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 Population

Citizens Aliens

A citizen is defined as a Foreigners residing in India

person who is legally accepted
as a member of a particular
country

Friendly Aliens Enemy Aliens

Citizens of those countries Citizens of those

who share friendly relations country with whom
with India like nationals of India is at war
United States of America or
nationals of France
❑ Fundamental Rights only for the citizens of India
• Article 15, 16, 19, 29, 30

❑ Rights for citizens only

• Only citizens can contest elections
• Only citizens can become a judge
• Only citizens can become a member of Parliament
• Only citizens can hold government jobs
 Citizenship

Citizenship is the rights to have rights.

-Hannah Arendt
August 15, 1947
 Russia

Kazakhstan Mongolia

Kyrgyzstan N.Korea
Azerbaijan
Turkmenistan Tajikistan S.Korea
Turkey Siachen

China
Glacier

N. Cyprus
Syria
Cyprus
Iraq Iran
Kuwait
Bhutan

Bahrain
Qatar Taiwan
U.A.E.
Myanmar
Saudi Arabia India Laos

Thailand
Yemen Cambodia

Brunei

Sri Lanka Malaysia

Indonesia
East Timor
 Siachen

Glacier

China
Bhutan

Myanmar

India
Laos

Thailand

The migration started from 1 March 1947

Sri Lanka
To regulate the migration, a permit system
was imposed on 19 July 1948
Requirements for the application of Citizenships provisions

Target Population Condition

 Article 5: Citizenship at the commencement of the Constitution

Conditions

✓ Who was born in the territory of India

Or
✓ Either of whose parents was born in
the territory of India
Or
26 JANUARY 1950
✓ If one has been a resident of India for
5 years immediately before the
commencement of the Constitution.
Article 6: Rights of citizenship of certain person who have migrated
to India from Pakistan.

Target Population Conditions

Any person who has The person has migrated

migrated from Pakistan before 19 July 1948 and

shall be a citizen of India at has been ordinarily

the time of commencement resident in India since his

of the Constitution migration.

Article 7: Rights of citizenship of certain migrants to Pakistan.

Target Population Conditions

1. Migrated to Pakistan after March

This article deals with
1, 1947 but subsequently returned
the rights of people
to India by January 26, 1950.
who had migrated to
2. He/she had to be a resident of
Pakistan
India for 6 months preceding
his/her date of application.
Article 8: Rights of citizenship of certain persons of Indian
origin residing outside India.

Target Population
Conditions

People of Indian origin Either the person or one

residing outside India for of their parents or
purposes of employment, grandparents must have
marriage and education. been born in undivided
India.
Article 9: Persons voluntarily acquiring citizenship of a foreign
state not to be citizens

India recognizes single citizenship only United States recognizes dual citizenship
Article 10: Continuance of the rights of citizenship

Article 5 to 8 decide the

Indian Citizenship Indian Citizenship

application and condition of

who can be the citizen of
India upto January 26, 1950.
Indian Citizenship Indian Citizenship
TERMINATE CITIZENSHIP TERMINATE CITIZENSHIP

Article 10 gives power to

the parliament to take away
the citizenship.
Article 11: It gives the power to the parliament to make provisions
concerning the acquisition and termination of citizenship.

Note: The provision to grant

citizenship to people who came to
India after January 26, 1950, was
not provided in Article 5, 6, 7, 8.
 Part-II: Citizenship
✓ Article 5: Citizenship at the commencement of the Constitution

✓ Article 6: Rights of citizenship of certain person who have migrated to India from Pakistan.

✓ Article 7: Rights of citizenship of certain migrants to Pakistan.

✓ Article 8: Rights of citizenship of certain persons of Indian origin residing outside India.

✓ Article 9: Persons voluntarily acquiring citizenship of a foreign state not to be citizens

✓ Article 10: Continuance of the rights of citizenship

✓ Article 11: It gives the power to the parliament to make provisions concerning the

acquisition and termination of citizenship.

