indian citizenship articles 5 to 11

INDIAN POLITY CITIZENSHIP (ARTICLES 5 TO 11)

The Constitution of India provides for single citizenship. There is no separate citizenship of state. According to the Constitution, the following three categories of person are entitled to citizenship

i. Persons domiciled in India.

ii. Refugees who migrated to India from Pakistan.

iii. Indians living in other countries.

• Article 5 Citizenship at the commencement of the Constitution.

• Article 6 Rights of Citizenship of certain persons who have migrated to India from Pakistan.

• Article 7 Rights of Citizenship of certain migrants to Pakistan.

• Article 8 Rights of Citizenship of certain persons of Indian origin residing outside India.

• Article 9 Persons voluntarily Foreign State not to be citizens. acquiring Citizenship of a Foreign State not to be citizens

• Article 10 Continuance of the Rights of Citizenship.

• Article 11 Parliament to regulate the Right of Citizenship by Law.

Acquisition and Termination of Citizenship

Rules regarding acquisition and termination of Indian ship have been laid down in the Citizenship Act citizenship of 1955. A person can acquire citizenship of India in five ways;

(BRAND) B-by birth, R-by registration, A-by acquisition of territory, N-by naturalisation and D-by descent. of

Termination of citizenship can be terminated in three ways

• i. It can be voluntarily renounced by a citizen.

• ii. It can be terminated, if a person acquires citizenship of some other country.

• iii. The Central Government can deprive a naturalised citizen, if it is satisfied that the citizenship was acquired by fraud, false representation or concealment of material facts or if the person shows disloyalty towards the Indian Constitution or indulges in trade with enemy countries or if the person has been sentenced to imprisonment for a period of 2 years or more within 5 years of his registration or if he has been continuously residing out of India for more than 7 years.

Article 11 Under this Article, Parliament has the power to enact laws regarding citizenship. It has the power to regulate the right of citizenship in India.

The Citizenship (Amendment) Act, 2015

The Act seeks to amend Citizenship Act, 1955. The major provisions of the Act are as follows

• In case of citizenship by naturalisation, the Act allows the Central Government to relax the requirement of 12 months stay or in service of government, if special circumstances exist. Relaxation upto 30 days may be permitted.

• The Act provides certain additional grounds for A registering an overseas citizen of India card.

• The Act also introduces a new provision which allows the Central Government to register a person as an overseas citizen of India cardholder even, if she does not satisfy any of the listed qualifications, if special case exists.

• The Act provides for merger of overseas citizen of India and persons of Indian origin scheme. Thus, the Central Government may notify that persons of Indian origin cardholders shall be considered to be overseas citizen of India cardholders from a specified date.

• The Act also allows Central Government to cancel the overseas citizenship of India card where it is obtained by the spouse of an Indian citizen or overseas citizen of India cardholder if

marriage is dissolved by a court or the spouse enters into another marriage even while the first marriage has not been dissolved.

Overseas Citizen of India

Government of India recognises those person and provide them overseas citizen of India card

i. who have following credentials are now citizen of another country but was citizen of India at time of or at any time after commencement of Constitution,

ii. who were citizen of other country but were eligible to become citizen of India at time of commencement of Constitution,

iii. who is citizen of another country but belonged to a territory that became part of India and

iv. child/grand child/great grand child of the above such citizens. Person of Pakistan and Bangladesh Banglades can't get an OCI. Recently, government has merged people of Indian origin card with overseas citizen card.

Non-Resident Indian

A citizen of India, having Indian passport and staying temporarily in another country for purpose of employment, education for more than 6 months.

Pravasi Bhartiya Diwas

• It is celebrated on 9th January every year to recognise contribution of overseas Indian community in the development of India. 9th January is selected because on this date, Mahatma Gandhi returned to India from South Africa.

• This celebration provide opportunity to overseas citizen to interact with government and people of their homeland. Pravasi Bhartiya Diwas (PBD) started from year 2003.

• The 14th Pravasi Bhartiya Diwas was held on 9th January, 2016 in New Delhi. The event was attended by Priti Patel, MOS for Employment, United Kingdom. It was the first limited edition of the PBD. It was organised for the first time by the Ministry of External Affairs (MEA) after the government's decision to merge Ministry of Overseas Indian Affairs (MOIA) with it.