Citizenship

A citizen is a person who enjoys full membership of the community in which he lives.
Single Citizenship : No State Citizenships.
Citizens are different from aliens who do not enjoy the following Fundamental Rights :
- The right not to be discriminated against on grounds of religion, race, caste, sex or place of birth ( Article 15 ).
- The right to equality of opportunity in the matter of public employment ( Article 16 ).
- The right to six freedoms in Article 19, i.e. freedom of speech and expression, assembly, association, movement, residence and profession.
- Cultural and educational rights conferred by Articles 29 and 30.

Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, Governor of a State, Judge of Supreme Court and High Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a Member of the Parliament and a State Legislature are reserved for citizens only.

Citizenship at the Commencement of the Constitution

Every person who has 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 residing in the territory of India for not less than five years immediately preceding such commencement; shall be a citizen of India.
Persons who migrated to India from Pakistan before 19th July, 1948 and since then have been ordinarily residing in India.
Persons who migrated to India from Pakistan on or after 19th July, 1948 but got themselves, duly registered as citizens with a competent officer appointed for that purpose.
Persons who migrated to Pakistan after 1st March but returned to India under a permit for resettlement.
Any person who or either of whose parents or any of whose grandparents was born in India.
However, no person will be deemed to be a citizen, if he voluntarily acquires the citizenship of a foreign State.

Citizenship Act, 1955 as Amended by Citizenship ( Amendment ) Act, 1986

The Act provides for the acquisition of Indian Citizenship after the commencement of the Constitution in five ways, i.e. Birth, Descent, Registration, Naturalization and Incorporation of territory.

1.Citizenship by Birth :

Every person born in India on or after 26th January, 1950 shall be a citizen of India by birth provided either or both of his parents are citizens of India at the time of his birth.
However, such a person shall not be a citizen of India, if at the time of his birth :
- His father is a foreign diplomat ( or )
- His father is an enemy alien.

2.Citizenship by Descent :

A person born outside India on or after 26th January, 1950 shall be a citizen of India by descent, if his father is a citizen of India at the time of that person’s birth.

3.Citizenship by Registration :

Any person who is not a citizen and belongs to any of the following categories, can apply for registration as a citizen.
However, he must have resided in India for at least five years immediately before making an application for registration as a citizen.

These are :

Persons of Indian origin who are ordinarily resident in India for five years immediately before making an application for registration
Persons of Indian origin who are ordinarily resident in any country or place outside India
Women who are married to citizens of India
Minor children of persons who are citizens of India ( and )
Persons of full age and capacity who are citizens of a country mentioned in the first schedule of the Act.