 Citizenship Act, 1955

Ways of Acquiring Indian Citizenship

1 Citizenship by Birth

2 Citizenship by Descent

3 Citizenship by Registration

4 Citizenship by Naturalisation

5 Citizenship by Incorporation of Territory

 JUS SOLI JUS SANGUINIS

Right of the Soil Right of blood

JUS SOLI JUS SANGUINIS
 Not illegal migrants

JUS SANGUINIS
1 Citizenship by Birth

1955 1987 2003 Present

JUS SOLI JUS SANGUINIS JUS SANGUINIS

A child born in Indian soil is

Citizenship Act, 1955,
A rule that the citizenship Indian citizen if both parents
was amended in 1986.
of a child is determined by are Indian citizens or if one
the place of its birth. A child born in Indian soil
of the parents is an Indian
is Indian citizen if his/her
e.g. A child born in Indian and the other is not illegal
one of the parents is
soil is Indian citizen migrant at the time of the
Indian.
regardless of the nationality birth.
of his/her parents.
1 Citizenship by Birth

1955 1987

JUS SOLI

A rule that the citizenship

of a child is determined by
the place of its birth.

e.g. A child born in Indian

soil is Indian citizen JUS SOLI
regardless of the nationality
of his/her parents.
1 Citizenship by Birth

1987 2003

JUS SANGUINIS

Citizenship Act, 1955,

was amended in 1986.

A child born in Indian soil

is Indian citizen if his/her
one of the parents is JUS SANGUINIS
Indian.
1 Citizenship by Birth

1987 2003

JUS SANGUINIS

Citizenship Act, 1955,

was amended in 1986.

A child born in Indian soil

is Indian citizen if his/her
one of the parents is JUS SANGUINIS
Indian.
1 Citizenship by Birth
Not illegal migrants

2003 Present

JUS SANGUINIS

A child born in Indian soil is

Indian citizen if both parents
are Indian citizens or if one
of the parents is an Indian
and the other is not illegal JUS SANGUINIS
migrant at the time of the
birth.
Illegal Migrant
Illegal Migrant
1 Citizenship by Birth

1955 1987 2003 Present

JUS SOLI JUS SANGUINIS JUS SANGUINIS

Citizenship Act, 1955, A child born in Indian soil is

A rule that the citizenship Indian citizen if both parents
was amended in 1986.
of a child is determined by are Indian citizens or if one
A child born in Indian soil
the place of its birth. of the parents is an Indian
is Indian citizen if
e.g. A child born in Indian and the other is not illegal
his/her one of the
soil is Indian citizen migrant at the time of the
parents is Indian.
regardless of the nationality birth.
of his/her parents.
 2 Citizenship by Descent

A person born outside India on or after

3 December, 2003, 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 Citizenship by Descent

of birth or with the permission of the

Central Government, after the expiry of
the said period.
2 Citizenship by Descent

Within 6 months of turning 18,

the person must decide whether Citizenship by Descent

he wants to continue being an

Indian citizen or become a U.S.
citizen and give up
Indian citizenship.

18 Years old
3 Citizenship by Registration

Conditions

A person who is married to a

citizen of India and is ordinarily
resident in India for seven years Rajiv Gandhi & Sonia Gandhi

can apply for Indian citizenship

by registration.
 4 Citizenship by Naturalisation
CONDITIONS FOR NATURALISATION

Citizenship of India by naturalisation can be 1. You have to give up your citizenship of other country

acquired by a foreigner (not illegal migrant) 2. A person needs to show his intention to reside in India or
enter/continue service under government in India
who is ordinarily resident in India for
3. Adequate knowledge about any Indian language mentioned
TWELVE YEARS (throughout the period of
under Schedule VIII of the Constitution
twelve months immediately preceding the
4. A person who is ordinarily resident in India for TWELVE
date of application and for ELEVEN YEARS YEARS (throughout the period of twelve months immediately
in the aggregate in the FOURTEEN YEARS preceding the date of application and for ELEVEN YEARS in
preceding the twelve months) and other the aggregate in the FOURTEEN YEARS preceding the twelve

qualifications as specified in Third months) should have stayed in India

5. He has resided in India or been in service, throughout the
Schedule to the Act.
period of 12 months immediately before application

Total no. of years - No. of years spent out side India = Number of years present in India must be 11 years
5 Citizenship by Incorporation of Territory

