Khudiram bose central College

Citizenship
Presented by
TILAK SEN
 CONTEXT
 INTRODUCTION
1
 SIMILAR CONCEPT 2
 CITIZENSHIP IN INDIAN CONSTITUTION 3
 TYPES OF CITIZENSHIPS 4-7
 LOSS OF CITIZENSHIPS 8
9
 CITIZENSHIP AMENDMENT ACT, 2019
10
 CONCLUSION
 INTRODUCTI
ON
• CITIZENSHIP IS STATUS OF A PERSON RECOGNIZED UNDER ANY
CUSTOM OR LAW AS BEING A LEGAL MEMBER OF A SOVEREIGN
NATION/NATIONS OF BELONGING TO A STATE/STATES.
• A PERSON MAY ADOPT CITIZENSHIP OF A PARTICULAR NATION
OR MAY ADOPT CITIZENSHIP OF MANY STATES. (IF THAT
PARTICULAR STATE'S LAWS GIVE PERMISSION TO ACQUIRING
CITIZENSHIP OF OTHER NATIONS.) (DUEL CITIZENSHIP
CONCEPT).
• COUNTRIES WHICH ALLOWED DUAL CITIZENSHIP: ISRAEL,
ITALY, NORWAY, PAKISTAN, PORTUGAL, BELGIUM, ETC.
COUNTRIES WHICH DON'T ALLOWED DUAL CITIZENSHIP: INDIA,
MALAYSIA, JAPAN, CHINA, POLAND, UKRAINE, ETC.
 SIMILAR Concept
 There are many concepts which looks like similar to citizenship but
they are different i.e. Nationality, Domicile and Resident.
 Nationality: A national is a person who owes permanent allegiance
to a state and enjoys the diplomatic protection of that state.
 Citizenship: It is most complete legal relationship between a person
and a country. As a citizen person have all political rights and can't
be deported.
 Domicile: It is where some one lives with intent to stay, it refers
particularly to a nation, province, city. One may have many
residences but have only one domicile.
 Residency: It's means that a foreign country allowed any person to
live and work in that country. But person still considered foreigner
and can deported.
Citizenship in indian Constitution

In the Indian Constitution, citizenship-related provisions are primarily mentioned in Articles 5 to 11 :-

 Article 5: Defines the term "citizen of India" and lays down the criteria for acquiring citizenship at the
commencement of the Constitution (1950).
 Article 6: Deals with the rights of migrants to Pakistan after the partition of India and their eligibility for
Indian citizenship.
 Article 7: Addresses the citizenship status of migrants to India from Pakistan.
 Article 8: Covers the rights of a person of Indian origin residing outside India.
 Article 9: Empowers the Indian Parliament to regulate the right of citizenship by law.
 Article 10: Specifies the continuance of citizenship rights for migrants between the commencement of the
Constitution and the enactment of the Citizenship Act.
 Article 11: Grants the Indian Parliament the authority to enact laws regarding citizenship, including the
acquisition and termination of citizenship.
 CITIZENSHIP BY
BIRTH
1. A person born in India on or after 26th Jan, 1950 but before 1 July 1987 is a
citizen of India by birth irrespective of the nationality of his parents.
2. A person born in India on or after 1 July, 1987 is considered as a citizen of India
only if either of his parents is a citizen of India at the time of his birth.
3. Those who born in India on or after 3rd December, 2004 are considered citizen of
India only if both the parents are a citizen of India or one of whose parents is
citizen of Indiaand other is not a illegal migrant at the time of his birth.NOTE: The
Children of foreign diplomats posted in India and enemy aliens cannot acquire
Indian citizenship by birth.
 CITIZENSHIP BY
DESCENT
On or after 26 Jan, 1956 to
before 10th December 1992
A person born outside can be
citizen of India, if his father
was a citizen of India at the
time of his birth.
On or after 10 December
1992A
person born outside India can
be citizen of India if either of
his parents is a citizen of India
at the time of his birth.
From 3 December 2004
A person born outside India cannot
be citizen of India unless
1. His birth is registered at the
Indian consulate within 1 year of
birth,
2. Application of registration of
birth with undertaking by parents
that he doesn’t hold passport of
another country.
 CITIZENSHIP BY
 REGISTRATION
• The central government may, on an application, register as a citizen of India any person (not-
being an illegal migrant) if he belongs to any of the following categories:
1. A. A person of Indian origin who is ordinarily resident in India for 7 years before making
application.
2. B. A person of Indian origin who is ordinarily resident in any country or place outside undivided
India
3. C.A person who is married to a citizen of India and is ordinarily resident in India for 7 years.
4. D. Minor children of persons who are citizens of India.
5. E. A person of full age and capacity whose parents are registered as citizens of India.
6. F. A person of full age and capacity who or either of his parents was earlier citizen of Independent
India and has been residing in India for 1 year immediately before making an application for
registration.
7. G. A person of full age and capacity who has been registered as an overseas citizen of India for 5
years, and who has been residing in India for 1 year before making an application for registration.
 CITIZENSHIP BY NATURALISATIONT
he control government may, on an application, grant a certificate of naturalization to any person (not being an illegal migrant) if
he possesses the following qualifications:
 a) He is not citizen of any country where citizens of India are prevented from becoming citizens of that country by
naturalization
 b) He undertakes to renounce the citizenship of that country in the event of his application accepted.
 c) He has either resides in India or in the service of government of India or partly both, throughout the period of 12 months
immediately preceding the date of the application.
 d) Not less than 11 years aggregate resides in India or Service in India or partly Both.
 e) He is of good character.
 f) He has an adequate knowledge of a language specified in the 8th schedule to the constitution.

