UNIVERSITY INSTITUTE OF LEGAL STUDIES

CONSTITUTION

PROJECT ON THE TOPIC

CITIZENSHIP

CITIZENSHIP IS THE CHANCE TO MAKE A DIFFERENCE TO THE PLACE

WHERE YOU BELONG

SUBMITTED TO :- SUBMITTED BY:-

MRS. SHRUTI BEDI RITIK GUPTA

BCOM LLB

183/17

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 ACKNOWLEDGEMENT

I have taken efforts in this project. However, it would not have been possible without the kind
support and help of many individuals and institution. I would like to extend my sincere
thanks to all of them.

I am highly indebted to Mrs. Shruti Bedi for her guidance and constant supervision as well as
for providing necessary information regarding the project & also for her support in
completing the project.

I would like to express my gratitude towards my parents for their kind co-operation and
encouragement which help me in completion of this project.

I would like to express my special gratitude and thanks to my department University Institute
of Legal Studies for providing an access to the library.

My thanks and appreciations also go to my friends in developing the project and people who
have willingly helped me out with their abilities.

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 LIST OF ABBREVIATIONS

S.NO ABBREVIATION WORD

1. AIR ALL INDIA REPORTER

2. ART. ART.

3. CJI CHIEF JUSTICE OF INDIA

4. E.G. EXAMPLE

5. GOI GOVERNMENT OF INDIA

6. HON’BLE HONOURABLE

7. ORS. OTHERS

8. P. PAGE

9. SC SUPREME COURT

10. SCC SUPREME COURT CASES

11. V. VERSUS

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 TABLE OF CASES

E.

Ebrahim Wazir v. State of Bombay

J.

Jan Balaz v. Anand Municipality

K.

Kulathil Mamma v. State Of Kerela

L.

Louis De Raedt v. Union of India

M.

Mohd. Raza v. State Of Bombay

P.

Pradeep Jain v. Union Of India

S.

Sondur Gopal v. Sondur Rajini

State of Andhra Pradesh v. Khadar

State of U.P v. Shah Md.

State Trading Corpn of India v. C.T.O

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 TABLE OF CONTENTS

CONTENT PAGE NO.

INTRODUCTION 6.

CITIZENSHIP BY DOMICILE 9

DOMICILE OF ORIGIN 11.

DOMICILE BY CHOICE 11.

DOMICILE BY OPERATION OF LAW 11.

CITIZENSHIP BY MIGRATION 12.

CITIZENSHIP BY REGISTRATION 15.

NO DUAL CITIZENSHIP 15.

CONTINUANCE OF THE RIGHT OF CITIZENSHIP 16.

CITIZENSHIP BY BIRTH 17.

CITIZENSHIP BY DESCENT 18.

CITIZENSHIP BY REGISTRATION 19.

CITIZENSHIP BY NATURALISATION 21.

CITIZENSHIP BY INCORPORATION OF TERRITORY 22.

OVERSEAS CITIZENSHIP 23.

RENUNCIATION OF CITIZENSHIP 24.

TERMINATION OF CITIZENSHIP 25.

DEPRIVATION OF CITIZENSHIP 25.

NATIONAL REGISTER OF CITIZENS (NRC) OF ASSAM 26.

BIBLIOGRAPHY 28.
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 INTRODUCTION

A citizen of a given state is a person who enjoys full membership of the political community
or State. Citizenship constitutes the indispensable foundational principle of democratic polity.
It involves the individual‟s full political membership in the State, his permanent allegiances
to the State and the official recognition by the State of his integration into the political
system. 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. It defines various categories of
Indian citizens at the commencement of the constitution. 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 Citizenship Act 1955
enacted by the union parliament under Art. 11.

Citizenship as defined in part II includes only natural persons and not juristic persons like
Corporation.1 Indian Nationality Law largely follows the JUS SANGUINIS (citizenship by
right of blood) as opposed to the JUS SOLI (citizenship by right within the territory). The
President is termed as the first Citizen of India.

WHAT IS CITIZENSHIP?

Citizenship means the membership of the political community or the state. It is a legal status
determined by the specific rights and duties. A citizen of a state is a person who enjoys full
civil and political rights in that state. 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 certain advantages with it such as there are some fundamental rights
which are available only to the citizens of India.