Russia

Kazakhstan Mongolia

Kyrgyzstan N.Korea
Azerbaijan
Turkmenistan Tajikistan S.Korea
Turkey Siachen

China
Glacier

N. Cyprus
Syria
Cyprus
Iraq Iran
Kuwait
Bhutan

Bahrain
Qatar Bangladesh
Taiwan
U.A.E.
MyanmarLaos
Saudi Arabia India
Thailand
Yemen Cambodia

Brunei
Sri Lanka Malaysia

Indonesia
East Timor
 Kazakhstan Mongolia

5 Citizenship by Incorporation of Territory

Kyrgyzstan

Azerbaijan

Turkmenistan Tajikistan
Turkey
Siachen

China
Glacier

N. Cyprus Syria
Cyprus

Iraq
Iran

Kuwait

Bhutan

Bahrain

Qatar Bangladesh

U.A.E.

Myanmar
Saudi Arabia India Laos

Thailand

Yemen
Cambodia

Sri Lanka M
5 Citizenship by Incorporation of Territory

Jammu and

Himachal
Pradesh
Punjab
Haryana
Uttaranchal
Arunachal
Delhi Pradesh
Sikkim

Rajasthan Uttar Pradesh

Assam
Bihar Meghalaya

Manipur
Jharkhand
Gujarat
Chhattisgarh West
Madhya Pradesh Bengal Tripura

Mizoram

Orissa
Dadra and
Nagar Haveli

Maharashtra

Andhra
KarnatakaPradesh
Goa

Tamil Puducherry

Nadu

Kerala

Lakshadweep
 Dadra and

Nagar Haveli

5 Citizenship by Incorporation of Territory Maharashtra

Andhra

Pradesh
Karnataka

In 1961, India annexed Goa, Goa

Daman, and Diu from

Portuguese rule via Operation
Vijay. These territories became
Union Territories, and residents Tamil Puducherry

were granted Indian citizenship Nadu

under the Citizenship Act, 1955.

Kerala
 Loss of Citizenship

1. Loss by Renunciation

2. Loss by Termination

3. Loss by Deprivation
1. Loss by Renunciation

Age>18

Can attain Indian

Citizenship again
 2. Loss by Termination

➢ Government terminates your Indian Citizenship

Indian Citizenship USA Citizenship

USA Citizenship Indian Citizenship

TERMINATE CITIZENSHIP
TERMINATE CITIZENSHIP
2. Loss by Termination

➢ Government terminates your Indian Citizenship

Indian Citizenship USA Citizenship

The Ministry of Home Affairs,

Government of India, oversees
matters related to citizenship.

Indian Citizenship USA Citizenship

TERMINATE CITIZENSHIP TERMINATE CITIZENSHIP

 3. Loss by Deprivation
Exceptions
1. If found disloyal towards the Constitution 1. If one is a student of a foreign

2. If citizenship is acquired through fraud university.

concealment of facts 2. An official in service of government.

3. If one has been out of the country for 7 years 3. An official in service of some
continuously international organisation of which

4. If unlawfully traded or communicated with India is a member.

enemy during war 4. One who has registered, annually, at

5. If citizen, within 5 years after registration or the Indian consulate about retaining

naturalisation, has been imprisoned in any their Indian citizenship and is

country for two years residing out of India for seven years
continuously, their citizenship
will not be deprived.
 Summary

✓ Article 5: Citizenship at the commencement of the Constitution

✓ Article 6: Rights of citizenship of certain person who have
migrated to India from Pakistan.
✓ Article 7: Rights of citizenship of certain migrants to Pakistan.
✓ Article 8: Rights of citizenship of certain persons of Indian
origin residing outside India.
✓ Article 9: Persons voluntarily acquiring citizenship of a foreign
state not to be citizens
✓ Article 10: Continuance of the rights of citizenship
✓ Article 11: it gives the power to the parliament to make
provisions concerning the acquisition and termination of
citizenship.
 Citizenship Act, 1955

Ways of Acquiring Indian Citizenship

1 Citizenship by Birth

2 Citizenship by Descent

3 Citizenship by Registration

4 Citizenship by Naturalisation

5 Citizenship by Incorporation of Territory

 Loss of Citizenship

1. Loss by Renunciation

2. Loss by Termination

3. Loss by Deprivation
Thank
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