Skip to main content

Citizenship - By Isha

 Citizenship – By Isha 


The Constitution provides for single and uniform citizenship for the whole of India. In federal States like USA and Switzerland, there is a dual citizenship, viz., the federal or national citizenship and the citizenship of the State where a person is born or permanently resides. Central Government has exclusive jurisdiction to determine the question of citizenship. Any state Government or court has no power in this regard.


The population is divided into two classes – citizens and non-citizens. Non-citizens do not enjoy all rights guaranteed by the Constitution. Indian citizens exclusively possess the following rights.

  1. The fundamental rights.

  2. Privileges to Officers such as those of the President (Article 58); Vice President (Article 66); Judge of the Supreme Court ( Article 124) or a High Court ( Article 217); Attorney General ( Article 76); Governor ( Article 157).

  3. The right to vote (Article  326) ; the right to become a member of Parliament ( Article 84) and State Legislature ( Article 191).


The non-citizens are deprived from such rights.

The Citizenship Act, 1955, provides for the acquisition of citizenship in the following ways:

  1. Every person born in India on or after January 1959,but before July, 1987; and those born on or after July, 1987 but before the commencement of the Citizenship (Amendment) Act, 2003 and also those born on or after the commencement of the Citizenship (Amendment) Act, 2003 shall be a citizen of India by birth. Citizenship by birth can be acquired by such persons only if either of his parents is a citizen of India at the time of birth.

  2. A person who was born outside India on or after January 26, 1950 but before commencement of the Citizenship (Amendment) Act, 1992 shall be a citizen of India by descent, if his father is a citizen of India at the time of the person’s birth or on or after such commencement if either of his parents is a citizen of India at the time of his birth. 

  3.  A person can get Indian Citizenship by registering himself to that effect, if he belongs to any of the following categories –

  • Persons of Indian origin who are ordinarily resident in India for seven years immediately before making an application for registration.

  • Persons of Indian origin who are ordinarily resident in any country or place outside undivided India. 

  • Persons who are married to Indian citizens and ordinary resident in India and such persons must have been resident for seven years before making such an application.

  • Minor children of persons who are Indian citizens.

  1. Citizenship can also be acquired by naturalisation. The qualifications for naturalisation are:

  • The person must not belong to a country where Indian citizens are prevented from becoming citizens by naturalisation.

  • The person must either be resided in India or should have been in Government service for 12 months before making an application specified under Third Schedule of the Citizenship Act, 1955.

  1. If any new territory becomes a part of India, the person’s of the territory become citizens of India.


The Citizenship Act, 1955 also lays down the following ways in which citizenship of India may be lost:

  1. If a citizen renounces citizenship.

  2. If a citizen of India voluntarily acquires citizenship of another country.

  3. If Indian citizenship had been acquired by fraud or if an Indian citizen has shown himself to be disloyal and disaffected towards the Constitution of India.


The Citizenship Amendment Act of 2003 provides for the Dual Citizenship for the people of Indian origin in 16 specified countries. The Citizenship Amendment Act of 2005 recognises the Overseas Citizenship and provides for their registration in India.


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti