This PPT discusses the concept of Citizenship. Constitutional provisions for citizenship which are discussed in article 5-11 in Indian Constitution. In this ppt, it is described the definition of the topic citizenship, dual citizenship concept, and single citizenship concept. similar concepts that look like citizenship like nationality, domicile, and residency but these concepts are different from citizenship in nature. It also discussed the citizenship amendment act, 1955 which clearly describes the provisions for acquiring and termination of citizenship.

1. Topic: Citizenship

2. Citizenship is status of a person recognised under any custom or law as being a legal
member of a sovereign nation/nations of belonging to a state/states.
A person may adopt citizenship of a particular nation or may adopt citizenship of
many states.(if that particular state’s laws give permission to acquiring citizenship of
other nations.) (Duel Citizenship concept).
Countries which allowed dual citizenship:
Israel, Italy, Norway, Pakistan, Portugal, Belgium, etc.
Countries which don’t allowed dual citizenship:
India, Malaysia, Japan, China, Poland, Ukraine, etc.

3. There are many concepts which looks like similar to citizenship but they
are different i.e. Nationality, Domicile and Resident.
Nationality: A national is a person who owes permanent allegiance to a
state and enjoys the diplomatic protection of that state.
Citizenship: It is most complete legal relationship between a person and a
country. As a citizen person have all political rights and can’t be deported.
Domicile: It is where some one lives with intent to stay, it refers
particularly to a nation, province, city. One may have many residences but
have only one domicile.
Residency: It’s means that a foreign country allowed any person to live
and work in that country. But person still considered foreigner and can
deported.

4.  Article 5
 At the commencement of this constitution every person who has domiciled, and
 Who was born in India
 Either of whose parents was born in India
 Who has been ordinarily resident in India for not less than five years shall be the
citizen of India.
 The term ‘every person’ described in article 5 includes prisoners and members of
armed forces. See: state of Maharashtra vs. Parbhakar AIR 1966 SC 424
 Case: Mohmmad Raza vs. State of Bombay AIR 1993 SC 477
 SC observed that domicile means a permanent house or place where the person concerned
resides with the intention of remaining for an indefinite period. The term domicile is not defined
in the Constitution.

5.  Article 6
 A person who migrated to India from Pakistan became an Indian citizen if he or either of his
parents or any of his grandparents was born in undivided India and also fulfilled any one of
two conditions:
Before 19th July, 1948
He had been ordinarily resident
in India since the date of his
migration.
After 19th July, 1948
He had been registered as a citizen
of India, but he had been resident
in India for six months preceding
the date of his application.

6.  Article 7
 A person migrated to Pakistan from India after 1st March, 1947, but later returned to India for
resettlement could become an Indian citizen. For this, he had to be resident in India for six months
preceding the date of his application for registration.
 Article 7 refers to migration taking place between 01/03/1947 to 26/01/1950. (State of Madhya
Pradesh vs. Peer Mohd. AIR 1963 SC 857).
 Article 8
 A person who, or any of whose parents or grandparents, was born in India but who is ordinarily
residing outside India shall become an Indian citizen if he has been registered as a citizen of India by
diplomatic or consular representative of India in the country of his residence.

7. Article 9: If any person voluntary acquired the citizenship of any foreign country he shall not remain the
citizen of India.
Article 10: This article deals with that parliament can decide who deemed or is citizen of India.
Article 11: Parliament is only authority to make laws for acquisition of citizenship or termination of the
citizenship; state governments have no power to make laws regarding citizenship.
Indian Parliament enacted Citizenship Act, in 1955 for acquiring and termination of citizenship of person
which amended time to time by union legislation:
1. The citizenship (Amendment) Act, 1986
2. The citizenship (Amendment) Act, 1992
3. The citizenship (Amendment) Act, 2003
4. The citizenship (Amendment) Act, 2005
5. The citizenship (Amendment) Act, 2019

8. CITIZENSHIP BY BIRTH
1. A person born in India on or after 26th Jan, 1950 but before 1st July 1987 is a citizen of
India by birth irrespective of the nationality of his parents.
2. A person born in India on or after 1st July, 1987 is considered as a citizen of India only
if either of his parents is a citizen of India at the time of his birth.
3. Those who born in India on or after 3rd December, 2004 are considered citizen of India
only if both the parents are a citizen of India or one of whose parents is citizen of India
and other is not a illegal migrant at the time of his birth.
NOTE: The Children of foreign diplomats posted in India and enemy aliens cannot
acquire Indian citizenship by birth.