CITIZENSHIP AND NATIONALITY

Citizenship may be distinguished from nationality of a person. Citizenship is a relationship of

an individual with the State from the internal aspect whereas nationality refers to a

1 State Trading Corpn of India v. C.T.O AIR 1963 SC 1811

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 relationship from the International Concept. Nationality has a broader significance as
compared to the concept of citizenship. The nationality is an ethnic or racial concept. On the
other hand, citizenship is a legal or juristic concept. The nationality of a person indicates
his/her place or country of birth while the citizenship of a person shows that the individual is
registered as a citizen by the government of the respective country. The nationality of a
person cannot be changed nor can it be taken back but however citizenship can be changed
and even if once acquired it can be taken back.

ALIEN OR FOREIGNER

The term alien is defined as same as the word foreigner i.e. a person who is not a citizen of
India. Aliens are either resident aliens or non-resident aliens. Resident Aliens are those
persons who for the time being reside within the territory of the state and so possess a
temporary and territorial title to the state-membership. On the other hand non-resident aliens
possess no title of membership and stand altogether outside the bodily politic.
Again aliens can be either friendly alien or enemy alien. Enemy alien is a person who is a
subject of a state at war with India and is not entitled to full civil rights whereas friendly
aliens are those people who are not enemy aliens and is conferred with full civil rights.2

Fundamental Rights available to only citizens and not foreigners

 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Art.
15).

 Equality of opportunity in matters of public employment (Art. 16).

 Six basic freedoms subject to reasonable restrictions (Art. 19).

 Protection of language, script and culture of minorities (Art. 29).

 Right of minorities to establish and administer educational institutions (Art. 30).

Fundamental Rights available to both citizens and foreigners except enemy aliens
The Fundamental Rights guaranteed by Art. 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are
available to all persons whether citizens or foreigners. These are as follows:

2 Narender Kumar, Constitutional Law Of India, Ed. 10th , Allahabad Law Agency (2018) at p.55
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 Equality before law and equal protection of laws (Art. 14).

 Protection in respect of conviction for offences (Art. 20).

 Protection of life and personal liberty (Art. 21).

 Right to elementary education (Art. 21A).

 Protection against arrest and detention in certain cases (Art. 22).

 Prohibition of traffic in human beings and forced labour (Art. 23).

 Prohibition of employment of children in factories etc., (Art. 24).

 Freedom of conscience and free profession, practice and propagation of religion (Art. 25).

 Freedom to manage religious affairs (Art. 26).

 Freedom from payment of taxes for promotion of any religion (Art. 27).

 Freedom from attending religious instruction or worship in certain educational institutions

(Art. 28).

Citizenship carries with it certain obligations as well.3 The Fundamental Duties contained
in Art. 51 A are addressed to the citizens of India only. Art. 51 A states that it shall be the
duty of every citizen of India

(a) to abide by the Constitution and respect its ideals and institutions, the national Flag and
the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of

India transcending religious, linguistic and regional or sectional diversities; to renounce

practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

3 V.N. Shukla, Constitution Of India Ed. 10th , Eastern Book Company, Lucknow (2003) at p.15
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(g) to protect and improve the natural environment including forests, lakes, rivers and wild

life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the

nation constantly rises to higher levels of endeavour and achievement

A. CITIZENSHIP OF INDIA AT THE COMMENCEMENT OF THE

CONSTITUTION

The problem related to Citizenship of India, at the time of independence was tackled by the
three-fold provisions made in the Constitution.4 The problem arose during the partition of the
country as some people were living in India, some people came from Pakistan and some of
them were even living in abroad. A person, at the commencement of the Constitution, could
be a citizen of India in the following ways-

 By Domicile
 By Migration
 By Registration

A.1 CITIZENSHIP BY DOMICILE

Art. 5 of the Constitution of India states that Every person who has his domicile in the
territory of India at time of the commencement of the constitution 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,

4 Supra Note 2
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shall be a citizen of India.

Conditions specified are alternative and any one of them needs to be fulfilled by a person
having domicile in India, to be a citizen of India.
The expression territory of India meant the territory of India as is defined under Art. 1(3), at
the commencement of the Constitution. Art. 1(3) of the Constitution of India states about the
territory of India which shall comprise of
 the Territories of States
 the union territories as specified in the first schedule of the Constitution and
 any such other territories as may be acquired

WHAT IS DOMICILE?

The term domicile means not only residence but along with residence it is coupled with the
intention to live indefinitely at the place. There must be both, the factum and animus to
constitute the existence of domicile. Neither mere residence nor mere intention to reside at
the place is sufficient to constitute the domicile of a person. In the case of Mohd. Raza v.
State Of Bombay5 the appellant came to India in 1938 and remained there till the year 1945.
He then went on a pilgrimage to Iraq for one year and on his return to India, he then
registered himself as a foreigner and took a job of cashier in a hotel. His stay to live in India
was extended several times but later in 1957 his extension for stay was refused.
It was established from the facts of the case that there was a change his mind and therefore he
had no intention to make India his permanent home and his application made from time to
time for extending his stay in India fortified his conclusion.

