UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A., LL.B. (HONS.)

SEMESTER III

ACADEMIC YEAR: 2020-21 SESSION: AUG-DEC, 2020

ABSTRACT
FOR
Constitution

SUBMITTED TO: Ishita Mam

(TO BE FILLED BY THE STUDENT)
NAME:ANKIT GUPTA

ROLL NO: R450219209

SAPP NO- 500077346

Citizenship Act 1955

Though India is a Federation having two levels of government, Centre and the States—there
is only single citizenship, viz the Indian citizenship, and no separate State citizenship.
Articles 5 to 11 in the Constitution lay down as to who are the citizens of India at the
commencement of the Constitution, i.e. on 26 January 1950. These citizens have been
classified into:

(1) Citizens by domicile

(2) Citizens by migration, and

(3) Citizens by registration

These provisions are confined mainly to defining who are citizens of fragile the
commencement of the Constitution but do not deal with the problem of acquisition of
citizenship subsequent to that date. Nor is there any provision in the Constitution to deal with
such matters termination of citizenship (other than Articles 7 and 9), or other matters
concerning citizenship. Article 11 expressly empowers Parliament to make a law to provide
for such matters and, accordingly, Parliament has enacted the Citizenship Act, 1955, to
provide for the acquisition and determination of Indian citizenship.

In this connection, reference may be made to entry 17, List I' which runs as "citizenship,
naturalisation and aliens". Thus, Parliament has exclusive power to legislate with respect to
"citizen- ship". Also. Article 10 says that a person who is a citizen of India under Articles 5 to
8 shall, subject to any law made by Parliament, continue to be such citizen. This means that
the law enacted by Parliament can make changes even in Articles 5 to 8.

The Act provides for acquisition of Indian citizenship after the commencement of the
Constitution, makes necessary provisions for termination and deprivation of citizenship in
certain circumstances and seeks to recognise formally the concept of Commonwealth
citizenship. The Act does not apply to a company, association or body of individuals whether
incorporated or not.

The Act provides for five ways for acquiring Indian citizenship, viz,

(a) Birth

(b) Descent

(c) Registration

(d) Naturalisation and

(e) Incorporation of some territory into India.