9. On or after 26th Jan, 1956
to before 10th December
1992
A person born outside can
be citizen of India, if his
father was a citizen of
India at the time of his
birth.
On or after 10th
December 1992
A person born outside
India can be citizen of
India if either of his
parents is a citizen of
India at the time of his
birth.
From 3rd December
2004
A person born outside
India cannot be citizen of
India unless
1. His birth is registered
at the Indian
consulate within 1
year of birth.
2. Application of
registration of birth
with undertaking by
parents that he
doesn’t hold passport
of another country.

10.  The central government may, on an application, register as a citizen of India any person (not-being an
illegal migrant) if he belongs to any of the following categories:
a. A person of Indian origin who is ordinarily resident in India for 7 years before making application.
b. A person of Indian origin who is ordinarily resident in any country or place outside undivided
India.
c. A person who is married to a citizen of India and is ordinarily resident in India for 7 years.
d. Minor children of persons who are citizens of India.
e. A person of full age and capacity whose parents are registered as citizens of India.
f. A person of full age and capacity who or either of his parents was earlier citizen of Independent
India and has been residing in India for 1 year immediately before making an application for
registration.
g. A person of full age and capacity who has been registered as an overseas citizen of India for 5
years, and who has been residing in India for 1 year before making an application for registration.

11.  The central government may, on an application, grant a certificate of naturalisation to any person
(not being an illegal migrant) if he possesses the following qualifications:
a) He is not citizen of any country where citizens of India are prevented from becoming citizens of
that country by naturalisation.
b) He undertakes to renounce the citizenship of that country in the event of his application
accepted.
c) He has either resides in India or in the service of government of India or partly both, throughout
the period of 12 months immediately preceding the date of the application.
d) Not less than 11 years aggregate resides in India or Service in India or partly Both.
e) He is of good character.
f) He has an adequate knowledge of a language specified in the 8th schedule to the constitution.
However, the govt. of India may waive all or any of the above conditions for naturalisation in the
case of a person who has rendered distinguished service to the science, philosophy, art, literature,
world peace or human progress.

12. The Citizenship Act, 1955, prescribed three ways of losing citizenship:
By Renunciation • Any Indian citizen can make declaration renouncing his Indian citizenship.
• If India engages in was then declaration shall be withheld by central
government.
• When a person renounces his citizenship, every minor child of that person
loses Indian citizenship.
By Termination • When Indian citizen voluntarily acquires the citizenship automatically
terminates.
By Deprivation • If citizenship obtained by fraud.
• Shows disloyalty to the Constitution of India.
• Unlawfully traded with enemy during war.
• Within 5 years after registration or naturalisation, imprisoned in any
country for two years.

13.  The Act seeks to amend the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and
Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of
India. In other words, the Act intends to make it easier for non-Muslim immigrants from India’s
three Muslim-majority neighbours to become citizens of India.
 The legislation applies to those who were “forced or compelled to seek shelter in India due to
persecution on the ground of religion”. It aims to protect such people from proceedings of illegal
migration.
 The amendment relaxes the requirement of naturalization from 11 years to 5 years as a specific
condition for applicants belonging to these six religions.
 The cut-off date for citizenship is December 31, 2014, which means the applicant should have
entered India on or before that date.
 The Act says that on acquiring citizenship:
 Such persons shall be deemed to be citizens of India from the date of their entry into India, and
 All legal proceedings against them in respect of their illegal migration or citizenship will be closed.

14. Mr. Rahul Yadav
Assistant Professor (cont.)
Faculty of Law, M. D. University, Rohtak
Email: rahul.gf.law@mdurohtak.ac.in
Mob. 8607242393