Criteria for Granting Citizenship

  • In countries like Israel, or Germany, factors like religion, or ethnic origin, could also be given priority when granting citizenship.

Background – India Scenario:

  • National Movement: There were concerted efforts to bring people from many areas, cultures, and religions together during the wide-ranging independence movement.
  • Grant each group full and equal citizenship: Some isolated villages in the Andaman and Nicobar Islands that had little touch with contemporary society, the SC and ST, a large number of women who had not previously had equal rights, etc.

Citizenship in India:

Lets discuss all the articles that fall under the consitution regarding the following subject :

Number of the article

Name of the article

Description

Article 5:

Citizenship at the commencement of the Constitution

This page discusses citizenship for those who were alive on January 26, 1950, the day the Constitution went into effect. Citizenship is granted to individuals who meet certain requirements, such as

(1) having their permanent residence in India,

(2)being born in the country, having at least one parent born there,

(3) or having lived in India regularly for at least five years prior to the Independence.

Article 6:

Citizenship of certain persons who have migrated from Pakistan

When the Government of India Act of 1935 came into effect, any person who had immigrated from Pakistan would have been considered an Indian citizen at that time if they had:

(a) been a regular resident of India since their migration before July 19, 1948, had been born in India, according to the Government of India Act of 1935, or

(b) if someone moved to India after July 19, 1948, and they were registered as Indian citizens by an officer designated by the government of the Dominion of India in that regard after they applied to the officer prior to the Constitution’s enactment; however, no one can be registered in this manner unless they have lived in India for the six months prior to the application date.

Article 7:

Citizenship of certain migrants to Pakistan

  • The rights of those who left India for Pakistan after March 1, 1947, and then came back are covered in this article.

Article 8:

Citizenship of certain persons of Indian origin residing outside India

  • The rights of persons of Indian descent living abroad with regard to work, marriage, and education are covered in this article.

Article 9:

Persons voluntarily acquiring citizenship of a foreign State not to be citizens.

  • Any individual who is deemed an Indian citizen by virtue of any of the provisions of this Part will remain so and be bound by any laws passed by Parliament.

Article 11:

Parliament to regulate the right of citizenship by law

  • Any provision pertaining to the acquisition and loss of citizenship, as well as any other citizenship-related issue, may be made by the Parliament.

Citizenship of India constitutional provisions:

  • The Indian Constitution’s Articles 5 through 11 (Part II) govern citizenship.
  • The law pertaining to citizenship is the Citizenship Act of 1955. The 1986 Citizenship (Amendment) Act, the 1992 Citizenship (Amendment) Act, the 2003 Citizenship (Amendment) Act, and the 2005 Citizenship (Amendment) Act have all altered this.
  • In India, nationality is primarily based on jus sanguinis, or citizenship by blood, rather than jus soli, or citizenship by birth within the territory.

Citizenship Act, 1955

  • Citizenship at the commencement of the Constitution
  • Citizenship by birth
  • Citizenship by descent
  • Citizenship by registration
  • Citizenship by naturalization
  • By incorporation of territory (by the Government of India)

(a) Individuals who were residents of India on November 26, 1949, automatically became citizens of India at the time the Constitution was drafted.

(b) Indian citizens are those who were born in India on or after January 26, 1950, but before July 1, 1987.

(c) If either parent was an Indian citizen at the time of the birth, the person born after July 1, 1987, is considered an Indian citizen.

(d) If one parent is an Indian citizen and the other is not an illegal immigrant at the time of birth, then a person born after December 3, 2004, is considered an Indian citizen.

(e) Children of enemy aliens and foreign diplomats are not eligible for citizenship by birth.

Citizen and Nation Class 11 Political Science Notes

A nation is not the same as a country. A nation is defined by its borders, governing bodies, and population. A nation is characterized by its culture and history; it gives its citizens an identity that allows them to be recognized as distinct from citizens of other nations. Indian, Chinese, Portuguese, and American, for instance. Therefore, the State grants these people rights so they can enjoy themselves; nevertheless, the rights granted by various states vary.

We will study every important aspect of this citizen and country in this article.

Citizen and Nation Class 11 Political Science Notes

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