Thursday, August 12, 2010

Citizenship Revisited

There are the following aspects:- A)Flowing from the Constitution of India 1)Citizenship at the commencement of this Constitution. 2)Rights of citizenship of certain persons who have migrated to India from Pakistan.

B)Flowing from enactments of the Parliament, the following modes of acquisition of Citizenship 1)Citizenship by Birth 2)Citizenship by Descent 3)Citizenship by Registration 4)Citizenship by Naturalisation.

Constitutional provisions:-

A)1) Citizenship at the commencement of the Constitution.—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 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 such commencement, shall be a citizen of India.

A)2) Rights of citizenship of certain persons who have migrated to India from Pakistan— shall be deemed to be a citizen of India at the commencement of this Constitution if—
(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and
(b)(i) in the case where such person has so migrated before the nineteenth day of July, 1948 ......

Parliamentary enactments (Citizenship Act1955, and subsequent amendments)
1)Citizenship by Birth 2)Citizenship by Descent 3)Citizenship by Registration 4)Citizenship by Naturalisation.

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