CONSTITUTIONAL LAW OF

INDIA

PROJECT ON CITIZENSHIP

Submitted to: Submitted by:

Dr. Shruti Bedi Ashmita Sandhu
Roll No. 131/17
Section C
Semester III
B.Com. LLB
 Acknowledgement

I, Ashmita Sandhu, student of Section C, B.Com. LLB,

Semester 3, am thankful to my Constitutional Law
professor, Dr. Shruti Bedi, to have given me the
opportunity to make a project on the topic
‘Citizenship’. This has given me a deeper insight of the
subject and the research I have performed for this
project shall help me in my academics.
I would also like to express my gratitude to the UILS
library staff and the resources of the institution, which
helped me in putting together this project.
Lastly, I would like to thank my family and friends,
with whose help I was able to complete this
assignment on time.

Ashmita Sandhu

2
 Index

1. Table Of Cases………………………………….... 4
2. Introduction ……………………………………....5
3. Citizenship and Nationality …………………6
4. Scenario Of Citizenship In India …………..7
5. Citizenship At The Commencement Of The
Constitution ……………………………………….8
6. No Dual Citizenship ……………………..........14
7. Continuance Of Right Of Citizenship……15
8. Citizenship Act Of India 1955 …………….16
9. Overseas Citizenship …………………………21
10. Commonwealth Citizenship ……………….22
11. Termination Of Citizenship ………………..23
12. Current Affairs Relating To Citizenship 26
13. Bibliography …………………………………….29
14. Webliography …………………………………..29

3
 Table Of Cases

Mohammad Raza Vs. Page No. 9

State Of Bombay
Pradeep Jain Vs. Union Page No. 10
Of India
Kulathil Mamma Vs. Page No. 13
State Of Kerala
Ebrahim Wazir Vs. State Page No. 15
Of Bombay
Jan Balaz Vs. Anand Page No. 17
Municipality
State Trading Page No. 25
Corporation Vs.
Commercial Tax Officer
R.C. Cooper Vs. Union Of Page No. 25
India

4
 Introduction

According to the Cambridge English Dictionary, a

citizen is a person who is a member of a particular
country and who has rights because of being born
there or because of being given rights, or a person
who lives in a particular town or city.1
The status of being a citizen is called citizenship. 2
A citizen of a State is a person who enjoys full civil and
political rights in that State. He enjoys full
membership of the political community. Therefore,
citizenship simply means the membership of the
political community or the State. Citizenship is a legal
status determined by the specific rights and duties.
Citizen of a State is he “who has political rights in, the
duty of military service for, and diplomatic protection
abroad, by the State concerned.” Citizenship carries
with it certain advantages. There are certain
Fundamental Rights, which are available to the
citizens of India. Again, citizens alone have the right to
hold certain high offices, such as, that of the President,
the Vice President, the Governor of a State, the Judges
of the Supreme Court and the High Courts, the
Attorney-General, and the Advocate General of a state.
Also, the right to vote to elect representatives of the
Union and the State Legislatures, and the right to
contest the elections and be elected to such
Legislatures is vested in a citizen of India only. 3

1
Cambridge Academic Content Dictionary, 2018, Cambridge University Press, UK.
2
Merriam-Webster Dictionary, 2018, Merriam-Webster, Incorporated.
3
Kumar, Narender, Constitutional Law Of India, 2015, Allahabad Law Agency, Faridabad, India.

5
 Citizenship And Nationality

Citizenship may be distinguished from nationality of a

person. While the former refers to a relationship of an
individual with the State from the internal aspect, the
latter refers to similar relationship from the
International aspect.4
The term ‘national’ is often used synonymously with
‘citizen’. But, the former has a broader significance
than the latter.5 For, while all citizens of a State must
be its nationals, all nationals may not be its citizens.
Further, while nationality is a concept of International
Law, citizenship is determined under the municipal
law.6 A person is a national of a State if there is
genuine connection between the State and such
person, conforming to the general principles of
International Law, irrespective of the rights enjoyed
by that person under the municipal law of that State.
This relation continues even though that person is
outside the territorial limits of the State.7

In India, the term ‘nationality’ is neither used in the

Constitution nor in the Citizenship Act, 1955.
Therefore, every citizen of India would be regarded as
an Indian national.

4
D.D., Basu, Commentary on the Constitution of India, 1982.
5
Encyclopaedia, Britannica, XVI Edition
6
Article 2, the Conflict of Nationality Laws Convention, Hague, 1930.
7
Digest Of International Law Cases, 1998.

6
 Scenario Of Citizenship In India

Part II of the Constitution deals with the law relating

to Citizenship Of India at the Commencement of the
Constitution, i.e., on 26th January 1950. These
provisions were enacted keeping in view the partition
of the country in 1947 and the consequent problems,
for example, migration of people. As regards the
Citizenship of India Subsequent to the commencement
of the Constitution, the provisions are contained in the
commencement of the Constitution; the provisions are
contained in the Citizenship Act, 1955 enacted by the
Union Parliament under Article 11.
The concept of Indian citizenship did not exist prior to
November 26, 1949, when the Constituent Assembly
adopted the Constitution, bringing into force, at once,
the provisions relating to citizenship.8

Citizenship Of India At The

Commencement Of The Constitution

On partition of the country, some people were living

in India, some people came from Pakistan, and some
others were living abroad. The problem relating to the
Citizenship of India is, therefore by three-fold
provisions. A person, at the commencement of the
Constitution, could be a citizen of India in the
following ways –
1. By domicile
8
B. Shiva Rao, Framing of India’s Constitution, 1968.

7
2. By migration
3. By registration

1) Citizenship by Domicile (Article 5)

Article 5: 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-
• who was born in the territory of India; or
• either of whose parents was born in the territory of
India; or
• 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.

Domicile

The term ‘domicile’ is not defined in the Constitution.

Ordinarily, it means the home or the place where a
person resides with the intention to remain there
permanently and without any present intention to
remove him therefrom.9 It is a place, which a person
fixes as a habitation for himself and his family, for not
a mere special or temporary purpose, but with a
present intention of making it his permanent home.
2 elements are necessary for constituting the domicile
of a person –
• Actual residence at the place, and
• The present intention to remain there permanently.
9
Cambridge Academic Content Dictionary, 2018, Cambridge University Press, UK.

8
Thus, there must be both, the factum and animus; to
constitute the existence of domicile, for neither mere
residence nor mere intention to reside at the place is
sufficient to constitute the domicile of the person. 10

Case Law: Mohammad Raza vs. State of Bombay11,

The appellant came to India in 1938. He went on a
pilgrimage to Iraq in 1945. He was registered a
foreigner and several times his stay in India was
extended. In 1957 his request to extend the stay
period was refused. He appealed saying he must
be regarded as a citizen under article 5. But it was
dismissed. The court held that though he was
original resident he did not acquire Indian
citizenship because he did not have a domicile in
India. His application for extending his stay in
India made from time to time forfeited this
conclusion. The domicile of choice continues until
the former domicile has been resumed or another
has been acquired.

Kinds Of Domicile
Basically there are three types of domicile, as
organized under common law and statutes[i]. They
are:
• domicile of origin,
• domicile of choice or necessary domicile; and
• domicile by operation of law.
Domicile by birth is the domicile that is acquired by a
child for the reason of its birth. Thus it is attributed to
everyone at birth. For example, a child born in a
10
Halsbury’s Laws Of England
11
AIR 1966 SC 1436

9
marital relationship will take the domicile of its father,
and a child born outside wedlock will take the
domicile of its mother.
However, any person without a legal disability can
have a domicile of choice. Domicile by choice is the
domicile that is presumed or inferred by law. The law
will presume a domicile of choice if there is a change
of residence coupled with an intention of making the
change permanent[ii].
Domicile by operation of law is the one that is
imposed by law. The following are the examples of
domicile by operation of law:
• When the parents of a child changes their domicile,
the domicile of the child will also get changed by the
operation of law; and
• When a woman is married, she acquires the domicile
of her husband. However, a married woman can
acquire her own domicile, independent of her
husband.

Single Domicile In India

Case Law: Pradeep Jain vs. Union Of India12, a

seminal decision on the question, the Supreme
Court has repudiated the notion of the State
domicile. The Court observed that the Constitution
of India recognized only one domicile, namely the
domicile in India.

12
AIR 1984 SC 1420

10
 2) Citizenship By Migration (Article 6)
Article 6: Rights of citizenship of certain persons who
have migrated to India from Pakistan.13
• Notwithstanding anything in Article 5, a person who
has migrated to the territory of India from the
territory now included in Pakistan shall be deemed to
be a citizen of India at the commencement of this
Constitution if-
• he or either of his parents or any of his grand-
parents was born in India as defined in the
Government of India Act, 1935 (as originally
enacted); and
• (i) in the case where such person has so migrated
before the nineteenth day of July, 1948, he has been
ordinarily resident in the territory of India since the
date of his migration, or
• (ii) in the case where such person has so migrated
on or after the nineteenth day of July, 1948, 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
there for to such officer before the commencement of
this Constitution in the form and manner prescribed
by that Government:
•Provided that no person shall be so registered unless
he has been resident in the territory of India for at
least six months immediately preceding the date of
his application.
Article 6 deals with those persons who migrated to
India from Pakistan. India as defined in the
Government of India Act, 1935, means undivided
13
Govt. Of India Act, 1935.

11
India. These persons were divided into two
categories.
• Category 1: Those who came before July 19, 1948
• Category 2: Those who came after July 19, 1948
Those who came from Pakistan to India before July
19, 1948 would automatically become Indian Citizens.
Those who came after July 19, 1948 would become
Indian Citizens provided they had been registered in
the form and manner as prescribed by the
Government of India.14

Article 7: Citizenship Of Migrants To Pakistan

Article 7 provides that a citizen of India, whether by
domicile or by migration, ceased to be a citizen of
India, if he had migrated to Pakistan after 1st March
1947. Article 7 overrides Article 5, for even if a
person was a citizen of India by virtue of Article 5, he
would cease to be a citizen of India, if he migrated to
Pakistan after 1st March 1947. Similarly, a person
acquiring the citizenship of India under Article 6,
would cease to be a citizen of India, if he had migrated
to Pakistan after this date.

Articles 6 and 7 deal with persons migrating from

Pakistan to India and vice versa. The term ‘migration’
came for consideration before the Supreme Court in
Kulathil Mamma vs. State Of Kerala.
Case Law: Kulathil Mamma vs. State Of Kerala. 15 In
this case, the appellant aged 12 years of age, left
for Pakistan in 1948, leaving his parents in India.
14
Kumar, Narender, Constitutional Law Of India, 2015, Allahabad Law Agency, Faridabad, India.
15
AIR 1966 SC 1614

12
He again left for Pakistan and came back to India
in 1956. The Supreme Court held that he had lost
his Indian citizenship because of his migrating to
Pakistan.

3) Citizenship by Registration (Article 8)

Article 8: Rights of citizenship of certain persons of
Indian origin residing outside India.
• Notwithstanding anything in article 5, any person
who or either of whose parents or any of whose
grand-parents was born in India as defined in the
Government of India Act, 1935 (as originally
enacted), and who is ordinarily residing in any
country outside India as so defined shall be deemed
to be a citizen of India if he has been registered as a
citizen of India by the diplomatic or consular
representative of India in the country where he is
for the time being residing on an application made
by him therefor to such diplomatic or consular
representative, whether before or after the
commencement of this Constitution, in the form and
manner prescribed by the Government of the
Dominion of India or the Government of India.
• Article 8 deals with those persons who were
living abroad. The article provides that any person
who was born or his parents /grandparents were
born in undivided India but living abroad and wants
to return to India would need to be registered at the
as Citizen of India by the diplomatic or consular
representative of India in that country.
• Article 8 is to cover overseas Indians having no
domicile in the territory of India. Under section 8,

13
 unlike Articles 5 and 6, a person could become a
citizen of India, not only at the commencement of
the Constitution but also subsequent to such
commencement.