KINDS OF DOMICILE

5 AIR 1966 SC 1436

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In the case of Sondur Gopal v. Sondur Rajini 6 it was held that there are three kinds of
domicile which are

 Domicile of Origin
 Domicile of Choice and
 Domicile by Operation of Law

1. DOMICILE OF ORIGIN

Domicile by birth is the domicile that is acquired by a child at the time of his birth. Thus it is
attributed to everyone at birth. Every person is born with a domicile of origin.
The domicile of origin of every person of legitimate birth is the place where, at the time of
his birth, his father is domiciled.
The domicile of origin of the illegitimate child is the place where at the time of his birth, his
mother is domiciled. A married woman takes the domicile of her husband at the time of her
marriage and a widow retains the domicile of her deceased husband till she changes it.7

2. DOMICILE BY CHOICE

Any person without a legal disability can have a domicile of choice which means that a
person of full age and capacity and who is not legally dependent on anyone can acquire the
domicile by choice by abandoning his domicile of origin. It is the domicile that is presumed
or inferred by law. He can acquire the domicile of choice by moving from the place of his
residence to another place and settling down there with a definite intention to remain there
permanently. The onus to prove that he has changed his domicile of origin lies with him
only.

3. DOMICILE BY OPERATION OF LAW

6 AIR 2013 SC 2678

7 Supra Note 2 at p.59
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 Domicile by operation of law is the one that is imposed by law. A domicile by operation of
law is a domicile that the law vests in a person without taking into consideration a person‟s
residence or intention to change residence. Here an individual cannot exercise his/her
freedom of right. 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.

In the case of Louis De Raedt v. Union of India8 a Belgian national was staying in India
since 1937 on a Belgian passport with the permission of the Government of India from time
to time could not succeed in his claim for Indian Citizenship under Art. 5(c) because the
intention to reside permanently in India was missing in this case.

SINGLE DOMICILE IN INDIA

India is a Union of States, and a federation in that sense in which the whole country is
governed by a single unified system of law, with a unified system of judicial administration,
notwithstanding the constitutional distribution of legislative powers between the Centre and
the States. There is no State-wise domicile within the territory of India. A man who is
domiciled in India is domiciled in every State of India and identified with a territorial system
of legal rules pervading throughout the country. He is domiciled in the whole of this country,
even though his permanent home may be located in a particular spot within it. In Pradeep
Jain v. Union Of India9 it was held that India was not a federal State and it had only one
citizenship, namely the citizenship of India. The court further emphasised that India had one
single unified legal system which extends throughout the country. The legal system with a
single unified justicing system having the SC of India at the apex of the hierarchy which lays
down the law for the entire country. Therefore the Notion of State domicile was repudiated.
A.2 CITIZENSHIP BY MIGRATION

8 1991 AIR 1886

9 AIR 1984 SC 1420
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Art. 6 of the Constitution defines the Rights of citizenship of certain persons who have
migrated to India from Pakistan. The independence of India was accompanied by a large
scale migration of people from Pakistan. As there people belonged to the territory which
ceased to be a part of India after the Independence, they could not be regarded as Indian
citizens under Art. 5 and, therefore, special provisions had to be made for them in the
Constitution.
Art. 6 is applicable to persons of Indian origin, i.e. those who themselves were born in the
territory of India, or either of their parents or any of their grandparents were born in India
and in addition to it fulfilled either of the following conditions:

i. In case they migrated to India before July 19, 1948, they had been
ordinarily resident in India since the date of their migration; or

ii. In case they migrated on or after July 19. 1948, they had been registered as
a citizen of India

.
A person could so be registered only if he had been resident in India for atleast six months
preceding the date of his application for registration. He can be registered as the citizen of
India by an Officer appointed in that behalf by the Government of the Dominion of India.
Art. 6 specifies July 19, 1948 for determining the acquisition of citizenship by immigrants
from Pakistan. It was on this date that the Influx from Pakistan (Control) Ordinance, 1948
was promulgated by the Governor-General of India which came into force. The ordinance
was promulgated for regulating the movements of people from Pakistan to India. 10 Under
this ordinance, permit system was introduced for entry to India from Pakistan. The ordinance
was replaced by the Influx from Pakistan (control) Act, 1949.

CITIZENSHIP OF MIGRANTS TO PAKISTAN

10 Supra note 3 at p.18

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

What Is Migration?

