Citizenship

Citizenship
Part II
Introduction...
• Citizenship is normally a matter to be dealt
with by legislature rather than being
incorporated in the Constitution.
Citizens v/s Aliens
Citizens:
• Enjoy full civil and political rights
Aliens:
• Derived from a Latin word ‘Alienus’ – stranger,
foreigner.
Jurisdic Personality.
• Natural Persons are human beings, while
Legal (Juristic) Persons are any beings or
things or objects which are treated as persons
by law. For legal purposes, they are given the
similar treatment as that to the human beings.
Importance of Citizenship:
• Determines a person’s full political membership
in the country, his permanent allegiance to that
and legal acceptance by the State of his/her
legitimate integration into the political set-up.
• A give and take relationship between the
individual and the State.
• No Dual Citizenship.
Article 11...
• Confers powers on the Parliament to regulate
citizenship – with respect to the acquisition
and termination of citizenship and all other
matters relating to citizenship.
The Citizenship Act, 1955
• Amended in the year 2015.
Acquisition of Citizenship...
1.By Birth:
i) Both her parents are citizen of India; OR
ii) One of whose parents is a citizen and the
other is not an illegal immigrant at the time
of her birth.
Acquisition of Citizenship (Contd...
2. By Descent:
i) Either of her parents is a citizen of India.
ii) Dual Citizenship.
iii) Provided also that no such birth shall be
registered unless the parents of such person
declare, in such form and in such manner as
may be prescribed, that the minor does not
hold the passport of another country.
3. By Registration:
i) Persons who are married to citizens of India.
4. By Naturalisation:
i) She is not a citizen of any country where citizens of
India are prevented from becoming citizens by
Naturalisation;
ii) She renounces the citizenship of the other country;
iii)She has an adequate knowledge of a language
specified in the eighth schedule of the Constitution;
iv) She intends to reside in India after naturalisation.
• However, the Central Govt may waive all or any of
the conditions for naturalisation in the case of a
person who has rendered distinguished service to
science, philosophy, art, literature, world peace
or human progress.
• Every naturalised citizen must take an oath of
allegiance to the constitution of India.
5. By Incorporation of Territory:
If any territory becomes part of India, the
Govt of India shall specify the persons of that
territory who shall be the citizens of India.
Loss of Citizenship:
1. By Renunciation:
A voluntary act by which a person after acquiring the
citizenship of another country gives up her Indian
citizenship.
 When a person renounces her Indian citizenship,
every minor child of that person also loses Indian
citizenship.
 However, when such a child attains the age of 18,
she may resume Indian citizenship.
Loss of Citizenship (Contd...):
2. By Termination:
Takes place by operation of law as soon as a
citizen of India voluntarily acquires the
citizenship of another country.
Loss of Citizenship (Contd...):
3. By Deprivation:
1. Compulsory termination of citizenship.
2. On the basis of the order of the Central Govt.
3. Fraud, false representation, concealment of
material facts or being disloyal to the
constitution.
4. Out of country for 7 years continuously.
PIO vs OCI
Person of Indian Origin (PIO) Overseas Citizen of India (OCI)
MHA Scheme of 2002. Scheme under The Citizenship Act, 1955.
(Operational since 2005)
Any person A foreign national
i) Who at any time held an Indian i) Who was eligible to become citizen of
passport, India on 26-01-1950,
ii) He or either his parents or grand ii) Who was a citizen of India on or at any
parents or great grand parents was born time after 26-01-1950,
in and was permanently resident in iii) Pakistani and Bangladeshi not eligible.
India, iv) Can visit India, without Visa, for life.
iii) Afghanistan, Bangladesh, Bhutan, China,
Nepal, Pakistan and Srilanka ineligible.
iv) Can visit India without Visa for 15 years.
THE CITIZENSHIP (AMENDMENT) ACT, 2015
• ‘Overseas Citizen of India Cardholder’.

• Merger of PIO and OCI schemes.
• NRI – an Indian citizen.
Diaspora...
Christine Mehta case.
Surrogacy & Indian Citizenship...
• Balaz Nikolas and Balaz Leonard.
Domicile...
• Not defined in the Constitution.
• Ordinarily, it means a permanent home, or
place where a person resides with the
intention of remaining there for an indefinite
period.
• Not same as residence.
Domicile (Contd...)
• Domicile of Origin:
Domicile received by an individual at his birth.
• Domicile of Choice:
animus menendi i.e state of mind having
formed a fixed intent to make a place his fixed,
permanent home.
Domicile (Contd...)
Pradeep Jain v/s Union of India.
‘Domicile’ is used ‘to convey the idea of
intention to reside permanently or
indefinitely’ for the purpose of admission to
medical or other technical institutions within
the state.
Domicile in the territory of India.

Citizenship

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Citizenship

• ‘Overseas Citizen of India Cardholder’.

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