Contents
By
Incorporation of Territory:
PIO
(Person of Indian Origin):
OCI
(Overseas citizen of India):
Articles
Related to Citizenship at a Glance
EVOLUTION
OF STATES AND UNION TERRITORIES
Integration
of princely states
Committees
formed for Reorganisation of states
Articles
Related to Union and its Territory at a Glance
The Indian
Constitution provides for only a single citizenship that is Indian Citizenship. The Citizenship Act 1955 provides for the
acquisition and loss of citizenship after the commencement of the Constitution.
By Birth: A person
born in India on or after 26th January 1950 but before 1st July 1987 is a
citizen of India by birth irrespective of the nationality of his parents. 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
By Descent: A person
born outside India on or after 26th January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was a citizen of India at the
time of his birth. A person born outside India on or after 10th
December 1992 is considered as a citizen of India if either of his parents is a
citizen of India at the time of his birth
By Registration: 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,
namely
a)
A person of
Indian origin who is ordinarily resident in India for seven years before making
an application for registration;
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 seven
years before making an application for registration;
d)
Minor
children of persons who are citizens of India.
By Incorporation of Territory: If any
foreign territory becomes a part of India, the Government of India specifies
the persons who among the people of the territory shall be the citizens of
India.
By Renunciation: Any citizen
of India of full age and capacity can make a declaration renouncing his Indian citizenship
upon the registration of that declaration, that person ceases to be a citizen
of India.
By Termination: When an
Indian citizen voluntarily acquires the citizenship of another country, his
Indian citizenship automatically terminates.
By Deprivation: It is a
compulsory termination of Indian citizenship by the Central government, if –
·
The citizen has obtained the citizenship by fraud;
·
The citizen has shown disloyalty to the Constitution
of India;
·
The citizen has unlawfully traded or communicated
with the enemy during a war;
·
The citizen has, with in 5 years after registration
or naturalisation, been imprisoned in any country for 2 years;
·
The citizen has been ordinarily resident out of
India for 7 years continuously.
(i)
who at any time held an Indian passport; or
(ii)
he or either of his parents or grandparents or great
grandparents was born in and was permanently resident in India as defined in
the Government of India Act, 1935 and other territories that became part of
India thereafter provided neither was at any time a citizen of Afghanistan,
Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka; or
(iii)
he is a spouse of a citizen of India or a person of
Indian origin as mentioned above
(1) Shall not
require a separate visa to visit India
(2) Will be
exempt from the requirements of registration if his/her stay on any single
visit in India does not exceed 180 days
In the event of continuous stay in India exceeding 180 days, he/she
shall have to get himself/ herself registered within 30 days of the expiry of
180 days with the concerned FRRO/FRO
(3) Parity
with NRIs in respect of all facilities available to the latter in the economic,
financial and educational fields except in matters relating to the acquisition
of agricultural / plantation properties
No parity shall be allowed in the sphere of political rights
A foreign
National who
·
Was eligible
on 26-01-1950
·
Was a citizen
of India
·
Belonged to a
territory that become part of India after 15-08-1947
·
His/her
children & grand children, or minor children of such persons
·
Exception:
Pakistan & Bangladesh
·
Lifelong visa
(Multiple entry & Multipurpose)
·
No need of
registration with local police
·
NRI’s can
vote
·
No parity
shall be allowed in sphere of political rights
·
May be
granted Indian Citizenship after 5 years from date of registration provided
stay for 1 year before applying
·
All
activities except Mountaineering, missionary, research work & visiting
restricted areas require specific permission
Articles Related to Citizenship at a Glance
Article No. |
Subject-matter |
5 |
Citizenship
at the commencement of the Constitution |
6 |
Rights
of citizenship of certain persons who have migrated to India from Pakistan |
7 |
Rights
of citizenship of certain migrants to Pakistan |
8 |
Rights
of citizenship of certain persons of Indian origin residing outside India |
9 |
Persons
voluntarily acquiring citizenship of a foreign State not to be citizens |
10 |
Continuance
of the rights of citizenship |
11 |
Parliament
to regulate the right of citizenship by law |
Article 1 describes India that is Bharat as a ‘Union of States’ rather than
a ‘Federation of states’. Although the Constitution is federal in structure, it
describes India as ‘Union’. The federation is a Union because it is
indestructible. Union of states has preferred
for two reasons: one, the Indian Federation is not the result of an agreement
among the states like the American Federation; and two, the states have no
right to secede from the federation.
The territory of India can be classified into three categories:
1.
Territories
of the states
2.
Union
territories
3.
Territories
that may be acquired by the Government of India at any time.
Article 2 gives the Parliament the power to admit into the Union of India
new states and to establish new states. This article grants two powers to the
Parliament:
(a) The power to admit into the Union of
India new states;
(b) The power to establish new states.
The first refers to the admission of states which are already in
existence while the second refers to the establishment of states which were not
in existence before.
Article 3 authorises the Parliament to:
(a) Form a new state by separation of
territory from any state or by uniting two or more states or parts of states or
by uniting any territory to a part of any state
(b) increase the area of any state
(c) diminish the area of any state
(d) alter the boundaries of any state
(e) alter the name of any state.
Article 3 lays down two conditions in this regard: one, a
bill contemplating the above changes can be introduced in the Parliament only
with the prior recommendation of the President; and two, before
recommending the bill, the President has to refer the same to the state
legislature concerned for expressing its views within a specified period.
The President (or Parliament) is not bound by the views of the state
legislature and may either accept or reject them, even if the views are
received in time. Further, it is not necessary to make a fresh reference to the
state legislature every time an amendment to the bill is moved and accepted in
Parliament4. In case of a union territory, no reference need be made to the
concerned legislature to ascertain its views and the Parliament can itself take
any action as it deems fit.
Article 4: The Constitution itself declares that laws made for admission or
establishment of new states (under Article 2) and formation of new states and
alteration of areas, boundaries or names of existing states (under Articles 3)
are not to be considered as amendments of the Constitution under Article 368.
This means that such laws can be passed by a simple majority and by the
ordinary legislative process.
The Indian Independence Act (1947) created two independent and
separate dominions of India and Pakistan and gave three options to the princely
states viz., joining India, joining Pakistan or remaining independent. Of the
552 princely states situated within the geographical boundaries of India, 549
joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to
join India.
·
Hyderabad
by means of police action,
·
Junagarh
by means of referendum and
·
Kashmir
by the Instrument of Accession.
SK Dhar Commission – Rejected the reorganisation of states on the basis of Linguistic.
JVP Commission - Rejected the reorganisation of states on the basis of Linguistic.
Fazil Ali- It submitted its report in September 1955 and broadly accepted
language as the basis of reorganisation of states. But, it rejected the theory
of ‘one language–one state’.
It identified four major factors that can be
taken into account in any scheme of reorganisation of states:
(a)
Preservation
and strengthening of the unity and security of the country
(b)
Linguistic
and cultural homogeneity
(c)
Financial,
economic and administrative considerations
(d)
Planning
and promotion of the welfare of the people in each state as well as of the
nation as a whole.
Article No. |
Subject-matter |
1 |
Name and territory of the Union |
2 |
Admission or establishment of new states |
2A |
Sikkim to be associated with the Union—(Repealed) |
3 |
Formation of new states and alteration of areas,
boundaries or names of existing states |
4 |
Laws made under Articles 2 and 3 to provide for the
amendment of the First and the Fourth
Schedules and supplemental, incidental and consequential matters. |