No Dual Citizenship (Article 9)

Article 9: Persons voluntarily acquiring citizenship

of a foreign State not to be citizens
• Article 9: Persons voluntarily acquiring
citizenship of a foreign State not to be citizens.
• No person shall be a citizen of India by virtue of
Article 5, or be deemed to be a citizen of India by
virtue of Article 6 or Article 8, if he has voluntarily
acquired the citizenship of any foreign State.
• Under Article 9 of the Constitution, any person
who has voluntarily acquired the citizenship of a
foreign country, even if qualified for Indian
Citizenship under any of the provisions of the
constitution will not be a Citizen of India.
• Pakistan is not a Foreign State under Article 9 by
reason of the Declaration as to Foreign State Order,
1950, made under Article 367(3) read with Article
392(3) of the Constitution. The words “Foreign
State” do not occur in Article 7, and Article 9 has no
reference to Article 7. Hence, a person who
migrated to Pakistan after 1st March 1947, and
acquired Pakistan citizenship cannot claim to be a
citizen of India. Such a person ceased to be a citizen
of India under Article 7. Article 9 would have no
application to such a case.16

16
B. Shiva Rao, Framing of India’s Constitution, 1968.

14
 Continuance of right of Citizenship (Article 10)
Every person who is or is deemed to be a citizen of
India under any of the foregoing provisions of this
Part shall, subject to the provisions of any law that
may be made by Parliament, continue to be such
citizen. It thus enacts that an express law made by
the Union Parliament for the purpose can only take
the right to citizenship of India given under the
Constitution, away.
Case: Ebrahim Wazir vs. State Of Bombay17. The
appellant, a citizen of India, having entered India
from Pakistan without a permit, was ordered to be
removed to Pakistan under Section 7 of The Influx
From Pakistan (Control) Act, 1949. The Supreme
Court held Section 7 ultra vires the Parliament
because it allowed the forcible removal of an
Indian citizen from India, destroying his right of
citizenship, conferred by Part II of the
Constitution. The right of citizenship, the Court
ruled, would only be taken away by recourse to
Article 11 of the Constitution. It was thus held,
that the absence of a law expressly made under
Article 11, the right of citizenship, which a person
had acquired under Part II, could not be destroyed
by an act made for a different purpose.

17
AIR 1954 SC 229

15
 Citizenship Of India After The
Commencement Of The Constitution
(The Citizenship Act 1955)
The Citizenship Act, 1955 that came into force with
effect from 30th December 1955 deals with matters
relating to the acquisition, determination and
termination of Indian citizenship. It provides for the
acquisition of Indian citizenship by birth, by
descent, by registration and by naturalization. 18

Acquisition of Citizenship Of India After the

commencement of the Constitution (i.e., after
26th January 1950)

The Citizenship Act, 1955 provides the following

modes of acquiring Indian citizenship after the
commencement of the Constitution-

I. Citizenship by Birth (Section 3) –

Section 3 of the Citizenship Act, 1955 provides that
every person born in India on or after 26th January
1950 shall be a citizen of India by birth.
However no such person as above said shall be a
citizen of India, if at the time of his birth-
• His father (or mother)19 possesses such immunity
from suits and legal processes as is accorded to
envoy of a foreign sovereign power and (he or she,
as the case may be)20 is not an Indian citizen; or

18
Kumar, Narender, Constitutional Law Of India, 2015, Allahabad Law Agency, Faridabad, India
19
Ins, by the Citizenship (Amendment) Act, 1986.
20
Ibid.

16
 • His father (or mother)21 is an enemy alien and his
birth takes place in a territory then under enemy
occupation.
There has been many amendments in this section
but latest amendment was done by The Citizenship
Act, 2003 to the effect that a person born in India on
or after the commencement of this Amendment Act,
shall be a citizen of India by birth if at the time of
his birth both of his parents are citizens of India or
one of whose parents is a citizen of India and the
other is not an illegal migrant.