The concept of domicile or permanent residence does not enter into the word „migration‟, and
a movement from India to Pakistan, if it was not for a specific period of purpose and not for .
a short and limited period, would constitute migration under Art 7. It follows that even a
minor or married woman may be held to have migrated, even though they may not acquire
domicile of choice.

Departure from India to Pakistan for the purpose of employment or labour for an indefinite
period constitutes migration. Movement to Pakistan by a Government servant who opted for
Pakistan is „migration‟ within the meaning of Art. 711. The fact that the person acquired no
property there while he possessed considerable property in India or that he did not remove his
parents, are not relevant considerations for determining the question of migration

Migrants returning back to India

Art. 7 contains an exception in favour of persons who migrated to Pakistan and later on
returned back to India. It provides that a person who after having migrated to Pakistan
returned to the territory of India, under a permit for resettlement or permanent return to India,
issued by or under the authority of any law, could be registered as a citizen of India. Such a
person would be deemed to have migrated from Pakistan to India after 19 th July 1948.
Therefore it required that such a person was to make an application for his registration as a
citizen of India, to an officer appointed by the Government of India. He could be so
registered only if he had resided in the territory of India for at least 6 months immediately
preceding the date of his application. On his registration, he would be deemed to be a citizen

11 Aslam Khan v. Fazal Haque Khan, AIR 1959 All. 79

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of India. The „migration‟ referred to in this Art. refers to the migration between March 1,1947
and January 26, 1950 and does not extend to migration after that date, which will be governed
by the Citizenship Act,1955.

Art. 6 and 7 deals with person migrating from Pakistan to India and vice versa. The term
migration came for consideration before the SC in Kulathil Mamma v. State Of Kerela12. In
this case, the appellant aged 12 years left for Pakistan in 1948, leaving his parents in India.
He came to India in 1954 on Pakistan passport. He again left for Pakistan and came back to
India in 1956. The SC held that he had lost his Indian Citizenship because of his migrating to
Pakistan.
But a citizen of India would not lose his Indian citizenship, by a mere temporary visit to
Pakistan on some business or otherwise. 13

A.3 CITIZENSHIP BY REGISTRATION

Art. 8 of the constitution deals with the Rights of Citizenship of certain persons of Indian
origin residing outside undivided India. It provides that any person who or either of his
parents or any of his grandparents was born in the territory of India as defined in the
Government of India Act, 1935 would be deemed to be a citizen of India , if he was
registered as a citizen of India by the diplomatic or consular representative of India in the
country where, for the time being he was residing.

Art. 8 is to cover overseas Indians having no domicile in the territory of India. Under Art. 8,
unlike Art. 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.

A person of Indian origin residing abroad, at the commencement of the constitution could
register himself as a citizen of India by making an application to the diplomatic or consular
representative of India in the country where for the time being he was residing . Such an
application could be made before or after the commencement of the constitution i.e. 26th
January 1950. The application could be made in the form and manner prescribed by the
Government of India or Government of the Dominion of India.

12 AIR 1966 SC 1614

13 State of Andhra Pradesh v. Khadar AIR 1961 SC 1468
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It will be noted that Art. 8 unlike Art. 5 & 6 deals with Indian citizenship not only at the date
of commencement of the constitution but also for the future.

NO DUAL CITIZENSHIP

There is only one citizenship for the whole of India. There is no separate State citizenship.
Every citizen has the same rights, privileges and immunities of citizenship, no matter in what
state he resides. Art. 9 of the constitution states that the person who voluntarily acquires
citizenship of a foreign state cannot be the citizens of India. Under Art. 9, no person can be a
citizen of India even under Art. 5, 6 and 8, if he has voluntarily acquired the citizenship of a
foreign country. This provision thus recognizes the principle that no Indian citizen can claim
a dual or plural citizenship. Cases of loss of Indian citizenship by reason of acquisition of the
citizenship of a foreign State since January 26, 1950 are governed by section 9 of the
Citizenship Act, 1955.14

The question whether an Indian Citizen has acquired the citizenship of a foreign country, is
one for the determination by the Central Government and not by the Court. 15 Mere proof of
the fact that a person has obtained a passport from a foreign country, is not sufficient, to order
his deportation from India or prosecute him, unless there has been a decision of the Central
Government in this respect.
Pakistan is not a foreign state under Art. 9 by reason of the Declaration as to Foreign State
Order, 1950 made under Art. 367(3) read with Art. 392(3) of the Constitution. Hence a
person who migrated to Pakistan after 1st March 1947 and acquired Pakistan citizenship
cannot claim to be a citizen of India.

