Citizenship of India - Indian Polity Notes For UPSC Exam

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Citizenship of India - Indian Polity Notes For
UPSC Exam
The Population of a State is divided into 2
classes Citizens and Aliens. Citizens enjoy
full civil and political rights aliens do not
enjoy all of them. Citizens are the member of the
political community to which they belong. They
are the people who composed the State. Aliens
are further classified as friendly alien or enemy
alien. Alien enemy includes not only subjects of
a State at war with India but also Indian
citizens who voluntarily reside in or trade with
such a State. According to Article11, Parliament
is empowered to regulate citizenship by making a
law. Subsequently, Parliament enacted citizenship
act, 1955, this act was amended a number of
times in 1986, 2003, 2005 etc. Citizenship
Amendment Act 1955 According to citizenship
amendment act, 1955 and subsequent amendments,
Indian citizenship can be acquired on any of the
following 5 grounds
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• By Birth
• A person born in the territory of India can be
  considered as Indian Citizen, only if at the time
  of its birth, either of the parent is a citizen
  of India.
• By Descent
• A person born outside the territory of India, can
  be given Indian citizenship only if at the time
  of his birth, either of the parent is a citizen
  of India (Hereditary Citizenship).
• By Registration
• Under these following categories of persons can
  apply for Indian Citizenship
• Minor children of Indian citizen born outside
  India and got citizenship of that country.
• A female belonging to foreign country and married
  to Indian man can apply for Indian citizenship
  after 7 years of residency in India. (Earlier it
  was 6 months).
• By citizenship amendment Act, 1986, it was
  extended to male also belong to the foreign
  country and married to Indian female. Presently
  the condition is after 7 years of residency in
  India he can apply for Indian Citizenship.
• By Naturalization
• Any foreigner can apply for Indian Citizenship
  without marrying Indian citizen, if foregoing
  conditions are to be fulfilled
• He must belong to the country, where similar
  provisions given for Indian citizen.
• He can apply for certificate of naturalization
  only after 12 years and valid residency in India.
  (For commonwealth countries citizen it is still
  5 years)

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• Termination It is a legal act. After getting
  citizenship of any other country, if Indian
  citizen doesnt surrender Indian citizenship then
  its Indian citizenship is terminated by legal
  action of government.
• Deprivation If any person gets Indian
  citizenship by fraudulent means or by
  misrepresentation of facts, then he is deprived
  of Indian citizenship and man be deported to its
  own country or legal action can be taken against
  it.
• Citizens vs Aliens Rights
• Citizens of India have the following rights,
  which aliens do not have
• Some of the Fundamental Rights belong to citizens
  alone, such as Articles 15, 16, 19. Only
  citizens can have the following offices
• The President Vice-President
• Judge of the Supreme Court or of a High Court
  Attorney-General
• Governor of a State Advocate General
• The right of suffrage for election to the Lok
  Sabha (House of the People) and Vidhan Sabha
  (Legislative Assembly) are also confined to
  citizens.
• Enemy aliens suffers from a special disability
  they are not entitled to the benefit of the
  procedural provisions in Clause (1) (2) of
  Article 22, related to arrest and detention.
• Citizenship Amendment Act 1986
• To make Indian citizenship difficult for illegal
  migrants from neighboring countries, Indian
  citizenship Act was amended in 1986, following
  are the important provisions
• The person born in territory of India on or after
  26 January 1950 and before commencement of this
  act in 1986, or a person born in the territory of
  India on or after commencement of this act in
  1986, shall be considered as Indian citizen only
  if at the time of his birth either of a parent
  is a citizen of India.
• A female married to Indian male can applied for
  Indian citizenship under registration only after
  5 years of residency in India earlier it was 6
  months.

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• c) This act also extended Indian citizenship to
  any male belong to foreign country married to
  Indian citizen and wants Indian citizenship can
  get it after 5 years of residency in India.
• This act increases the time period for a
  foreigner belong to non-commonwealth country who
  applied for citizenship under naturalization only
  after 10 years of residency in India (earlier it
  was 5 years) for commonwealth and
  non-commonwealth countries in India.
• Citizenship Amendment Act 2003
• This act provides for-
• Dual Citizenship
• Compulsory registration for Indian citizen.
  According to this act the persons of Indian
  origin residing in 16 countries and acquired
  citizenship of those countries can apply for
  additional Indian Citizenship (Dual Citizenship)
  these countries are Australia, Canada,
  Finland, France, Italy, New Zealand, Netherland,
  Portugal, Cyprus, USA, UK, Greece, Ireland,
  Sweden, Switzerland, Israel.
• Dual citizenship has 3 limitations
• There shall be no right to vote.
• They cant hold any constitutional positions in
  India.
• This act provides for a National Identity Card
  for these dual citizens.
• Notes making is an important task while preparing
  for the competitive exam. Indian Polity is one
  of the significant subjects of the IAS Exam from
  both prelims and mains Exams. The topics under
  Polity range from Constitution, individuals
  rights, duties and responsibilities, citizenship
  of India, power, functions and responsibilities
  of various institutions of administration.
• Unoreads is an Online Learning Platform in India
  that allows educators to explore the study
  materials online manage assignments, quizzes and
  exams and provide students with feedback all in
  one place.