Case: Jan Balaz vs. Anand Municipality22, a child

born in India to surrogate mother, an Indian
national, whose biological father is a foreign
national, is held to be a citizen of India by birth
under Section 3(1)(c)(ii) of the Citizenship Act,
1950.

II. Citizenship by Decent (Section 4)

• A person born outside India on or after 26th
January 1950 but before 10th December 1992 is a
citizen of India by descent, if his father was a citizen
of India by birth at the time of his birth. In case the
father was a citizen of India by descent only, that
person shall not be a citizen of India, unless his
birth is registered at an Indian Consulate within one
year from the date of birth or with the permission
of the Central Government, after the expiry of the
said period. • A person born outside India on or
after 10th December 1992 but before 3rd
21
Ibid.
22
AIR 2010 Guj. 21.

17
December, 2004, is considered as a citizen of India
if either of his parents was a citizen of India by birth
at the time of his birth. In case either of the parents
was a citizen of India by descent, that person shall
not be a citizen of India, unless his birth is
registered at an Indian Consulate within one year
from the date of birth or with the permission of the
Central Government, after the expiry of the said
period.
• A person born outside India on or after 3rd
December, 2004 shall not be a citizen of India,
unless the parents declare that the minor does not
hold passport of another country and his birth is
registered at an Indian consulate within one year of
the date of birth or with the permission of the
Central Government, after the expiry of the said
period.

III. Citizenship by Registration (Section 5(1))

Indian Citizenship by registration can be acquired
(not illegal migrant) by: -
Persons of Indian origin who are ordinarily resident
in India for seven years before making application
under section 5(1)(a) (throughout the period of
twelve months immediately before making
application and for six years in the aggregate in the
eight years preceding the twelve months).
Application shall be made in Form I.
Persons of Indian origin who are ordinarily resident
in any country or place outside undivided India
under section 5(1)(b).
Persons who are married to a citizen of India and
who are ordinarily resident in India for seven

18
years (as mentioned at (a) above) before making
application under section 5(1)(c). Application shall
be made in Form-II.
Minor children whose both parents are Indian
citizens under section 5(1)(d). His parents in Form-
III shall make application.
Persons of full age whose both parents are
registered as citizens of India under section 5(1)(a)
or section 6(1) can acquire Indian citizenship under
section 5(1)(e). Application shall be made in Form
III-A.
Persons of full age who or either of the parents
were earlier citizen of Independent India and
residing in India for ONE YEAR immediately before
making application under section 5(1)(f).
Application shall be made in Form III- B.
Persons of full age and capacity who has been
registered as an Overseas Citizen of India (OCI) for
five years and residing in India for one year before
making application under section 5(1)(g).
Application shall be made in Form III-C.
Clarification: A person shall be deemed to be a
Person of Indian origin if he, or either of his parents,
was born in undivided India or in such other
territory which became part of India after the 15th
day of August 1947.

IV. Citizenship by Naturalization (Section 6)

Naturalization means to adopt, to introduce to any
other county, to admit to citizenship, or to
naturalize as a citizen of a State. In the context of
citizenship, naturalization is “the act by which

19
 rights of citizenship conferred by a State upon a
person who was before, an alien to that State”. A
foreign citizen not covered by any of the above
methods can get Indian citizenship on application of
Naturalization to the Government of India; with the
following conditions:

• Belongs to a country where the citizens of India

are allowed to become subjects or citizens of that
country by naturalization.
• Renounces the citizenship of his country and
intimated the renunciation to the Government of
India.
• Has been residing in India or serving the
government for 12 months before the date of
making application for naturalization.
• That during 7 years (12years)23, (40 years)24
immediately preceding the above period of 12
months, he has either resided in India or has been
in the service of Government or partly the one and
partly the other, for period amounting in aggregate
to not less than 4 years (9 years)25, (11 years)26,
• Possess a good character
• Possess working knowledge of Indian Languages
• Intends to reside in India after naturalization.
Further, Government of India can waive any or all of
the above conditions in case of a person who has
rendered distinguished service in the cause of
philosophy, science, literature, arts, world peace etc.