CONTINUANCE OF THE RIGHT OF CITIZENSHIP

Art. 10 provides that every person who is or is deemed to be a citizen of India under the
provisions of Art. 5 to 8 shall continue to be a citizen of India, subject to the provisions of
any law that may be made by the Parliament. It thus enacts that the right to citizenship of

14 State of U.P v. Shah Md. , (1969) II SCWR 223

15 State of Andhra Pradesh v. Khader, AIR 1961 SC 1468
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India given under the provisions of the Constitution can only be taken away by an express
law made by the Union Parliament for the purpose.

In the case of Ebrahim Wazir v. State of Bombay16 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 SC 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 court ruled
that the right of citizenship could only be taken away by recourse to Art. 11 of the
Constitution . It was thus held that in the absence of a law expressly made under Art. 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.

B. CITIZENSHIP OF INDIA AFTER THE COMMENCEMENT OF THE

CONSTITUTION

Art. 11 of the Constitution expressly empowers the union parliament to make law with
respect to the acquisition or termination of citizenship of India after the commencement of
the Constitution and all other related matters. In the exercise of this power, Parliament has
enacted the Citizenship Act, 1955.

ACQUISITION OF CITIZENSHIP OF INDIA AFTER THE COMMENCEMENT OF

THE CONSTITUTION

The Citizenship Act 1955 provides the following modes of acquiring Indian Citizenship after
the commencement of the Constitution –

 Citizenship by Birth
 Citizenship by Descent
 Citizenship by Registration
 Citizenship by Naturalisation
 Citizenship by Incorporation of Territory

16 AIR 1954 SC 229

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 1. CITIZENSHIP BY BIRTH

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 –
(a) His father (or mother) possesses such immunity from suits and legal processes as is accorded
to an envoy of a foreign sovereign power and (he or she, as the case may be) is not an Indian
citizen; or
(b) His father (or mother) is an enemy alien and his birth takes place in a territory then under
enemy occupation.

The Citizenship Act, 1955 has been amended by the Citizenship (Amendment) Act 1986 with
the object of making the acquisition of citizenship of India somewhat difficult. The object is
to prevent persons coming to India from Bangladesh, Sri Lanka and other African countries
from becoming citizens of India. The Citizenship (Amendment) Act, 2003 has amended
Section 3 to the effect that a person born in India on or after the commencement of this
Amendment Act (i.e. 3-12-2004) shall be a citizen of India by birth if at the time of 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
In the case of Jan Balaz v. Anand Municipality17 , a child born in India to surrogate mother,
an Indian National whose biological father is foreign national is held to be a citizen of India
by birth under Section 3 of the Citizenship Act 1955.

2. CITIZENSHIP BY DESCENT

Section 4 of the Citizenship Act, 1955 provides that a person born outside India on or after
26th January, 1950, shall be a citizen of India by descent, if , at the time of his birth, his father
(either of his parents) is a citizen of India. However, if the father (parent) of such a person is
himself a citizen of India by descent, then, such a person shall not be a citizen of India unless
-
(a) His birth is registered at the Indian Consulate, or
(b) His father is, at the time of his birth, in the service under a Government of India

17 AIR 2010 Guj. 21

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 The birth of such a person can be registered, with the Indian Consulate, within one year of its
occurrence or within one year of the commencement of the Citizenship Act, 1955, or within
such period as extended by the Government of India. The Citizenship (Amendment) Act,
2003 has amended Section 4 to the effect that the birth of such a person as aforesaid shall not
be registered on or after the commencement of this Amendment Act, unless the parents of
such person declare, in such form and in such manner as may be prescribed, that the minor
does not hold the passport of another country.
A minor, who is a citizen of India by virtue of this Section and is also a citizen of any other
country, shall cease to be a citizen of India if he does not renounce the citizenship or
nationality of another country, within six months of attaining full age. 18

3. CITIZENSHIP BY REGISTRATION

Section 5 of the Citizenship Act, 1955 provides for the registration of certain categories of
persons as citizens of India. This Section lays down that the prescribed authority may, on
application made in this behalf, register as citizen of India, any person, who is not a citizen by
virtue of any provision of the Constitution or by virtue of any other provisions of the
Citizenship Act, 1955 as amended by the Citizenship (Amendment ) Act , 2003 and belongs
to any of the following categories:

a. Persons of Indian origin who are ordinarily resident in India for six months (seven
years) 19 immediately before making application for registration
b. Persons of Indian origin who are ordinarily resident in any country or place outside
undivided India
c. Women, who are or have been married to citizens of India, after the passing of the
Citizenship (Amendment) Act, 1986, this provision reads as “persons who are, or have been
so resident for seven years immediately before making as application for registration
d. Minor children whose both parents are Indian citizens.
e. Persons of full age who‟s both parents are registered as citizens of India mentioned in the
First Schedule to the Citizenship Act, 1955.

