NET, IAS, State-SET (KSET, WBSET, MPSET, etc.), GATE, CUET, Olympiads etc.: Political Science Study Material Citizenship
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Citizenship
- A citizen is a person who enjoys full membership of the community or State in which he lives or ordinarily lives.
- Citizens are different from aliens, who do not enjoy all the rights which are essential for full membership of a state. Part II of the Constitution simply describes classes if a person living in India at the commencement of the Constitution, i.e.. . . 26th January 1950, and leaves the entire law of the citizenship to be regulated by legislations made by the Parliament.
- In exercise of its power, the Parliament enacted the Indian Citizenship Act, 1955, which was subsequently amended in 1986.
- The Act provides for the acquisition of Indian citizenship after the commencement of the Constitution in five ways, i.e. … Birth, descent, registration, naturalization and incorporation of territory.
- By birth: Every person born in India on or after 26 January L950, shall be a citizen of India by law of soil (Jus Soli) , provided either or both of his⟋her parents are citizens of India at the time of his⟋her birth.
- But this law does not apply where his⟋her father is a diplomat of any other country or is an enemy alien at the time of his⟋her birth.
- By descent: Broadly, a person born outside India on or after January 26,1950, isacitizen of India by descent if his⟋her either of the parents is a citizen of India at the time of that person՚s birth i.e. … Law of blood (Jus Sanguine) .
- By registration: The prescribed authority may, on application, register as a citizen of India, any person who is not a citizen by virtue of Constitution or the provisions of the Citizenship Act.
- This mode of acquiring citizenship is available to any of the following categories:
- persons of Indian origin who are ordinarily resident in India for 7 years immediately before making an application for registration
- persons of Indian origin who are ordinarily resident in any country or place outside India
- women who are, or have been married to citizens of India
- minor children of persons who are citizens of India
- persons of full age and capacity who are citizens of a country mentioned in the First Schedule.
Rights Not Available to Aliens
- Right not to be discriminated against on grounds of race, caste, religion, sex or place of birth (Art 15)
- Right to equality of opportunity in public employment (Art 16)
- Right to six fundamental freedoms under Art 1 9.
- Right of suffrage
- Cultural and educational rights conferred by Arts 29 & 30.
- Rights to hold certain offices President, Vice-President, Governor of States, Judges of Supreme Court or High Courts, Attorney General of India, Comptroller and Auditor General, etc.
- Right to contest election and get elected to either House at the Centre or State level.
Articles Related to Citizenship
- 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.