23
The Indian Citizenship (Amendment) Act, 1986.
24
Subs. By the Citizenship ( Amendment) Act, 2003
25
The Citizenship ( Amendment) Act,1986
26
The Citizenship (Amendment) Act, 2003

20
The Government of India may waive all or any of the
above conditions for naturalization, in the case of a
person who, in its opinion, has rendered distinguished
service for the cause of science, philosophy, world
peace or human progress generally.27

V. Citizenship by Incorporation of Territory

(Section 7)

If any new territory becomes a part of Government of

India shall specifies the person who among the people
of the territory shall be the citizen of India. Such
persons become the citizen of India from the notified
date.

Overseas Citizenship For Persons Of

Indian Origin
The Citizenship (Amendment) Act 2003, provides for
dual citizenship to Persons of Indian Origin residing in
16 countries. Among other things, the Act simplifies
the procedure to facilitate the re-acquisition of Indian
Citizenship by persons of full age, who are Persons of
Indian Origin and former Indian citizens without
having to forge the citizenship of the countries in
which they live. As per the Act, the PIOs who seek dual
citizenship, would be allowed free movement without
visas and be able to own properties, build or invest
directly in projects directly in the country. However
27
Proviso to clause (1) of Section 6 of the Citizenship Act, 1955.

21
they will not have any political rights, will not be
allowed to vote, or run for office or take jobs in
defense services. However, the Prime Minister Sh.
Manmohan Singh on 10th January 2010 declared at the
Pravasi Bharatiya Diwas, that all NRIs would get a
chance to vote by the time the next general elections
in 2010. The Act would fulfill the long pending
demand of the NRIs. It would enable both Bharatvasis
and Bharatvanshis to contribute together to the cause
of India’s development. 28

Commonwealth Citizenship (Section 11)

Every person who is born in commonwealth country,
by virtue of that citizenship enjoys the status of
Commonwealth Citizenship in India. The act
empowers the government of India to make
provisions of reciprocity for the enforcement of all or
any rights of Citizens of India on citizens of
commonwealth countries.

Termination Of Citizenship Of India

28
Kumar, Narender, Constitutional Law Of India, 2015, Allahabad Law Agency, Faridabad, India

22
As regards the termination of Citizenship of India
subsequent to the commencement of the Constitution,
the Citizenship Act 1955, provides the following ways-
a) by renunciation
b) by termination
c) by deprivation

A) Renunciation of Citizenship (Section 8)

Section 8 of the Citizenship Act provides that a
citizen of India of full age and capacity, 29[who is
also a citizen or a national of any other country],
may renounce his Indian Citizenship, by making a
declaration to the effect, (in the prescribed form
and manner), and having registered with the
prescribed authority. Upon such registration, that
person shall cease to be a citizen of India.

B) Termination of Citizenship (Section 9)

Section 9 of the Indian Citizenship Act, 1955
provides that if a citizen of India voluntarily
acquires the citizenship of any other country,
subsequent to the commencement of the
Constitution, he shall cease to be a citizen of India.
But, it will not apply to a citizen of India who during
any war in which India may be engaged, voluntarily
acquires the citizenship of any other country.

C) Deprivation of Citizenship (Section 10)

29
The Citizenship (Amendment) Act 2003

23
 Section 10 of the Citizenship Act 1955 provides that
a citizen of India, whether by naturalization or y
registration or by domicile or by residence, may be
deprived of his citizenship of India by an order of
the Central Government if it is satisfied:
i) that the registration or certificate of
naturalization was obtained by him by means
of fraud, false representation or concealment of
any material fact; or
ii) that he has shown himself by act or speech, to
be disloyal or diseffected towards the
Constitution of India; or
iii) that he, during a war in which India may be
engaged, unlawfully traded or communicated
with the enemy; or
iv) that within 5 years of his registration or
naturalization, he has been sentenced to
imprisonment for not less than 2 years; or
v) that he has been ordinarily resident of India for
seven years and during that period he has neither
been at any time, a student of an educational
institution in a country outside India; nor in service
of Goverment of India, or of International
Organization of which India is a member; nor
registered annually in the prescribed manner, at an
Indian consulate his intention to retain his
citizenship of India.