18 Section 4 of the citizenship (Amendment) Act , 2003

19 Citizenship (Amendment) Act 2003
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 Category (e) is substituted by the Citizenship (Amendment) Act, 2003 by the following
categories:
(e) a person of full age and capacity whose parents are registered as citizens of India under clause
(a) of this sub-section or sub-section (1) of Section 6;
(f) a person of full age and capacity, who or either of his parents were either citizen of
Independent India and has been residing in India for one year immediately before making an
application for registration;
(g) a person of full age and capacity who has been registered as an overseas citizen of India for
5 years and residing in India for two year before making application for registration.

For the purpose of clauses (a) and (c) above, an applicant shall be deemed to be ordinarily
resident in India if,-
 If he has resided in India throughout the period of twelve months immediately before
making an application for registration; and
 He has resided in India during the eight years immediately preceding the said period of
twelve months for not less than six years.

For the purpose of this Section, a person shall be deemed to be Indian origin if he or either of
his parents was born in undivided India or such other territory which became part of India
after 15th day of August, 1947

Section 5 of the Citizenship (Amendment) Act, 1955, further provides that the Central
Government may lay down conditions and restrictions subject to which the above categories
of persons may be registered. The Government has framed the following rules for this
purpose :

 A person shall be deemed to be of Indian Origin if he or either of his parents or any of

his grandparents was born in undivided India
 A person of full age shall not be registered as a citizen of India unless he takes an oath
of allegiance to the Constitution of India
 A person who has renounced or has been deprived of his Indian Citizenship or whose
Indian Citizenship has been terminated shall not be registered as a citizen except by
order of the Central Government

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  A minor may be registered as a citizen if the Central Government is satisfied that
there are special circumstances justifying such a registration and
 A person so registered shall be a citizen of India by registration, as from the date he is
so registered.

4. CITIZENSHIP BY NATURALISATION

Section 6 of the Citizenship Act states about the process of getting citizenship by
Naturalisation. Naturalisation means to adopt, to introduce to any other country ,to admit to
citizenship or to naturalise as a citizen of a State. In the context of citizenship, naturalisation
is “the act by which rights of citizenship are conferred by a State upon a person who was
before, an alien to that State”. Section 6 of the Citizenship Act, 1955, provides for the
acquisition of citizenship of India by naturalisation. It is applicable to persons of full age and
capacity.

The Government of India may, if satisfied that the applicant is qualified for naturalisation,
grant him a certificate of naturalisation. The qualifications for naturalisation of a person are
as follows-
(a) That he must not be a citizen of a country where Indian citizens are prevented from
becoming citizens of that country by naturalisation;
(b) That he [has renounced the citizenship of his own country according to the law of that
country and has notified such renunciation to the Central Government];
(c) That he has either resided in India or has been in service of Government of India for 12
months immediately preceding the date of making the application of naturalisation;
(d) That during 7 years 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.
(e) That he is of good character
(f) That he has adequate knowledge of at least one language recognized by the constitution of
India
(g) That in the event of a certificate of naturalisation being granted to him, he intends to reside in
India or to serve under a Government in India or under an International Organization or under
a society, company or body of persons established in India.

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

5. CITIZENSHIP BY INCORPORATION OF TERRITORY

Section 7 of the Citizenship Act, 1955 provides that if any territory becomes a part of India,
the Central Government, may by orders notified in the Official Gazette, specify the persons
who shall be citizens of India by reasons of their connection with that territory, and those
persons shall be citizens of India as from the date to be specified in the order.

Citizenship of persons covered by Assam accord 1985

The Citizenship (Amendment) Act, 1985 inserted Section 6-A in the Citizenship Act, 1955, to
give effect to the Memorandum of Settlement relating to the foreigners issue in Assam. This
Section provides citizenship of India for persons of Indian origin who had come to Assam
before 1st January 1966.
Those who came to Assam after 1st January 1966 but before 25th March, 1971 and have been
detected to be foreigners would have to register themselves. Such persons shall have the same
rights and obligations as citizens of India. But, such persons shall be deemed to be citizens of
India for all purposes as from the date of expiry of a period of ten years from the date on which
they have been detected to be foreigners.

OVERSEAS CITIZENSHIP FOR PERSONS OF INDIAN ORIGIN

The Citizenship (Amendment) Act, 2003 provides for dual citizenship to Persons of Indian
Origin (PIOs) 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 forgo the citizenship of the
countries in which they live.21 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 in the country.

