Answer
Like any other
modern State, India has
two kinds of people: citizen
and aliens. Citizens are full
members of the Indian State
and owe allegiance to it.
They enjoy all civil
and political rights.
Aliens on the other
hand, are the citizens
of some other State and hence do not enjoy
all the civil and
political rights. The following mentioned articles deals with the
provisions related to citizenship:
I.
Article
5: Citizenship By Domicile.
At the commencement
of this Constitution, every person who has his domicile in the territory of India and:
(a) who was born in the territory
of India; or
(b) either of whose parents
or grand-parents was born in the territory
of India; or
(c) who has
been ordinarily resident
in the territory of India
for not less
than five years
immediately preceding of the constitution
shall be deemed
citizen of India.
II.
Article
6: Citizenship of certain persons who have migrated from Pakistan
Any person
who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the Constitution if –
A. He, or
either of his parents, or any of his grandparents, was born in India as given
in the Government of India Act of 1935; and
B. in case
such a person has migrated before July 19th, 1948 and has been ordinarily
resident in India since his migration, or
(C. in case
such as a person has migrated after July 19th, 1948 and he has been registered
as a citizen of India by an officer appointed in that behalf by the government
of the Dominion of India on an application made by him thereof to such an
officer before the commencement of the Constitution, provided that no person
shall be so registered unless he has been resident in India for at least 6
months immediately preceding the date of his application.
III.
Article
7: Citizenship of certain migrants to Pakistan
This
article deals with the rights of people who had migrated to Pakistan after
March 1, 1947, but subsequently returned to India.
IV.
Article
8: Citizenship of certain persons of Indian origin residing outside India
This
article deals with the rights of people of Indian origin residing outside India
for purposes of employment, marriage, and education.
V.
Article
9: Voluntarily acquiring citizenship of a foreign state not deemed to be citizens
of India.
This
article provides that people voluntarily acquiring citizenship of a foreign
country will not be deemed citizens of India. This article made it clear that
in India, we do not have the concept of dual citizenship.
Tip: Dual
citizenship, or multiple citizenship, is when a single person is legally
recognized as a citizen of two or more countries at the same time.
VI.
Article
10
Any person
who is considered a citizen of India under any of the provisions of this Part
shall continue to be citizens and will also be subject to any law made by the
Parliament.
VII.
Article
11: Parliament to regulate the right of citizenship by law
This
article provides that Parliament has the right to make any provision concerning
the acquisition and termination of citizenship and any other matter relating to it.
Tip:
A.
Citizenship
is the subject of the Union List, and thus parliament has exclusive
jurisdiction over the matters related to it.
B.
Unlike
other provisions of the Constitution, which came into being on January 26,
1950, these articles were enforced on November 26, 1949 itself, when the
Constitution was adopted.
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