24
A Company or Corporation, whether a Citizen of
India

Case: State Trading Corporation vs. Commercial

Tax Officer30, the Supreme Court held that a
company or a corporation could not be a citizen of
India, and therefore, could not claim, such of the
Fundamental Rights, as had been conferred upon
the citizens only.

The Supreme Court distinguished between

citizenship and nationality and stated that a
company might have nationality, which was
determined by the place of its incorporation, it did not
have citizenship.

Case: R.C. Cooper vs. Union Of India31. The

Supreme Court held that the fundamental rights of
the shareholders as citizens were not lost when
they associated to form a company.

Current Affairs Relating To Citizenship In

The World

30
AIR 1963 SC 1811
31
AIR 1970 SC 564

25
India
India has effectively stripped 4 million people from
the state of Assam of their citizenship.
The state has a National Register of Citizens (NRC),
which includes the names of all those who can prove
they came to the state before 24 March 1971 – the day
before Bangladesh declared independence.
India has now released a final draft of a list of its
citizens, leaving some 4 million people to prove their
Indian nationality.
The application process for inclusion in India’s
national register started in 2015. Of the 32.9 million
applicants, the names of 28.9 million have been
approved and included in the draft, India’s registrar-
general Sailesh told reporters in Gauhati, the capital of
Assam state.
Mr. Sailesh said more than 4 million who have been
left out can file appeals by 30 September and prove
their Indian nationality by providing documents –
until then, no one will be declared an illegal migrant.
“Adequate and ample scope will be given to people for
making objections. No genuine Indian citizen should
have any fear,” Mr Sailesh said.
Allegations of illegal movement of people from India’s
border with Bangladesh have triggered sectarian
tensions between the state’s indigenous population
and Bengali-speaking Muslims.
Hundreds of Bengali-speaking Muslims whose
nationalities are suspect are living in detention camps
in Assam state.

26
People were asked to provide documents proving that
they or their family members lived in India before
Bangladesh’s independence.
The final national register containing the names of
only Indian nationals, after determining illegal
migrants, will be published after the disputed claims
are settled.
“Nowhere else in India have we carried out such an
exercise to have a list of Indian nationals,” said
National Register of Citizens coordinator Prateek
Hajela.32

Europe, USA

‘Citizenship-By-Investment’, Current Phenomenon

pertaining attainment of citizenship by investment

Selling passports. It may sound illicit but 'citizenship-

by-investment' is a global industry worth billions -
and it's completely legal. The idea is simple - invest
huge sums of money and in return acquire residency
rights or citizenship, even visa-free access to all
European member states. The UK offers residency in
exchange for an investment of £2 million - or for £10
million, the possibility of British citizenship within
two years. And across the world, countries are vying
to attract the super-rich through these schemes. But
they are attracting attention for the wrong reasons.
European MEPs have launched an investigation into a
'Golden Passports' programmed across Europe -
32
Khan, Shehab, The Independent News, 30th July 2018, www.independent.co.uk

27
including the UK - amid concerns that they pose a
corruption risk. In the US, government financial
investigators say individuals are buying citizenship to
hide their true identity, in an attempt to flout
economic sanctions against Iran. 33

Bibilography

33
Harte, Alys, BBC World News, 6th June 2018, www.bbcworldnews.co.uk

28
1. Basu D.; Introduction to the Constitution of India,
2008, Wadhwa, Nagpur.
2.Kumar Narender; Constitutional law of India, 2010,
Allahabad law agency; Delhi.

3. Bare Act Of The Constitution Of India, 2018,

Universal Law Publishing, Gurgaon.

Webliography

1. http://www.outlookindia.com/article.aspx?239,
accessed on 8th August 2018 at 7:30 pm.
2. http://icon.oxfordjournals.org./content/8/14/71
4.abstract accessed on 8th August 2018 at 7:43
pm.
3. www.indiankanoon.com accessed on 10th August
2018 at 6:30 pm.
4. www.legaservicesindia.com/article23123
accessed on 14th August 2018 at 9:17 pm.

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