20 Supra Note 2 at p. 63
21 Supra Note 2 at p. 69
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 OVERSEAS CITIZENSHIP OF INDIA

Overseas Citizen of India means “a person who-

(i) is of Indian origin being a citizen of a specified country or
(ii) was a citizen of India immediately before becoming a citizen of a specified country
and is registered as an Overseas Citizen of India by the Central Government under
Sub-Section (i) of Section 7-A.”

Section 7-A of the Citizenship (Amendment) Act 2003 provides for registration of the
following persons as overseas citizens of India:
a. Any person of Indian origin of full age and capacity who is a citizen of any country specified
in the Fourth Schedule, to the Act;
b. Any person of full age and capacity who has obtained the citizenship of a specified country on
or after the commencement of the Amendment Act 2003 and who was a citizen of India
immediately before such commencement;
c. Any minor children of a person mentioned in the above mentioned categories (a) and (b).

The registration as an overseas citizen of India may be done by the Central Government,
subject to such conditions and restrictions including the condition of reciprocity, as may be
prescribed by the said Government. The person so registered shall be an overseas citizen of
India, as from the date on which he is so registered. No person who has been deprived of his
Indian Citizenship under the Citizenship (Amendment) Act, 2003 shall be so registered except
by an order of the Central Government.22

RIGHTS OF OVERSEAS CITIZENS OF INDIA

Section 7-B of the Citizenship (Amendment) Act 2003 provides that the Central Government
may by Notification in the Official Gazette specify the rights to which an overseas citizen of
India would be entitled, except the rights conferred on Citizen of India under Art. 16, 58, 66,
124, 217, Sections 3, 4, 5, 5-A, 6, 16 of the Representation of People Act 1951.

22 https://www.gktoday.in/gk/part-ii-of-constitution-of-india-citizenship/ accessed on 21.08.18

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An overseas citizen of India shall not be appointed to public services and posts in connection
with the affairs of the Union or any State except for appointment in such services as the Central
Government in that behalf, specify by special order.23

C. TERMINATION OF CITIZENSHIP OF INDIA

Art. 9 of the Constitution as already discussed above lays down that a citizen of India, shall
cease to be a citizen of India, if he had voluntarily acquired the citizenship of a foreign State
prior to or at the commencement of the Constitution.
As regards the termination of citizenship of India subsequent to the commencement of the
Constitution the Citizenship Act 1955 provides the following ways:
 By Renunciation or
 By Termination or
 By Deprivation

1. RENUNCIATION OF CITIZENSHIP

Section 8 of the Citizenship Act,1955 provides that a citizen of India of full age and capacity
who is also a citizen or national of another country, makes in the prescribed manner
a declaration renouncing his Indian citizenship; the declaration shall be registered by the
prescribed authority, and upon such registration, that person shall cease to be a citizen
of India.
Provided that if any such declaration is made during any war in which India may be engaged,
registration thereof shall be withheld until the Central government otherwise directs.

Clause (2) of Section 8 provides that where a person renounces his citizenship every minor of
that person shall also cease to be a citizen of India. However such a child may resume Indian
citizenship by making a declaration to that effect within one year of his attaining majority

23 Supra Note 3 at p.31

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Section 7-C of the Citizenship (Amendment) Act 2003 enables an overseas citizen of India of
full age and capacity to renounce his overseas citizenship of India by making a declaration
and getting it registered with the Central Government. Upon such registration he shall cease
to be an overseas citizen of India. Every minor child of such a person shall also cease to be an
overseas citizen of India.

2. TERMINATION OF CITIZENSHIP

Section 9 of the 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.

Cases that would ordinarily arise about loss of Indian Citizenship by acquisition of foreign
citizenship would be of three kinds –

 Indian citizen who voluntarily acquires the citizenship of any other State or country
prior to the commencement of the Constitution.
 Indian Citizen who voluntarily acquires the citizenship of any other State or country
between 26th January 1950 and December 30 1955 i.e. date of the commencement of
Citizenship Act 1955
 Indian Citizen who voluntarily acquires foreign citizenship after the date of
commencement of the Citizenship Act i.e. December 30 1955

As regards the first category would be dealt with under Art. 9 of the Constitution whereas
second and third categories would be covered by the provisions of Section 9 of the
Citizenship Act 1955.