However, the govt. of India may waive all or any of the above conditions for naturalization in the case of a person who has
rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.
 LOSS OF CITIZENSHIP
The Citizenship Act, 1955, prescribed three ways
of losing citizenship:
By Renunciation Any Indian citizen can make declaration renouncing his
Indian citizenship.
If India engages in was then declaration shall be withheld by
central governments
• When a person renounces his citizenship, every minor
child of that person loses Indian citizenship.

By Termination When Indian citizen voluntarily acquires the citizenship

automatically terminates.

By Deprivation • If citizenship obtained by fraud.

• Shows disloyalty to the Constitution of India.
• Unlawfully traded with enemy during war.
• Within 5 years after registration or naturalization,
imprisoned in any country for two years.
 THE CITIZENSHIP (AMENDMENT) ACT, 2019

The Act seeks to amend the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi,
and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for
citizenship of India. In other words, the Act intends to make it easier for non-Muslim
immigrants from India’s three Muslim-majority neighbours to become citizens of India.
• The legislation applies to those who were “forced or compelled to seek shelter in India due to
persecution on the ground of religion”. It aims to protect such people from proceedings of illegal
migration.
• The amendment relaxes the requirement of naturalization from 11 years to 5 years as a
specific condition for applicants belonging to these six religions.
The cut-off date for citizenship is December 31, 2014, which means the applicant should have
entered India on or before that date.

The Act says that on acquiring citizenship:

• Such persons shall be deemed to be citizens of India from the date of their entry into India,
and All legal proceedings against them in respect of their illegal migration or citizenship will be
closed.
 Conclusion
 Citizenship is the bedrock of societal cohesion, fostering a sense of belonging
and shared responsibility. It grants individuals rights, but also demands civic
duties.
 A nation's strength lies in its citizens' active participation, contributing
diverse perspectives to the collective identity.
 While citizenship provides legal status, its essence transcends paperwork,
embodying a commitment to uphold values, uphold the rule of law, and
contribute to the common good.
 In conclusion, citizenship is a dynamic relationship between individuals and
their community, shaping both rights and responsibilities for the betterment
of society.
 REFERENCE

 Marshall ,T. H. Citizenship and Social Class (1950), IGNOU

 Jack Barbalet, Citizenship (1988)

 Mukherjee saradindu, The citizenship act, 2019 some reflection, Akshay prakashan,
january 2021.
THANK YOU