voluntarily.
  • Stateless Person: One with no citizenship or nationality. It may be because their state might have ceased to exist there is no successor state.
  • Refugee: One who is outside his country & is unable to unwilling of return to his country because of unavoidable circumstances.
  • Asylum Seekers / Political Asylums: Those who seek refuge in another country, & the practice if accepting such people is called political asylum.
  • H-1B visa: It allows American companies & universities to employ foreign scientists, engineers etc in U.S. for upto 6 years.
  • L-1A visa: For employees in managerial capacity.
  • L-1B visa: For employees specialised in certain capacity.
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