3. DEPRIVATION OF CITIZENSHIP

Section 10 of the Citizenship Act,1955 provides that a citizen of India whether by

naturalisation or by 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 that-
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 i. The registration or certificate of naturalization was obtained by means of fraud, false
representation or concealment of any material fact; or
ii. That citizen has shown himself by act or speech to be disloyal or disaffected towards the
Constitution of India as by law established; or
iii. That citizen has, during the war in which India may be engaged, unlawfully traded or
communicated with an enemy or been engaged in or associated with, any business that was to
his knowledge carried on in such manner as to assist any enemy in that war; or
iv. That citizen has, within five years after registration or naturalization, been sentenced in any
country to imprisonment for a term of not less than two years; or
v. That citizen has been ordinarily resident out of India for a continuous period of seven years,
and during that period, has neither been at any time a student of any educational institution in
a country outside India or in the service of a Government of India or of an 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.

Before making an order depriving a person of his Indian citizenship the Central Government is
to give to him a written notice containing the grounds on which the order is proposed to be
made. If the order is made on any of the above mentioned grounds specified in clauses (i) to
(iv), that person might his case referred to a Committee of Inquiry.
As regards the Overseas Citizens of India Section 7-D of the Citizenship (Amendment) Act
2003 provides that the Central Government may by order cancel the registration of such a
person on any of the grounds mentioned in clauses (i) to (iv) above as also if it‟s necessary to
do so in the interest of the Sovereignty and Integrity of India, friendly relations with any
foreign country or in the interests of the general public.

NATIONAL REGISTER OF CITIZENS (NRC) OF ASSAM

Assam released the final draft of the National Register of Citizens (NRC), seven months after
it released the first draft on 1 January 2018, which included 1.9 crore names out of a total

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applicant pool of 3.29 crore. It left out 40.07 lakh people wherein 2.89 crore people were
found eligible out of 3.29 crore applicants. 24

What is NRC?

The National Register of Citizens (NRC) is the list of Indian citizens of Assam. It was
prepared in 1951, following the census of 1951. For a person‟s name to be included in the
updated NRC list of 2018, he/ she will have to furnish:

 Existence of name in the legacy data: The legacy data is the collective list of the
NRC data of 1951 and the electoral rolls up to midnight of 24 March 1971.
 Proving linkage with the person whose name appears in the legacy data.

How did NRC verification begin in Assam?

The process of NRC update was taken up in Assam as per a Supreme Court order in 2013. In
order to wean out cases of illegal migration from Bangladesh and other adjoining areas, NRC
updation was carried out under The Citizenship Act, 1955, and according to rules framed in
the Assam Accord.

How is verification carried out?

The updating process started in May 2015 and ended on 31 August 2015. A total of 3.29
crore people applied through 68.31 lakh applications. The process of verification involved
house-to-house field verification, determination of authenticity of documents, family tree
investigations in order to rule out bogus claims of parenthood and linkages and separate
hearings for married women.

Who all have been left out?

Out of the 40.07 lakh applicants who have been left out of the final draft NRC released, on
Monday, 2.48 lakh applicants have been kept on hold including the D-Voters (doubtful voters
who have been disenfranchised on account of failure to prove citizenship), descendants of D-

24 http://zeenews.india.com/video/india/dna-analysis-on-final-draft-of-assams-national-register-of-citizens-nrc-
2128868.html accessed on 22.08.18
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voters and persons whose cases are pending before the foreigners tribunal. The state however,
has not revealed the reason for keeping others on hold.

What next?

The process of filing claims and objections will start on 30 August, during which people
whose names have been left out of the NRC Assam, can once again appeal to have their case
reconsidered. Those left out are not yet being labelled as “foreigners” or being sent to
detention centres. However, only those applicants who had submitted their applications in
2015 will be considered. 25

25 https://www.tribuneindia.com/news/nation/assam-like-nrc-in-rest-of-country-under-study/639885.html
accessed on 21.08.18
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 BIBLIOGRAPHY

 Narender Kumar, (2012). Constitutional law of India. Panchkula: Allahabad Law

Agency

 (The Constitution of India, 2018), Bare Act with short notes as amended by the

Constitution (amendment) Act 2016

 Dr. M.P. Jain, Indian Constitutional Law, (Lexis Nexis, Butterworths,2002)

 Dr. Basu, Introduction to Constitution Of India ( Wadhwa , Nagpur, 2008)

WEBLIOGARPHY

 https://www.clearias.com/citizenship

 https://en.wikibooks.org/wiki/Constitution_of_India/Citizenship

 https://www.gktoday.in/gk/part-ii-of-constitution-of-india-citizenship

 https://blog.ipleaders.in › Constitutional law

 www.iasplanner.com/civilservices/ias-pre/gs-polity/citizenship-and-the-constitution

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