CITIZENSHIP

PART II (Art 5-11)

Important Terms

• Citizen: A participatory member of a political
  community
• Alien: Foreigners
  -Enemy Alien: Citizen of a country with which India is
  officially at war
  -Friendly Alien: Citizens of all other countries
• Migrant: People who leave their home for another
  place for better opportunities etc.
  -Legal: Enter with valid documents
  -Illegal: Enter without valid documents or stay beyond
  permitted time period
• Refugees: People who are forced to leave their
  country

Constitutional Provisions on Citizenship

• Indian citizenship criteria
  -Born in India.
  -Parent born in India.
  -Lived in India for 5+ years before Constitution
  commencement
• Citizenship for migrants from Pakistan:
  -Born in pre-partition India or parent/grandparent born
  in pre-partition India
  -Migrated before July 19, 1948: Must have lived in India
  since migration.
  -Migrated on/after July 19, 1948: Must register for
  citizenship with 6 months residency before application.
  
• Loss and regain of citizenship for migrants to Pakistan:
  -Migrating from India to Pakistan after March 1, 1947, results in
  loss of Indian citizenship.
  -Exception: Migrants returning to India with a permit for
  resettlement or permanent return are considered as having
  migrated back to India after July 19, 1948, for citizenship
  purposes
• Citizenship for Indian-origin people abroad:
  -People born in pre-partition India, or their parents/grandparents,
  residing outside current India can gain citizenship.
  -Must register with India’s diplomatic or consular representatives
  in their country of residence.
  -Registration can be before or after the Constitution’s
  commencement, as per prescribed procedures.
  
  However, no person will be deemed to be a citizen, if he
  voluntarily acquired the citizenship of a foreign State.
  Parliament can make laws w.r.t. acquisition &
  termination of citizenship (including other related
  matters) – Art 11

What about Citizenship by Ambedkar

“It is not the object of this
particular Article to lay down
a permanent law of
citizenship for the country.
The business of laying down
permanent law of citizenship
has been left to the
Parliament”

Citizenship Act’ 1955

1. The Citizenship (Amendment) Act, 1957
2. The Repealing and Amending Act, 1960
3. The Citizenship (Amendment) Act, 1985
4. The Citizenship (Amendment) Act, 1986
5. The Citizenship (Amendment) Act, 1992
6. The Citizenship (Amendment) Act, 2003
7. The Citizenship (Amendment) Act, 2005
8. The Citizenship (Amendment) Act, 2015
9. The Citizenship (Amendment) Act, 2019

Acquisition of Citizenship

• By Descent
• By Registration
• By Naturalization
• By Incorporation of Territory

Loss of Citizenship

• By Renunciation
• By Termination
• By Deprivation

Assam Accord: The Citizenship (Amendment) Act, 1985

It was signed in 1985 between
1) Indian government,
2) All Assam Student’s Union &
3) All Assam Gana Sangraam Parishad
to end a 6-year long mass movement demanding
detection and deportation of illegal immigrants.

• Section 6A deals with citizenship for people coming
  to Assam
  – People who came before 1st Jan’66 – citizens with
  full rights
  – People who came between 1st Jan’66 & 24th
  March’71 – can enjoy citizenship rights except right
  to vote
  -People who came after 24th March’71 – should be
  identified and deported

Overseas Citizen of India (OCI)

• A foreign national
  -who was a citizen of India on/after 26th January, 1950;
  -who was eligible to become a citizen of India on 26th
  January 1950;
  -who belonged to a territory that became part of India after
  15th August, 1947;
  -who is a child/grandchild/great grandchild of such a
  citizen;
  -who is a minor child of such persons mentioned above;
  Exception: No person, who or either of whose parents
  or grandparents or great grandparents is or had been
  a citizen of Pakistan, Bangladesh can apply for OCI

Person of Indian Origin (PIO)

• A foreign citizen (except a national of Pakistan,
  Afghanistan Bangladesh, China, Iran, Bhutan,
  Sri Lanka and Nepal)
  -who at any time held an Indian passport Or
  -who or either of their parents/grandparents/great
  grandparents was born and permanently resident in
  India Or
  -who is a spouse of a citizen of India or a PIO

OCI Card Holder

Advantages

• Life-long multiple entry visa.
• No registration requirement with Foreign Regional
  Registration Officer.
• Can buy non-farm property.
• Parity with NRIs in financial, economic &
  educational matters.

Proof of Citizenship

Sarbanand Sonowal’2005

• Any document containing
  -Name
  -Date of Birth (DoB)
  -Place of Birth (PoB)
  -DoB/Proof of citizenship of parents

NATIONAL POPULATION REGISTER

It is a register of usual
residents of the country and is
based on self-declaration.

• Usual resident – 6 months
• It includes both citizens and
  foreigners.

Who Prepares It?

It is prepared under provisions of :

• Citizenship Act 1955 (As per section 14A of
  Citizenship Act 1955, it is mandatory for every
  “usual resident of India” to register in the NPR.)
• Citizenship (Registration of Citizens and issue of
  National Identity Cards) Rules, 2003.
• This identity database is maintained by the
  Registrar General and Census Commissioner of
  India under Ministry of Home Affairs.

National Register of Citizens

• A comprehensive record of citizens in Assam
  (persons who had migrated to Assam before March
  25, 1971)
• Prepared after the conduct of the 1951 Census.
• Conducted right up to the village level.
• Contained House number and names of persons
  living in the house.

NRC Updation

• Being done as per
  -Citizenship Act, 1955
  -Citizenship (Registration of Citizens and Issue of
  National Identity Cards) Rules, 2003
• Process of enlisting the names of those persons
  (or their descendants) whose names appear in
  -Any of the Electoral Rolls up to 1971 or
  -1951 NRC or
  -Any of the admissible documents stipulated