Meaning of citizenship: The population of the state is divided into two classes- Citizens and outsiders. A citizen could be the one who enjoys all civil, political rights and certain advantages provided by the State. Outsiders don’t enjoy these rights and advantages.
In our Indian constitution wherever population is stated, three terms are always used i.e all persons, citizens, minorities. For instance, Article 14 right to equality is provided to all or any persons of the nation, and Article 15 right against discrimination is provided only to the citizen of India. And other specific rights under Article 29 are given only to the minorities of India.
Constitutional provision: Part 2nd of the Indian Constitution simply stated classes of one that would be deemed to be a citizen of India at the commencement of the Constitution i.e on 26th January 1950 and states that the complete law of citizenship should be made by Parliament under Article 11. In exercise of its power, the Parliament has enacted the Indian Citizenship Act, 1955.
Citizenship under Article 5 to 8 stated who shall become the citizen of India at the commencement of the Constitution:
Article 5 Citizenship by Domicile provided, an individual is entitled to citizenship by domicile if he has his domicile within the territory of India at the commencement of the Constitution, and with this, he must fulfill one of these three conditions i.e (1) he was born in India, (2) either of his parents/grandparents were born in India, (3) residing in India for 5years.
The term ‘Domicile’ is not defined in the Constitution. Someone is alleged to own domicile in a very country during which he/she is considered to have his/her permanent home. Domicile doesn’t changes when someone who is permanently resident on one State goes to a different State with any intention of residing there permanently because India has only 1 citizenship viz., the Citizenship of India.
In the case Naziranbai v. state of MP stated, a minor or married women is not independent person. Neither of those classes has the legal capacity to create a change of domicile. Therefore, the domicile of an infant generally follows the domicile of his father. While a married woman takes the domicile of her husband.
Article 6 Citizenship of Migrants to India from Pakistan: Persons who have migrated from Pakistan to India have been classified into two heads for the purpose of Citizenship, i.e (1) people who came to India before July 19, 1948; and (2) those who came on or after July 19, 1948. Now, why only before, on, and after this date? Because on this date in both the counties Permit system was introduced, through this system the people of India and Pakistan can migrate.
Here one of these two condition must be fulfilled i.e,
(1) in the case if he migrates to India before July 19, 1948, he has ordinarily resided in India since the date of his migration or,
(2) in case he migrates on or after July 19, 1948, he has been registered as a citizen of India by an official appointed by the Government of India.
Article 7 Citizenship of migrants of Pakistan: Under Article 7 stated a citizen under Article 5 by domicile or under Article 6 by migration ceases to be a citizen if he has migrated to Pakistan after March 1, 1947. And in the other part of this text, there is an exception made in favor of a person who has returned to India on the basis of a permit for resettlement in India. Such an individual is entitled to be a citizen of India, after residing for at least six months immediately before the date of applying for registration, by an officer appointed by the government of Indian, and if he fulfills conditions under Article 5 and 6.
Article 8 Citizenship of persons of Indian origin residing outside India: Says if a person whose parents, or any grandparents were born in India as defined in the Government of India Act, 1935 residing abroad shall be conferred Indian citizenship, as if they need been registered by the diplomatic or consular representatives of Indian in a country where they are residing.
Article 9 provides that, if a person voluntarily acquires the citizenship of any foreign State shall not be able to claim citizenship of India under Articles 5 6, and 8. Cases of voluntary acquisition of remote citizenship before the commencement of the Constitution will have to be dealt with by the Government of India under the Citizenship Act of 1955.
Article 10 provides that each one who is or is deemed to be a citizen of India under any of the foregoing provisions shall continue to be a citizen of India subject, however, to the provisions of any law that be made by Parliament. Thus, in the exercise of this power, Parliament may remove or revoke the rights of citizenship of any person.
Article 11 Citizenship under the Citizenship Act, 1955: Parliament, in the exercise of the power provided to it under Article 11 of the Constitution, has passed the Citizenship Act, 1955, making provision for acquisition and termination of citizenship after the commencement of the Constitution.
REFERENCE:
(2) https://www.indiacode.nic.in
(3)Book by Dr. J.N. Pandey ‘Constitutional Law of India’
(4) Finology legal Youtube
(5) The Constitution of India Bare Act
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